Managing Director KSRTC vs M. Harish <BR> M. Harish Vs Karnataka State Road Transport Corporation

N. Ananda, J.—The matters are listed for admission. The lower Court records are received. With the consent of learned Counsel for parties, they are taken up for final disposal.

MFA 5498/2009 is filed by KSRTC to set aside the impugned award, inter alia contending that KSRTC bus bearing No. KA-06-F-273 was not involved in the accident.

MFA No. 5671/2009 is filed by claimant for enhancement of compensation.

I have heard Srnt. Sumangala A. Swamy, learned Counsel for KSRTC and Sri N. Gopalkrishna, learned Counsel for claimant.

It is the contention of KSRTC on 13.08.2007 at 4.30 p.m., KSRTC bus bearing No. KA-06-F-273 was not near the place of accident. On the other hand, KSRTC bus was near Tiptur, which is almost at a distance of 60 kilometers from place of accident. The claimant has falsely implicated the bus to lodge a false claim against KSRTC.

In the objections statement: filed before Tribunal, it is stated by KSRTC that on 13.08.2007, KSRTC bus bearing No. KA-06-F-273, which was plying from Shimoga to Tumkur was scheduled to depart Shimoga at 3.30 p.m. and reach Tumkur at 7.45 p.m. On 13.08.2007 around 4 p.m., KSRTC bus was to be near Tarikere The KSRTC bus reached Tumkur at around 10.10 p.m. The KSRTC bus had reached Tumkur at 10.10 p.m. It was not possible to reach Gubbi at 4 p.m., leaving Shimoga at 3.30 p.m. In order to substantiate the same, KSRTC has relied on the evidence of R.W. 1-Ramachandrappa, driver of KSRTC bus.

The Tribunal has found fault with KSRTC for non-production of trip sheet and log sheet to prove time of departure and time of arrival of KSRTC bus at Tumkur. In the evidence by way of affidavit filed by R.W. 1, it is stated on 13.08.2007. he was the driver of KSRTC bus bearing No. KA-06-F-273. On that day at 10.30 a.m., he left Tumkur and reached Kadur by 1.30 p.m. Thereafter. R.W. 1 was expected to return to Bangalore. Therefore, R.W. 1 started off bus at 2 p.m. from Kadur and reached Tiptur at 4.30 p.m. and reached Tumkur at 7.15 p.m. RW1 has denied motor cycle in which claimant was proceeding was hit by KSRTC bus bearing No. KA-06-F-273, in from of Gangadharaiah''s Tomb at Siddharthanagar near Tumkur.

During cross-examination. R.W. 1 has not produced trip sheet or log sheet to show the time of departure of KSRTC bus at Kadur. Even otherwise, affidavit filed by R.W. 1 is contraiy to the objection statement filed by KSRTC. Therefore. Tribunal has rightly rejected the contention of KSRTC that KSRTC bus was not involved in the accident. I do not: find any grounds to interfere with the finding on this aspect.

Regarding quantification of compensation:

As a result of accident, claimant had suffered following injuries:

I. Abrasion on lateral aspect of chin

II. Punctured wound on right knee joint

III. The movements of right knee painful

IV. Comminuted intercondylar fracture of right femur

V. Comminuted fracture of right patella

VI. Fracture of right calcaneum

VII. Lacerated wound in front of right ankle with pain and swelling of right, ankle.

Today, claimant is before Court. This Court has observed present condition of claimant, the injuries indicated above. This Court has also noticed the Pevment plur cl(sic).

The claimant was treated in St. John''s Medical College and Hospital at Bangalore. The claimant, underwent operation for reduction of fractures.

As per evidence of P.W. 2-Dr. RajagopaIan and also present condition of claimant as observed by this Court (sic) claimant suffers from following disabilities:

I. The (sic) knee joint, is completely fused so also right ankle joint

II. There is discharge of sinus at right knee joint

III. The claimant walks with the help of orutches

IV. The claimant cannot walk briskly

V. The claimant cannot bear weight

P.W. 2 has assessed permanent physical disability of right lower limb at 60% and 20% with reference to whole body.

The Tribunal has awarded compensation of Rs. 2,04,804/- under following heads:

Pain and suffering: Rs. 20,000/-

Loss of amenities: Rs. 10.000/-

Medical expenses: Rs. 43.904/-

Loss of earning during treatment period: Rs. 2,500/-

Loss of earning capacity and loss of Future earnings: Rs. 1,22,400/-

Conveyance, Nourishment food and attendant charges: Rs.6,000/-

Total: Rs.2,04,800/-

As the claimant was sustaining by manual work, I determine permanent physical disability vis-a-vis loss of earning capacity at 25% and his income at Rs. 3,000/- per month. The Tribunal has not awarded adequate compensation towards "loss of amenities and enjoyment of life", "loss of earnings during laic! up period" and "pain and suffering". The Tribunal has not made provision for "future medical expenses".

In view of above discussion, compensation awarded by Tribunal is modified as following:

I. Pain and suffering: Rs. 30,000/-

II. Medical expenses: Rs. 44,000/-

III. Loss of amenities and enjoyment of life: Rs. 30,000/-

IV. Loss of partial marital prospects: Rs. 20.000/-

V. Loss of earnings dining treatment period: Rs. 12,000/-

VI. Loss of earning capacity and loss of future earnings (Rs. 3,000/- x 12 x 18 x 0.25): Rs. 1,62,000/-

VII. Attendant charges. Conveyance and Nourishment food: Rs. 10,000/-

VIII. Future medical expenses: Rs. 20.000/-

Total: Rs. 3.28.000/-

In the result, I pass the following:

ORDER

MFA No. 5498/2009 filed by KSRTC is dismissed. MFA No. 5671/2009 filed by claimant is accepted in part. The impugned award is modified. Compensation of Rs. 2.04,804/- awarded by Tribunal is enhanced to Rs. 3,28,000/-. The rest of the impugned award as it relates to rate of interest period of accrual of interest and liability of Respondent is confirmed. The payment and investment shall be in the ratio evolved by the Tribunal. The amount deposited by KSRTC in MFA No. 5498/2009 shall be transferred to Tribunal. Parties are directed to bear their costs.