Karnataka State Road Transport Corporation v. S Vinay

NC:(2026:KHC:3246( MFA(No.(4179(of(2017( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( STDATED(THIS(THE(21 (DAY(OF(JANUARY,(2026( BEFORE( ( THE(HON'BLE(MR.JUSTICE(C(M(JOSHI( ( MISCELLANEOUS(FIRST(APPEAL(NO.4179(OF(2017((MV-I)( ( BETWEEN:(( , KARNATAKA,STATE,ROAD,, TRANSPORT,CORPORATION,

MANDYA,DIVISION, I,FLOOR,,KSRTC,BUS,STAND, MANDYA,BY,ITS,, DIVISIONAL,CONTROLLER, REPRESENTED,BY,ITS,, BY,ITS,CHIEF,LAW,OFFICER, …APPELLANT, (BY,SMT.RENUKA,H,R.,ADVOCATE), AND:( ( , S.VINAY, S/O.SUDARSHAN,

AGED,ABOUT,29,YEARS, NO.,108,,SHIVAMURTHY,BLOCK, BELAVADI,

MYSURU-570,018, Digitallytisigned …RESPONDENT,by0NANDINI0R (BY,SRI,SREENIVASAN,M.Y.,,ADVOCATE),Location:0 HIGH , COURT0OF KARNATAKA , THIS, MISCELLANEOUS, FIRST, APPEAL, FILED, UNDER, SECTION, 173(1), OF, THE, MOTOR, VEHICLES, ACT,, 1988, PRAYING,TO,SET-ASIDE,THE,JUDGMENT,AND,AWARD,DATED,

21.11.2016, PASSED, IN, MVC.NO.33/2015, BY, I, ADDITIONAL, SENIOR,CIVIL,JUDGE,AND,MACT,,MANDYA.,, , THIS, APPEAL, COMING, ON, FOR, ADMISSION,, THIS, DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:,

CORAM: HON'BLE MR. JUSTICE C M JOSHI

ORAL JUDGMENT None appears for the appellant.

¶2Heard learned counsel appearing for respondent.

¶3On the last occasion also, there was no representation for the appellant. Learned counsel for respondent submits that the matter may be heard, since the respondent is deprived of the compensation amount.

¶4The present appeal is filed by the respondent assailing the judgment and award dated 21.11.2016 passed in MVC.No.33/2015 by I Additional Senior Civil Judge and MACT, Mandya (for short, 'the tribunal').

¶5The appeal memo and the grounds urged therein show that the appellant, who was the respondent before the tribunal is disputing the disability assessed by the tribunal and the income of the claimant. The records reveal that the claimant had sustained degloving injury of left leg with swelling and deformity of left leg exposing the

underlying bones, traumatic avulsion injury of left leg (knee joint to ankle joint posterior aspect), avulsion injury 3 x 3 cm over lateral malleolus of left leg, multiple abrasions over calf present over left leg. The records also reveal that he was inpatient for more than 60 days. PW.2-Doctor, who assessed the disability of the claimant, stated that there is hypo and hyper pigmented scars over left lower limb and right thigh, left leg tendoachilles contracture is present, gait is altered as left heel is lifted off, squatting with left heel pad in contact with the ground is not possible and there was restrictions on the movement of the left ankle joint. The photographs which are produced at Exs.P160 to 165 show deformity in the left leg of the claimant. On perusal of these, the disability assessed by PW.2-Doctor at 73.15% definitely translates into the functional disability to the same extent.

¶6The claimant was a Fitter and Lab Technician in an Engineering College and therefore, it definitely affects his earnings. The records to show that he has resigned the job

due to his disability. Therefore, the assessment of disability at 73.15% cannot said to be erroneous.

¶7Insofar as the income of the claimant is concerned, the tribunal has taken the same at ₹5,100/- per month. Though there is no mention as to on which document the tribunal had placed reliance to come to such conclusion, it is to be observed that the said sum of ₹5,100/- per month is far below the wages fixed under the Minimum Wages Act, 1948 for the year 2014. Therefore, no fault can be found with the conclusion of the tribunal in that regard.

¶8The claimant could have claimed a higher compensation including the future prospects. However, this Court feels that there being no appeal by the claimant, the same cannot be looked into. Therefore, this Court finds no merit in the appeal and the same is dismissed at the stage of admission itself.

The amount in deposit is ordered to be transmitted to the tribunal. The original records is also ordered to be transmitted to the tribunal.

Sd/- (C M JOSHI) JUDGE

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