Master. S Rami Reddy v. The Managing Director

Judgment and Award dated

03.03.2023 in MVC.No.231/2019 C/w. MVC No.232/2019 , passed by the XIX Additional Judge, Court of Small Causes, Bengaluru (SCCH-17)1, in respect of injuries suffered and disability sustained by minor boy, aged 09 years in an accident occurred on 22.09.2018, so also in respect of another claimant aged 67 years.

¶2The Parties are referred to as per their ranking before the Tribunal.

¶3Heard, Sri.Sreenivasaiah.A, learned counsel appearing for the claimant and Ms.Nayanashree, learned

1 'the Tribunal', for short

counsel appearing on behalf of Sri.Ashok Narayan Nayak, learned counsel for the respondent - Corporation. In MFA No.6804/2024 (MVC No.231/2019)

¶4Admittedly, the claimant in this claim petition was a minor boy aged 9 years. The law is no more res integra in view of settled position of law by the Hon'ble Supreme Court in HITESH NAGJIBHAI PATEL VS. BABABHAI NAGJIHAI RABARI AND ANOTHER2. In paragraph No.9 of the Judgment, the Hon'ble Supreme Court, has stated that the monthly income of a minor must be considered on the notional income of a person fixed in minimum wages. Further, the Hon'ble Supreme Court has considered to award Rs.3,00,000/- towards 'loss of marriage prospectus' and 'pain and suffering' at Rs.5,00,000/- and 'loss of amenities' at Rs.2,00,000/- and enhanced the compensation from Rs.8,65,000/- awarded by the High Court to Rs.35,90,489/-.

2 2025 SCC ONLINE SC 3446

¶5Having considered the peculiar facts and circumstances involved in the present case, wherein the multiple fractures resulting in confining the minor for 07 days in hospital and 23 days rest, and the doctor's evidence stating permanent neurological disability of 40%, this Court is of the opinion, if the income fixed under the chart prepared by Karnataka State Legal Services Authority, for settling the dispute before the Lok-Adalat, for the year 2018 at Rs.12,500/- per month as notional income is considered, while assessing the compensation towards loss of future income taking the disability at 25% with 40% towards future prospectus and multiplier at 15 considering the age below 15 years, as per SARLA VERMA AND OTHERS VS. DELHI TRANSPORT CORPORATION AND ANOTHER3, would meet the ends of justice. Further, looking into the injuries sustained by the minor boy and disability suffered, it definitely will take away his future marital prospectus and affect his life.

3 2009 ACJ 1298

¶6In that view of the matter, this Court is of the opinion that the compensation awarded by the Tribunal requires reconsideration and reassessment. Accordingly, this Court proceed to reassess the compensation which are as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs.

¶1Loss of future income 1,12,482-00 7,87,500-00 (12,500+40%x12x15x25%)

¶2Loss of income during laid up period 4,140-00 37,500-00 (12,500 x 3)

¶3Conveyance charges 10,000-00 60,000-00 (10,000 + 50,000)

¶4Pain and Sufferings, 1,00,000-00 2,00,000-00 (1,00,000 + 1,00,000)

¶5Loss of amenities and discomforts, food and nourishment 50,000-00 2,00,000-00 (50,000 + 1,50,000)

¶6Medical bills 25,681-00 25,681-00

¶7Loss of marriage prospectus - 3,00,000-00

TOTAL 3,02,303-00 16,10,681-00

¶7Accordingly, the minor claimant is entitled for enhanced compensation of Rs.13,08,378/- (16,10,681 - 3,02,303) rounded off at Rs.13,09,000/-, which shall carry interest at the rate of 6% per annum from the date of petition till realization.

In MFA No.6827/2024 (MVC No.232/2019)

¶8Sri.Sreenivasaiah.A, learned counsel appearing for the claimant submits that the claimant was aged 67 years, as on the date of accident suffered injuries i.e., exdradural haematoma, phemocephalus, fracture right frontal bone, greater wing of sphenoid bone, bilateral orbital lateral wall fracture, left zygome fracture and right oculomotor nerve palsy. The Tribunal in the teeth of evidence of PW.4 - Doctor on disability stating permanent neurological disability of 40%, had considered it at 30% and awarded compensation under loss of future income, which is against the medical evidence. Learned counsel further submits that the compensation awarded under each head, except 'medical bills' requires enhancement.

¶9In contrast, Ms.Nayanashree, learned counsel appearing for the Corporation submits that the Tribunal after considering the age and the injury, had properly considered the disability at 30% and awarded appropriate

compensation. As such the same does not call for any interference and sought to dismiss the appeal.

¶10Having considered the rival submissions, the evidence of the Doctor and looking into the compensation awarded under the heads, which are now sought to be enhanced, this Court is of the opinion that the compensation awarded by the Tribunal is little inadequate. In that view of the matter, this Court proceeds to re-assess the compensation, which is as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs.

¶1Loss of future income 2,25,000-00 2,25,000-00

¶2Loss of income during laid up period and one attendant charge Pain and Sufferings 49,920-00 50,000-00 (12,500x4)

¶3Conveyance charges 15,000-00 15,000-00

¶4Pain and sufferings 80,000-00 1,00,000-00 (80,000 + 20,000)

¶5Food nourishment, attendant charge, loss of amenities 50,000-00 1,10,000-00 (50,000+60,000)

¶6Medical bills 2,61,814-00 2,61,814-00

TOTAL 6,81,734-00 7,61,814-00

¶11Accordingly, the claimant is entitled for enhanced compensation of Rs.80,080/- (7,61,814 –

6,81,734), rounded off at Rs.81,000/-, which shall carry interest @ 6% per annum from the date of petition till realization.

¶12For the foregoing reasons, this Court proceed to pass the following: ORDER i. The appeals are allowed in part. ii. The common Judgment and Award dated

03.03.2023 in MVC.No.231/2019 C/w. MVC No.232/2019 , passed by the XIX Additional Judge, Court of Small Causes, Bengaluru (SCCH-17) is modified and compensation is enhanced. iii. The claimant in MFA No.6804/2024 is entitled for reassessed compensation of Rs.13,09,000/-, with 6% interest from the date of petition till realization. iv. The claimant in MFA No.6827/2024 is entitled for enhanced compensation of Rs.81,000/-, with 6% interest from the date of petition till realization.

v. The entire enhanced compensation along with accrued interest supra shall be deposited by the respondent - Corporation, within 6 weeks from the date of receipt of copy of this order before the concerned Tribunal in both the cases. vi. In MFA No.6804/2024 (MVC No.231/2019), upon deposit, out of the compensation enhanced, a sum of Rs.1,00,000/- will be released in favor of guardian of the minor to meet the incidental expenses and balance compensation shall be deposited in any interest bearing FDR with any Nationalized Bank till the claimant attains the age of majority and thereafter 5 years. vii. The Bank shall not permit any loan on the said amount without there being an order by the Tribunal/Court. viii. In MFA No.6827/2024 (MVC No.232/2019), upon deposit, the entire amount shall be released in favor of the claimant on proper identification.

ix. Trial Court records received, if any be sent forthwith to the Tribunal for further action without causing any delay. x. No order as to costs.

Sd/- (T.M.NADAF) JUDGE

TKN List No.: 1 Sl No.: 18 ct-vn

((((((((((((HC-KAR, NC:(2026:KHC:44267( MFA(No.(6804(of(2024( C/W(MFA(No.(6827(of(2024( ,,,,,,,,,, , CNR:(KAHC010590182024( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( TH DATED(THIS(THE(18 (DAY(OF(AUGUST,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(T.M.NADAF( MISCELLANEOUS(FIRST(APPEAL(NO.6804(OF(2024(MV-I)( C/W( MISCELLANEOUS(FIRST(APPEAL(NO.6827(OF(2024(MV-I)( ( IN(MFA(No.(6804/2024( BETWEEN:( (( MASTER.,S.,RAMI,REDDY,, S/O,S.,GOVINDHAREDDY,, ALIAS,S,GOVINDA,SWAMYREDDY,, AGED,ABOUT,14,YEARS,, SINCE,MINOR,, REPTD,BY,HIS,FATHER,, S.,GOVINDAREDDY,, S/O,S,SEENU,REDDY,, AGED,ABOUT,62,YEARS,, AS,NATURAL,GUARDIAN, Digitally , signedtiby RESIDING,AT:,REKHA0R Location: NO.1/75,,T.VEPANAPALLI,, High0Courttiof CHITTOOR,DISTRICT,, Karnataka ANDHRA,PRADESH., …APPELLANT, (BY,SRI.,SREENIVASAIAH,A.,,ADVOCATE), AND:( ( THE,MANAGING,DIRECTOR,, K.S.R.T.C., SHANTHINAGAR,, BANGALORE,-,560027., …RESPONDENT, (BY,MS.,NAYANA,SHREE,A.K.,,ADVOCATE,FOR, ,,,,,,SRI.,ASHOK,N.,NAYAK,,ADVOCATE), ((((((((((((HC-KAR, NC:(2026:KHC:44267( MFA(No.(6804(of(2024( C/W(MFA(No.(6827(of(2024( ,,,,,,,,,, , CNR:(KAHC010590182024( ( ( , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT,, AGAINST, THE, JUDGMENT, AND, AWARD, DATED:03.03.2023,,, PASSED,IN,MVC,NO.231/2019,ON,THE,FILE,OF,THE,MEMBER,, MACT,, XIX, ADDITIONAL, JUDGE,, COURT, OF, SMALL, CAUSES,, BENGALURU, CITY, (SCCH-17),, PARTLY, ALLOWING, THE, CLAIM, PETITION,FOR,COMPENSATION,AND,SEEKING,ENHANCEMENT, OF,COMPENSATION.,,,,, IN(MFA(NO.(6827/2024, BETWEEN:, P.,MUNIREDDY,, S/O,LATE,P.,NAGIREDDY,, AGED,ABOUT,67,YEARS,, RESIDING,AT:, DALAVAYIPALLE,,, VARTHUR,,CHITTOOR,DISTRICT,, ANDHRA,PRADESH., ...APPELLANT, (BY,SRI.,SREENIVASAIAH,A.,,ADVOCATE), AND:, THE,MANAGING,DIRECTOR,, K.S.R.T.C.,, SHANTHINAGAR,, BANGALORE,-,560,027., ...RESPONDENT, (BY,MS.,NAYANA,SHREE,A.K.,,ADVOCATE,FOR, ,,,,,,SRI.,ASHOK,N.,NAYAK,,ADVOCATE), , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT,, AGAINST, THE, JUDGMENT, AND, AWARD, DATED:03.03.2023,,, PASSED,IN,MVC,NO.232/2019,ON,THE,FILE,OF,THE,MEMBER,, MACT,, XIX, ADDITIONAL, JUDGE,, COURT, OF, SMALL, CAUSES,, BENGALURU, CITY, (SCCH-17),, PARTLY, ALLOWING, THE, CLAIM, PETITION,FOR,COMPENSATION,AND,SEEKING,ENHANCEMENT, OF,COMPENSATION.,,,, THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT These appeals are by the claimants seeking enhancement of compensation arising out of common