Venkatesh v. Ramappa Kuloor

NC:(2026:KHC:15236( MFA(No.(6096(of(2014( ( , ,,HC-KAR( ( ( (

IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(13 (DAY(OF(MARCH,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(C.M.(POONACHA( MISCELLANEOUS(FIRST(APPEAL(NO.(6096(OF(2014((MV-I)( ( BETWEEN:((

( VENKATESH, S/O,LATE,ARMUGAM,,

AGED,ABOUT,41,YEARS,, OCC:,COOLIE, R/O,HOSAPETE,,,

DEVADANA,VILLAGE,, CHIKMAGALUR,TALUK,AND,DISTRICT,577101., ,

…APPELLANT, (BY,SRI.,VINOD,GOWDA,,ADVOCATE), ,

AND:( ( Digitally 1., RAMAPPA,KULOOR, signedtiby S/O,LAKSHMAPPA,KULOOR,,NIRMALA AGED,ABOUT,34,YEARS,,DEVI DRIVER,OF,KSRTC,Location: HIGH0COURT R/O.,SODI,, OF RONA,TALUK,, KARNATAKA GADAG,DISTRICT,583201., ,

2., THE,DIVISIONAL,CONTROLLER,KSRTC, CHIMAGALUR,DIVISION,, CHIKMAGALUR,577101., , …RESPONDENTS, (BY,SMT.,RADHA,B,P,,ADVOCATE,FOR,R2, ,NOTICE,TO,R1,IS,DISPENSED,WITH,V/O,DTD,21.01.2015),

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.06.2014 PASSED IN MVC NO.368/2012 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, MACT, CHIKMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

¶1The present appeal is filed by the claimant being dissatisfied with the quantum of compensation awarded vide judgment and award dated 23.06.2014 passed in MVC No.368/2012 on the file of the I Additional District Judge, MACT, Chikmagalur1. The Tribunal partly allowed the claim petition and awarded a total compensation of `1,24,000/- together with interest at 6% p.a.

¶2The finding of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only

1 hereinafter referred to as 'Tribunal'

question that is to be adjudicated in the present appeal is the adequacy of the quantum of compensation.

¶3Heard submissions of the learned counsel for the appellant - claimant and the learned counsel for the second respondent - corporation.

¶4The claimant was aged 39 years as on the date of the accident i.e., as on 07.03.2012. He was stated to be a coolie. However, no documents have been produced to demonstrate his income. The Tribunal has not assessed his income. Hence, the notional income of the claimant having regard to the date of the accident is assessed as `7,000/- p.m.

¶5The wound certificate (Ex.P7), discharge summaries (Exs.P40 to 42), summary sheet (Ex.P44) and other material on record indicate that the claimant sustained crush injury over the right side of the forehead extending to the right orbit and right maxilla; right frontal contusion and right eye ball injury. The claimant was treated at Araluguppe Mallegowda District Hospital, Chikmagalaur, as an inpatient from 07.03.2012 and sent to NIMHANS for higher/better treatment. The medical

records indicate that he was treated as an inpatient at NIMHANS from 08.03.2012 to 16.3.2012 and that he underwent surgery on 08.03.2012. The photographs (Ex.P42) indicates the suture marks on the head of the claimant.

¶6It is clear that the claimant has sustained grievous head injuries. However, no doctor has been examined. The discharge summary issued by NIMHANS discloses that the claimant underwent a fronto temporal craniotomy medical procedure which is a neurosurgical procedure (surgery). Since the claimant has not examined a doctor, the Tribunal has awarded compensation on the lower side. However, having regard to the medical evidence that is available on record it is clear that the claimant has sustained grievous head injury and he has taken treatment for a long time.

¶7Keeping in mind the aforementioned, it is just and proper to re-assess the compensation awarded towards pain and agony in a sum of `1,00,000/- as against `50,000/- awarded by the Tribunal.

¶8The Tribunal has noticed that the claimant has produced medical bills of `22,000/-. In addition to the same, the Tribunal has awarded `10,000/- towards special diet, `5,000/- towards conveyance and `1,000/- towards attendant charges. Having regard to the nature of injuries sustained and the period of treatment, it is just and proper to award a total sum of `50,000/- towards medical and other incidental expenses.

¶9Having regard to the nature of injuries sustained and the period of treatment, the laid-up period is taken as 6 months and accordingly, a sum of (`7,000/-x6) `42,000/- is awarded towards the same as against `16,000/- awarded by the Tribunal.

¶10Although, no doctor was examined, the Tribunal has awarded a sum of `20,000/- towards loss of amenities. However, it is just and proper that the same be enhanced as `30,000/-.

¶11Accordingly, the compensation is re-assessed as follows:

Sl.No. Heads Amount awarded by the Tribunal (`) Amount awarded by this Court (`)

¶1Pain and agony 50000.00 100000.00

¶2Medical expenses, special diet and conveyance 38000.00 50000.00 Loss of amenities 20000.00 30000.00

¶4Loss of income during laid up period 16000.00 42000.00

Total 124000.00 222000.00

¶12Hence, the claimant is entitled for enhanced compensation of (`2,22,000/- – `1,24,000/-) `98,000/-.

¶13In view of the aforementioned, the following: ORDER

i) The appeal is allowed in part;

ii) The judgment and award dated 23.06.2014 passed in MVC No.368/2012 on the file of the I Additional District Judge, MACT, Chikmagalur, is modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered;

iii) The claimant is entitled to enhanced compensation of `98,000/- with interest at 6% per annum from

the date of petition till its realization, in addition to the compensation awarded by the Tribunal;

iv) Respondent No.2 - Corporation shall deposit the said compensation together with accrued interest within a period of six weeks;

v) After deposit, the entire enhanced compensation with accrued interest shall be disbursed to the claimant digitally after proper identification;

vi) The Registry to draw the modified award accordingly;

vii) Records be transmitted to the Tribunal forthwith;

viii) No costs.

Sd/- (C.M. POONACHA) JUDGE BS/ND List No.: 1 Sl No.: 17