IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 01ST DAY OF DECEMBER 2016

BEFORE

THE HON'BLE MR. JUSTICE B MANOHAR

MFA.No.7665 OF 2012 (MV)

BETWEEN:

DIVISIONAL CONTROLLER K.S.R.T.C KSRTC BUS STAND M.C.ROAD, MANDYA

NOW BY THE MANAGING DIRECTOR K.S.R.T.C CENTRAL OFFICES K.H.ROAD BANGALORE-560 027 REPRESENTED BY ITS CHIEF LAW OFFICER ... APPELLANT

(BY SRI F.S.DABALI., ADV.,)

AND:

B.N JAGADEESH S/O NINGAIAH AGED ABOUT 22 YEARS R/O BYADARAHALLI VILLAGE MADDUR TALUK MANDYA DISTRICT PIN-571428 ... RESPONDENT

(BY SRI R PRAMOAD, ADV.,)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:19.04.2012 PASSED IN MVC NO.177/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, MADDUR, AWARDING A COMPENSATION OF RS.1,39,200/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Divisional Controller, KSRTC filed this appeal challenging the quantum of compensation awarded in a judgment and award dated 19.04.2012 made in MVC No.177/2009 passed by the MACT, Maddur.

2. The main grievance of the appellant is that the quantum of compensation awarded by the tribunal, taking into consideration four simple injuries sustained by the claimant is on the higher side and hence, sought for modification of the judgment and award.

3. The respondent – herein filed a claim petition contending that on 06.08.2008, while he was proceeding in a motor cycle bearing registration No.KA-04/EC/9172 near B.P.C.L petrol bunk of Puttapaanadoddi on Mysore – Bangalore road, a KSRTC bus bearing No.KA-40/F/12 driven by its driver in a rash and negligent manner dashed against the motor cycle of the claimant. Due to the said impact, the claimant fell down and sustained grievous injuries. He had taken treatment in the Government Hospital, Maddur. At the time of accident, he was aged about 19 years, doing tender coconut business and was earning a sum of Rs.9,000/- per month. In view of the injury sustained, he cannot do the work as he was doing earlier. Hence, he sought for compensation of Rs.6,75,000/-.

4. After trial, the tribunal held that in view of the injury sustained, he has suffered loss of earning capacity to an extent of 10%. The tribunal assessed the income of the claimant at Rs.4,500/- per month. By taking into consideration income at Rs.4,500/- and disability at 10%,

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awarded a sum of Rs.97,200/- towards loss of future earning capacity and a sum of Rs.42,000/- under different heads. In all a sum of Rs.1,39,200/- was awarded as compensation. Being aggrieved by the compensation awarded, KSRTC filed this appeal.

5. I have carefully considered the arguments addressed by Sri F.S.Dabali, learned counsel appearing for the appellant and Sri R Pramod, learned counsel appearing for the respondent and perused the oral and documentary evidence.

6. In the road traffic accident occurred on 06.08.2008, the claimant has sustained following injuries:

• 1. abrasion over left maxilla,
• 2. abrasion over left leg over the tibia
• 3. multiplier superficial fresh abrasion over both hands and dorsal aspect.
• 4. bleeding from nose.

7. He has taken treatment in General hospital, Maddur. Thereafter, he has taken treatment at NIMHANS. The doctor who treated the claimant opined that the injuries sustained by the claimant are simple in nature. The claimant has not examined the doctor who has treated him to asses the disability sustained by him. Looking to the injuries sustained by the claimant, they are not grievous in nature and there is no fracture in any part of the body. Taking into consideration, injuries sustained and suffering undergone, I am of the opinion that this is a fit case to award global compensation of Rs.60,000/- as against Rs.1,39,000/ awarded by the tribunal.

8. Accordingly, the following:

ORDER

The appeal is allowed in part. The judgment and award passed by the tribunal in MVC No.177/2009 dated:19.04.2012 is modified and the claimant is entitled for

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global compensation of Rs.60,000/- with interest at 6% per annum, as against a sum of Rs.1,39,000/- awarded by the Tribunal.

The amount in deposit be transferred to MACT, Maddur.

SD/- JUDGE

HJ