Sri Wilson Katuri Also Called As Katuri Wilson vs The Managing Director KSRTC

This appeal is preferred by the appellant/claimant seeking enhancement of compensation, challenging the judgment and award dated 30.09.2019 passed by the XIV Additional Small Causes Judge & ACMM and Member, MACT, Bengaluru (SCCH-10) in MVC No.1994/2018.

The accident occurred on 29.01.2018 involving the KSRTC bus bearing No.KA-40-F-679. The appellant was crossing the road near Puttenahalli Milk booth, Yelahanka. At that time, the driver of the said the bus drove in rash and negligent manner and dashed the appellant. As a result, the appellant sustained fracture of left humerus. The date of accident, involvement of the vehicle, injury sustained are not in serious dispute. The tribunal has held that the accident occurred due to the actionable negligence of the driver of the offending vehicle and fastened the liability on the Respondent. The only question that arises for consideration is with regard to the quantum of compensation awarded by the Tribunal.

Learned counsel for the appellant submits that the appellant sustained fracture of shaft of left humerus and underwent treatment as an inpatient and the doctor (PW-3) assessed disability at 16% to the whole body. It is contended that the Tribunal erred in taking notional income at only Rs.7,000/- per month and in assessing whole body disability at only 8%. Further the awarded compensation under the heads of pain and suffering, loss of amenities, attendant charges and loss of future income are on the lower side and require enhancement.

Learned counsel for the respondent submitted that there is no illegality in the judgment of the tribunal and that the compensation awarded is just and reasonable and does not call for interference.

Heard the learned counsel for the parties and perused the entire material on record.

The compensation awarded by the tribunal is as under:

It is not in dispute that the appellant sustained fracture of left humerus in the accident that occurred on 29.01.2018 involving the KSRTC bus bearing No.KA-40-F-679.

The Tribunal has taken the notional income of the appellant at Rs.7,000/- per month. The accident is of the year 2018. Having regard to the age of the appellant, the nature of the claim and the guidelines usually followed, this Court is of the considered view that the notional income of the appellant has to be taken at Rs.12,500/- per month.

The Tribunal has assessed the permanent disability at 8% to the whole body. Though the doctor assessed higher disability, the assessment of 8% by the Tribunal does not call for interference having regard to the nature of injuries sustained and the disability certificate issued by the doctor. The appellant was aged about 72–74 years at the time of the accident. The appropriate multiplier is ‘5’. Accordingly, the loss of future income due to disability is re-determined as under: Rs.12,500 × 12 × 8/100 × 5 = Rs.60,000/-.

The Tribunal has awarded Rs.30,000/- towards pain and suffering. Considering the nature of the fracture and the period of hospitalization, the said amount is just and proper and is retained. The medical expenses of Rs.1,47,653/- awarded on the basis of the bills produced are retained.

The appellant would have been under rest and treatment for a period of at least one and a half months. Taking the income of appellant at Rs.12,500/- per month, a sum of Rs.18,750/- is awarded under the head of loss of income during the laid-up period.

The Tribunal has awarded Rs.5,000/- towards attendant, nourishment and conveyance charges. Having regard to the period of hospitalisation and the nature of injury, the same is enhanced to Rs.10,000/-.

The Tribunal has awarded Rs.20,000/- towards loss of amenities which is on the lower side. It would be appropriate to award Rs.30,000/- towards loss of amenities.

The amount of Rs.25,000/- awarded towards future medical expenses is just and reasonable and is retained.

Thus, the appellant is entitled to total compensation re-determined by this Court as under:

Thus, the appellant is entitled to total compensation of Rs.3,21,403/- as against Rs.2,68,253/-awarded by the Tribunal, together with interest at the rate of 6% per annum on the enhanced compensation amount from the date of petition till realization excluding future medical expenses.

As regards to liability the tribunal has rightly held that the accident occurred due to the actionable negligence of the driver of the offending vehicle and fastened the liability on him. The same has been upheld by this court.

Accordingly, this Court proceeds to pass the following: