w w w . L a w y e r S e r v i c e s . i n



Rajendra v/s The Divisional Controller KSRTC, Kolar


Company & Directors' Information:- RAJENDRA LIMITED [Strike Off] CIN = U99999KA1943PLC000306

    M.F.A. No. 3074 of 2016 (MV)

    Decided On, 09 March 2018

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE B.A. PATIL

    For the Appellant: M. Suresha, Advocate. For the Respondent: D. Vijaykumar, Advocate.



Judgment Text

(Prayer: This MFA is filed under Section 173(1) of the MV Act against the judgment and award dated 17.11.2015 passed in MVC No.455/2013 on the file of the Principal Senior civil Judge & CJM & MACT, Kolar, partly allowing the claim petition for Compensation and seeking enhancement of Compensation.)

1. The present appeal has been preferred by the appellant-claimant being aggrieved by the judgment and award passed by the Prl. Senior Civil Judge and MACT at Kolar, in MVC No.455/2013 dated 17.11.2015.

2. Heard. Appeal is admitted and with the consent of the learned counsel appearing for the parties, the same is taken up for final disposal.

3. The brief facts of the case are that on 5.6.2013 at about 9.30 a.m. petitioner was proceeding on a motorcycle bearing Registration No.KA.07 K.8389 and when he came near Thumatagere village, a KSRTC bus bearing Registration No.KA.07 F.1175 came from opposite direction and dashed to the motorcycle on which the petitioner was proceeding and as a result of the same he fell down and sustained grievous injuries. Immediately he was shifted to R.L.Jalappa hospital, Kolar and thereafter he was shifted to Hosmat Hospital, Bengaluru, wherein he was admitted and he has been treated to the injuries suffered by him.

4. It is the contention of the petitioner that he was working as a labourer and was earning Rs.15,000/- per month, because of the injuries now he is not in a position to work as before. Hence, the petitioner has filed a petition under Section 166 of the Motor Vehicles Act claiming compensation.

5. In pursuance of the notice, respondent- Corporation appeared and filed its written statement contending that the driver of the said bus was driving with cautiously and carefully and the driver stopped the bus forcibly and the rider of the motorcycle without observing the on coming bus drove his motorcycle rashly and negligently and dashed to the bus. It is also contended that the rider of the motorcycle was not holding effective and valid driving licence and on these grounds he prayed for dismissal of the said petition.

6. On the basis of the above pleadings, the Tribunal framed the following issues:

1. Whether the petitioner proves that he had sustained injuries in the accident due to the rash and negligent act of the driver of KSRTC bus bearing Registration No.KA.07 F.1175 which occurred on 5.6.2013 at about 9.30 a.m. near Thumatagere village on Bangarpet-Budhikote Main Road?

2. Whether petitioner is entitled for compensation? If so, from whom and how much?

3. What relief?

7. In order to prove the case of the petitioner, petitioner got himself examined as PW1 and Dr.Krishan Prasad came to be examined as PW2 and got marked the documents Exs.P1 to P19. The respondent got examined as RW1 and no documents were marked. After hearing the parties to the lis, the impugned judgment and award came to be passed. Assailing the same, the appellant-claimant is before this Court.

8. It is the contention of the appellant-claimant that the compensation awarded is not adequate and sufficient. It is further contended that the injuries suffered by the appellant-claimant was serious in nature and there is even likelihood of the amputation of the leg. He further contended that there is shortening of 4" of the right lower limb. The said aspect has not been considered and appreciated by the Tribunal. He further contended that the Doctor who came to be examined as PW2 has categorically stated in his evidence that for the purpose of future surgeries an amount of Rs.2,50,000/- is required, but the Tribunal has not awarded any compensation for future medical expenses. He further contended that the doctor has assessed the disability to the extent of 79% to a particular lower limb and 27% to the whole body, but the Tribunal has erroneously took 20% disability and assessed the compensation on the lower side. He further contended that the Tribunal has not awarded any compensation under the head of loss of income during the laid up period. On these grounds he prayed for allowing the appeal by enhancing the compensation.

9. Per contra, the learned counsel appearing on behalf of the respondent-Corporation vehemently argued by contending that the compensation awarded is adequate and just. The doctor who came to be examined is not trustworthy and reliable. The doctor's in his evidence has deposed that for the purpose of future surgeries it requires an amount of Rs.2,50,000/-. He has further contended that the compensation assessed by taking 20% disability is already on the higher side. If 1/3rd of the disability have been taken , then under such circumstances, it will be less than 20%. In that light the compensation awarded is just and proper and the same requires to be confirmed.

10. The accident in question is not in dispute so also involvement of the offending vehicle insured with the respondent insurer.

11. As could be seen from the judgment and award, it indicates that the claimant has suffered shattered comminuted intra articular, fracture of right femur, type III open shattered fracture-right tibia and fibula with a large wound and severe contamination and severe degloving fracture-right patella and he was admitted to Hosmat Hospital on 5.6.2013 and discharged on 27.7.2013. Even the records clearly indicate the major wound debridement, cross leg flap and major split skin grafting was done and division of cross leg flap was done.

12. In order to prove the disability, PW2 came to be examined and in his evidence he has assessed the disability to the extent of 79% to the lower limb and 27% to the whole body. Though the appellant- claimant contended that he was working as a labourer and earning Rs.15,000/- per month, to substantiate the said fact, no document has been produced. In the absence of documents, keeping in view the evidence of the doctor, the Tribunal by taking the notional income at the rate of Rs.6,000/- per month and by taking the disability to the extent of 20% has awarded an amount of Rs.2,59,200/- towards loss of future income.

13. Though under the normal circumstances the said compensation appears to be justifiable, admittedly the accident is of the year 2013 and during that particular period, the notional income of Rs.8,000/- is the yardstick which is even used to be adopted for settlement of cases before the Lok- Adalath and even by taking the disability to the extent of 20% as taken by the Tribunal and if the compensation is re-assessed, then under such circumstances, the appellant-claimant is entitled to Rs.3,45,600/- towards loss of future income.

14. Even as could be seen from the judgment and award the compensation awarded under the head of pain and sufferings appears to be on the lower side. In the light of the injuries suffered and the period of treatment, I feel that if additional Rs.10,000/- is awarded, it would meet the ends of justice and also another Rs.10,000/- is awarded under the head of attendant, nourishment and diet.

15. Even as could be seen from the judgment and award no compensation has been awarded under the head of loss of income during the laid up period and also no compensation has been awarded for loss of future medical expenses. Even as could be seen from the records though the doctor PW2 in his evidence has deposed that for the future surgeries the claimant is required an estimated cost of Rs.2,50,000/-, what is the nature of operation, how and in what manner the said expenses are going to be incurred has not been specifically elicited from the mouth of the said doctor. Even on perusal of the evidence of doctor it clearly goes to show that he has given that amount approximately without there being any proper prescription. In that light, I feel, if an amount of Rs.20,000/- is awarded for future medical expenses, it would meet the ends of justice and even the record indicates that the claimant has been admitted on 5.6.2013 and discharged on 27.7.2013 and during that particular period he must have lost some income. In that light, an a

Please Login To View The Full Judgment!

mount of Rs.24,000/- is awarded under the head of loss of income during the laid up period. 16. Taking into consideration the above said facts and circumstances, the appellant-claimant is entitled to a total compensation of Rs.7,89,600/-. Since already the Tribunal has awarded an amount of Rs.6,39,200/-, after deducting the same, the appellant-claimant is entitled to an additional compensation of Rs.1,50,400/- with 6% interest. 17. Accordingly, the appeal is allowed in part and the judgment and award passed in MV No.455/2013 is modified as indicated above. 18. The respondent-Corporation is directed to deposit the compensation awarded by the Tribunal and additional compensation awarded by this Court with up-to-date interest within a period of six weeks from the date of receipt of copy of this order. The Registry is directed to draw the award accordingly.
O R







Judgements of Similar Parties

30-06-2020 Union Bank of India, Through Shri R. Rajendra Prasad, Branch Manager, Raichur Versus M/s. Tirumala Enterprises, Raichur National Consumer Disputes Redressal Commission NCDRC
18-06-2020 Rajendra Singh & Others Versus National Insurance Company Limited & Others Supreme Court of India
26-05-2020 Rajendra Kumar & Others Versus Raj Kumar High Court of Judicature at Allahabad
14-05-2020 Rajendra Kumar Chandrol Versus High Court of Madhya Pradesh
18-03-2020 State of M.P. & Others Versus Rajendra Kumar Sharma High Court of Madhya Pradesh Bench at Gwailor
18-03-2020 Ritesh Rajendra Thakur Versus State of Maharashtra Through its Secretary, Tribal Development Department & Another High Court of Judicature at Bombay
17-03-2020 Rajendra & Others Versus The State of Maharashtra In the High Court of Bombay at Aurangabad
16-03-2020 Satish Kumar Khandelwal V/S Rajendra Jain & Others High Court of Madhya Pradesh Bench at Indore
12-03-2020 Rajendra & Others Versus The State of Maharashtra In the High Court of Bombay at Aurangabad
24-02-2020 Manaj Tollway Private Limited Versus Rajendra Rahane Superintending Engineer & Others High Court of Judicature at Bombay
19-02-2020 Rajendra K. Bhutta Versus Maharashtra Housing and Area Development Authority & Another Supreme Court of India
13-02-2020 Life Insurance Corporation of India Through Its Zonal Manager, Life Insurance Corporation Of India, New Delhi Versus Rajendra Sudamrao Shinde & Another National Consumer Disputes Redressal Commission NCDRC
10-02-2020 Rajendra Versus Jugalkishor & Others In the High Court of Bombay at Nagpur
17-01-2020 Rajendra Mishra Versus State of Bihar & Others High Court of Judicature at Patna
17-01-2020 Sanjiv Rajendra Bhatt Thro Shweta Sanjiv Bhatt Versus State of Rajasthan High Court of Gujarat At Ahmedabad
17-01-2020 Rajendra Saxena & Another Versus Sharda Ratnam & Another High Court of Judicature at Bombay
16-01-2020 Rajendra Kumar Verma & Another Versus Dolly Rani Bag & Others National Consumer Disputes Redressal Commission NCDRC
10-01-2020 Harendra Ramchandra Pathak Versus Rajendra Ratan Mhatre High Court of Judicature at Bombay
06-01-2020 Dr. N. Rajendra Prasad & Others Versus Lingampally Srinivas & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
06-01-2020 Rajendra Kumar Khera & Others Versus U.P. Awas Vikas Parishad & Another National Consumer Disputes Redressal Commission NCDRC
26-12-2019 Rajendra Girdhar Patel Versus State Of Gujarat & Others High Court of Gujarat At Ahmedabad
10-12-2019 Rajendra Diwan Versus Pradeep Kumar Ranibala & Another Supreme Court of India
03-12-2019 Rajendra Singh Tomar & Others Versus State of Uttarakhand Through Secretary & Others Supreme Court of India
02-12-2019 Ajit Rajendra Bhagwat & Others Versus The State of Maharashtra, Through its Secretary, Higher and Technical Education Mantralaya & Others High Court of Judicature at Bombay
02-12-2019 Sathi Khurana Versus Rajendra Singh Khurana High Court of Judicature at Calcutta
28-11-2019 Balasaheb Govind Basugade Versus Rajendra Shivaji Kumthekar & Others High Court of Judicature at Bombay
20-11-2019 Jaihind Sahakari Pani Purvatha Mandali Ltd. Shirdhon, Kolhapur Versus Rajendra Bandu Khot & Others High Court of Judicature at Bombay
02-11-2019 Rajendra Prasad Versus Sikkim University & Others High Court of Sikkim
25-10-2019 K. Rajendra Prasad & Others Versus State of Andhra Pradesh & Others High Court of Andhra Pradesh
11-10-2019 New India Assurance Co. Ltd. Versus Rajendra Kumar & Another Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
25-09-2019 Kalpana Rajendra Kothari & Others Versus Santosh Arvind Jangam & Another In the High Court of Bombay at Aurangabad
11-09-2019 Krushna Shivaji Patil Versus Parmanand Rajendra Patil & Another In the High Court of Bombay at Aurangabad
05-09-2019 M/s. Sugesan Transport Pvt. Ltd., Rep. by its Director, Kanthibai Rajendra Sheth Versus M/s. E.C. Bose & Company Private Limited, Kolkata & Others High Court of Judicature at Madras
03-09-2019 Raju @ Rajendra Versus State of U.P. High Court of Judicature at Allahabad
16-08-2019 Rajendra Mahadeorao Chaudhary Versus Gajanan Keshavrao Bore In the High Court of Bombay at Nagpur
06-08-2019 Rajendra Kumar Goyal & Another Versus South City Project (Kolkata) Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
06-08-2019 Rajendra Pandit Versus Union of India, Through the Secretary Ministry of Communication, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
05-08-2019 Rajendra Versus The State of Maharashtra & Others In the High Court of Bombay at Aurangabad
30-07-2019 N. Rajendra Reddy Versus The Block Development Officer, Sholingur Panchayat Union, Vellore District & Others High Court of Judicature at Madras
29-07-2019 Rajendra Versus Vikas & Others In the High Court of Bombay at Aurangabad
29-07-2019 Rajendra Versus Gopinath In the High Court of Bombay at Aurangabad
26-07-2019 Rajendra Agarwal & Others Versus State of U.P. & Another High Court Of Judicature At Allahabad Lucknow Bench
22-07-2019 Rajendra Prasad Sharma Versus M/s. Hartin Harris Ltd. High Court of Judicature at Calcutta
18-07-2019 Sujan Bhabani Prasad Chatterjee & Another Versus Rajendra Kumar Singh & Another High Court of Judicature at Bombay
08-07-2019 C. Rajendra Prasad Versus The Tamil Nadu State Legal Services Authority, Rep. by its Member Secretary, Chennai & Others High Court of Judicature at Madras
05-07-2019 Rajendra Versus The State of Maharashtra Through its Secretary, Tribal Development & Others In the High Court of Bombay at Aurangabad
04-07-2019 Rajendra Kumar through Nisar Mohammad Versus The State of Madhya Pradesh High Court of Madhya Pradesh
01-07-2019 Rajendra Shivsing Chanda & Others Versus Additional Commissioner, Amravati Division & Others In the High Court of Bombay at Nagpur
17-06-2019 Rajendra Kumar Versus The State of Bihar & Others High Court of Judicature at Patna
30-04-2019 Siddesh Tours and Travels (Prop.Shri Rajendra Ramdas Yerandekar) Versus The Commissioner of Service Tax Mumbai VII Commissionerate High Court of Judicature at Bombay
23-04-2019 Dr. P. Rajendra Prasad Versus The State of Telangana, rep by its Special Chief Secretary, Health, Medical & Family Welfare Department & Others High Court of for the State of Telangana
18-04-2019 Sant Kejaji Maharaj Smruti & Another Versus Rajendra Deoraoji Raut & Others In the High Court of Bombay at Nagpur
15-04-2019 Rajendra Singh & Others Versus State of Madhya Pradesh High Court of Madhya Pradesh Bench at Gwailor
09-04-2019 Raju @ Rajendra Dashrath Khaire & Another Versus The State of Maharashtra & Another In the High Court of Bombay at Aurangabad
29-03-2019 Rajendra Versus State of Maharashtra & Another In the High Court of Bombay at Nagpur
28-03-2019 Rajendra Kumar Goyal Versus The State of West Bengal & Others High Court of Judicature at Calcutta
26-03-2019 Rajendra R. Vishwakarma Versus The State of Maharashtra High Court of Judicature at Bombay
13-03-2019 Rajendra Vitthal Bahirat & Another Versus Prakash Ramchandra Girame High Court of Judicature at Bombay
28-02-2019 Rajendra Chawla & Others Versus Chandra Prakash Chabda & Others High Court of Chhattisgarh
15-02-2019 National Federation of Fishers Cooperatives Ltd., Through its Managing Director & Another Versus Rajendra Singh & Others High Court of Delhi
12-02-2019 Ashruba Dhondiba Gade Versus Rajendra Shankar Sut & Others In the High Court of Bombay at Aurangabad
12-02-2019 Hiteshkumar Rameshbhai Patel Versus Rajendra Mataprasad Yadav High Court of Gujarat At Ahmedabad
12-02-2019 Rajendra Singh Negi Versus State of Uttarakhand & Others High Court of Uttarakhand
31-01-2019 Rajendra Lalitkumar Agrawal Versus Ratna Ashok Muranjan & Another Supreme Court of India
24-01-2019 Rajendra Sharma Versus State of Rajasthan Through PP. High Court of Rajasthan Jaipur Bench
23-01-2019 Rajendra Sharma Versus Union Of India Through Chairman, Railway Board, Ministry of Railways, New Delhi & Others High Court of Chhattisgarh
14-01-2019 Rajendra Pundlikrao Deore & Others Versus The State of Maharashtra, through Secretary ? Coo-peration & Marketing Dept. & Others High Court of Judicature at Bombay
11-01-2019 Rajendra Kumar Bagaria Versus State of Jharkhand through Central Bureau of Investigation & Another High Court of Jharkhand
10-01-2019 Rajendra Prasad Pal & Another Versus State of U.P.Thru. Prin Secy Deptt of Basic Edu & Others High Court Of Judicature At Allahabad Lucknow Bench
09-01-2019 Veer Rajendra Rajput Versus State of Chhattisgarh High Court of Chhattisgarh
07-01-2019 B. Rajendra Kumar Versus The Airport Authority of India, New Delhi, Represented by Its Chairman & Others High Court of Kerala
07-01-2019 Rajendra Versus State of Karnataka High Court of Karnataka
02-01-2019 Rajendra Prasad Rao Versus Heavy Engineering Corporation Limited, Dhurwa, Ranchi High Court of Jharkhand
12-12-2018 Rajendra Pralhadrao Wasnik Versus State of Maharashtra Supreme Court of India
12-12-2018 Sant Shankar Maharaj Ashram Trust, Pimpalkhuta, through its Secretary, Rajendra Versus State of Maharashtra, through Secretary Social Justice & Special Assistance Department & Others In the High Court of Bombay at Nagpur
07-12-2018 State Transport Co-op. Credit Society Ltd. Versus Rajendra Sudhakar Mahalpure High Court of Judicature at Bombay
29-11-2018 Rajendra Ramakant Vedpathak Versus Tarvidersingh Harbansingh Popali & Others High Court of Judicature at Bombay
02-11-2018 Rajendra Kumar Versus State of Rajasthan High Court of Rajasthan Jodhpur Bench
01-11-2018 Rajendra Prasad Singh & Others Versus The State of Bihar & Others High Court of Judicature at Patna
01-11-2018 M/s. RA Chem Pharma Limited, Rep. by its Managing Director, J. Rajendra Rao & Another Versus State of A.P. Rep. by the Public Prosecutor & Others High Court of Andhra Pradesh
30-10-2018 Shrikant & Rajendra Vilas Choudhary Versus The State of Maharashtra High Court of Judicature at Bombay
26-10-2018 Jonnalgadda Rajendra Prasad/Edukondalur RP & Others Versus Sri Yogananda Lakshmi Narasimhaswami Vari Temple, Rep. by its Single Trustee-cum-hereditary Archaka, Parasaram Lakshmi Vara Prasad, Avanigadda In the High Court of Judicature at Hyderabad
23-10-2018 Rajendra Singh Versus State of Uttar Pradesh Supreme Court of India
19-10-2018 Kallinath Shivyogi Dhange Versus Rajendra @ Apparao Mdhukarrao Vedpathak & Others In the High Court of Bombay at Aurangabad
10-10-2018 Pankaj @ Pintu Rajendra Marve Versus State of Maharashtra In the High Court of Bombay at Nagpur
08-10-2018 A. Rajendra & Others Versus The State, Represented by The Deputy Superintendent of Police, Tiruchendur & Others Before the Madurai Bench of Madras High Court
20-09-2018 Rajendra Singh Versus State of U.P. & Others High Court of Judicature at Allahabad
14-09-2018 Hemant Kumar Jalan & Others Versus Rajendra Bajoria & Others High Court of Judicature at Calcutta
10-09-2018 Khomdram Rajendra Singh Versus The Union of India, Rep. by its Secretary, Government of India, Ministry of Telecommunication, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
07-09-2018 Rajendra Dagdulal Bafna & Others Versus The State of Maharashtra & Another In the High Court of Bombay at Aurangabad
05-09-2018 Shivaraj V/S Rajendra and Others. Supreme Court of India
03-09-2018 Rajendra Kumar Hirawat & Another Versus Acit Non Corporate Circle 9 (1) Income Tax Appellate Tribunal Chennai
29-08-2018 Swatantra Arora Versus Rajendra Kumar Bali High Court of Delhi
20-08-2018 Rajendra Kumar Mishra Versus State of Madhya Pradesh High Court of Madhya Pradesh
20-08-2018 Rajendra Singh Verus State of U.P. High Court of Judicature at Allahabad
14-08-2018 Rajendra Prasad Versus B.H. Krishna High Court of Karnataka
11-08-2018 Rajendra Kumar Versus C.T. Chitra High Court of Judicature at Madras
09-08-2018 Rajendra Chaturvedi Versus Geeta Ojha High Court of Jharkhand
08-08-2018 Madhavrao Ramchandra More, Since deceased through his LRs. & Others Versus Rajendra Sahakari Griha Nirman Sanstha Maryadeet & Others High Court of Judicature at Bombay
03-08-2018 Rajendra Kumar Sugandhi Versus Indore Municipal Corporation & Others High Court of Madhya Pradesh Bench at Indore