High Court Karnataka High Court

Ramappa vs The Managing Director Ksrtc on 1 December, 2009

Karnataka High Court
Ramappa vs The Managing Director Ksrtc on 1 December, 2009
Author: V.Gopalagowda And B.V.Nagarathna
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

Dated: 1st day of December, 2009

Present

HON'BLE Mr. JUSTICE V. GOPALA Gowns} 'V .

HON'BLE Mrs. JUSTICE B.V.NAGA_RA7.{'1'_iNA--._: .

M.F.A No. 3078/2eo4fM}g"«.rr '1   "
BETWEEN   *  

Sri.RAMAPPA,

S/QSRLVENKATAPPA,

AGE 53 YEARS, OCC:NIL,    V

R/O.GUDIPALLI, PATAPALYA POST; _  .,

BAGEPALLITALUK,  ~      

KOLAR DISTRICT. -- _  : '"--fg.__.jAPPELLANT

(By Smt. SUNI'1'HV}"3.H.=:_ADV.,»'F'OR"'  .. _

Sri. SURESH  E;AT"UR,= A1:>\__z.}1j-- . A 

THE MANAGING .DIREdCTCV)'I'R,"
K H ROAD, sHAN'1H_INAGAR-
BANGAL0312E--'560 027..  _____ H _  RESPONDENT

{By  SHARIF, ADV.)

-000-

 M._F;iA is filed under Section 173(1) of M.V. Act against
_ _vV"the.rgJudsgmeni: 81 Award dated 5/ 12/2003 passed by the MACT,
 'Bafxg._slQre"':City, in M.V.C.No.3999/2001.

T1115 M.F.A coming on for hearing before the Court this day,

A apex:-hearing, Nagarathna, J delivered the fo110w1'ng:»--

&<



2
JUDGMENT

The correctness of the judgment and award dated 5-12-2003
passed by the MACE’, Bangalore City, in MVC No.3999/ is

called in question by the injured claimant in this appeal. “.2 ”

2. The facts that are no longer in dispute V’

2001 at about 12-30 p.m the claimant sustained road 22

traffic accident involving KSRTC bus in

respect of the said injuries, he filed-..the Aclaini seeking’-2

compensation under various,headsp.d….The same Was..Acon§tested by
the respondent. On the basis-of_tlie. on record, the

Tribunal assessed comvpens-ation:”: of ~ and after

deducting awarded a sum of
Rs.41,600/- annum from the date of claim
petition til].realisa’tion.’ ..l3eingla.ggrieved by the same the claimant
hals”preferred.”this appeal} “”” ” if

the learned counsel for the appellant and

oi,.,,.,.«the learned for the respondent Corporation and perused

.. the’ material on record.

4,_ lflfhe following points would arise for our consideration in

2 h 2′ appeal: –

i) Whether the Tribunal was justified in deducting 50%
of the compensation towards contributory negligence

of the claimant?

ii) Whether the appellant is entitled

compensation?

5. From the material on record it.Vist.selenl’that

claimant was getting down from he.__sustainé.§1″‘injnries,l”

which aspect of the matter is the… rcisponcient
Corporation. However, the Driver of the bus
did not have knowledge of the was a passenger
and in the abS€IjiCE’.§LQl” to stop the bus.
since he didvynot would be getting down.
Be that as that the accident occurred on
account of user l V

6. into’ consideration the fact that the claimant was

alightirig.,eA.the.”bus, we are of the View that the driver and

conductor._VyofvV’th’ev».hus”Vhave to be cautious in letting him to get

fro1h*the:hus: particularly when the Conductor is responsible

the safety and security of the passengers. Further,

“not pleading nor evidence on the part of the respondent

vlcorporation to justify the fact that there was cpntributory

9%

aw’

negligence on the part of the claimant. Therefore, we are of the

View that the Tribunal was not justified in apponioningfi”‘50%

towards the contributory negligence on the part

claimant. Hence, Point (1) is answered in favour of ”

7. As far as enhancement of compensation;is-:conc.erned, it

is seen from the records that the appellant

fracture of both bones of right foreigann and—-rew_”asllltreated by V

open reduction and internal fixationgwithle;:te’rnal fii<ato1""'for radius
and rush nail for the rightlfl Krishna
examined in the matterglhas :72"/0 disability of
right upper limb. hyasmrightly assessed the
whole body disability:'at:'1i15%;-::Hoyvev'er3…vi;hi1e calculating the loss
of earning capacity, taken the monthly income at
Rs.1800/– only; which side. Considering the fact
thatthe accjidverit «$3001, a sum of Rs.3,000/ — per month

shall be the nlotio–niai.yincome of the claimant. In respect of 25%

disabilityljlbyl multiplier 8, the future loss of earning

Vviyclalpacity is as:se'ss';ed at Rs.72,000/– instead of Rs.-43,200/–

by th'e:'l'ribunal. Similarly, the compensation on other

,4

«.hea_'c1s arealso enhanced as under:–

Pain and Suffering Rs.25,000
Loss of amenities 30,000

Medical expenses 8:

Incidental charges 15,000 ‘

Loss of income during treatment ‘

Loss of future earning capacity -1’ _
Total: 1,:-57’*,000~.

The enhanced compensation shall carrggr interest at 06% .anjnurn’= 0

from the date of petition till realisation_.u’f.__

8. The respondent Corporationf.sshaIl;de«posit the enhanced
compensation with interest of flourlweekts from the

date of receipt of_ _o1’~.t4hisi the same shall be

released to i’n~terms of the Award of the
Tribunal.

9. For theaafovresaiid’relasons, the appeal is partly allowed in

the above iierrns.

sd/-

JUDGE .

Sd/~
JUDGE

0. *