The Divisional Controller, Nwkrtc North West Division vs Shivappa

Mr. B. Manohar, J.—The Divisional Controller, NWKRTC, North West Division, Hubballi has filed this appeal challenging the judgment and award made in MVC No. 285/2014 passed by the Additional Senior Civil Judge & AMACT, Ranebennur (hereinafter referred to as ''the Tribunal'' for short) fastening liability on them to compensate the claimant.

The respondent herein filed a claim petition contending that on 07.01.2013, while he was travelling in Ape passenger auto bearing Reg.No KA-27/A-6360 from Ranebennur-Halageri road, near upper Tunga channel, the NWKRTC bus bearing Reg.No.KA-29/F-763 driven by its driver in a rash and negligent manner, dashed against the said Ape passenger auto. Due to the said impact, the claimant sustained grievous injuries. Immediately after the accident, he was shifted to the Government Hospital, Ranebennur and took first aid treatment and then he was shifted to the Government Hospital, Harihar, wherein he took treatment as an inpatient for a period of 15 days and spent more than Rs. 20,000/- towards medical expenses and another sum of Rs. 20,000/- for follow up treatment. Due to the injuries sustained in the accident, he could not do the work, which he was doing prior to the accident. Hence, he filed claim petition seeking compensation of Rs. 4,45,000/- with interest at 12% p.a.

In response to the notice issued by the Tribunal, appellant-NWKRTC filed written statement denying the entire averments made in the claim petition and alleged that the accident occurred due to the contributory negligence on the part of the driver of the Ape passenger auto. The owner of the vehicle was not made party to the proceedings and the claim petition is liable to be dismissed on the ground of non-joinder of necessary parties and sought for dismissal of the claim petition.

The Tribunal after appreciating the oral and documentary evidence let in by the parties and taking into consideration the MVI report, wound certificate, spot panchanama and copy of the complaint held that, due to the actionable negligence on the part of the driver of the NWKRTC bus, the accident occurred and the claimant was entitled for the compensation. With regard to the quantum of compensation is concerned, in the accident, the claimant has sustained compression fracture of L2 vertebra and fracture of left radius bone. The fracture of left radius was treated with POP cast. The doctor who treated the claimant assessed the disability to an extent of 35% to the particular limb. The Tribunal determined the disability to an extent of 8% to the whole body. Though the claimant claimed that he was earning Rs. 10,000/- p.m.. no document has been produced in this regard. In the absence of any cogent material, the Tribunal determined the income of the claimant at Rs. 6,000/- p.m. As on the date of the accident, the claimant was aged about 35 years and the appropriate multiplier would be 16. The Tribunal taking into consideration the income of the claimant as Rs. 5,000/- p m., disability to an extent of 8% and applying the multiplier of ''16'', awarded a sum of Rs. 92,160/- towards loss of future earning capacity. The Tribunal has also awarded a sum of Rs. 35,000/- towards pain and suffering, Rs. 1,000/- towards medical expenses, Rs. 6,000/- towards conveyance, diet, extra nourishment charges, food and attendant charges and Rs. 5,000/- towards loss of amenities and enjoyment of life.

In all, a sum of Rs. 1,45,160/- has been awarded by the Tribunal with interest at 7% p.a. Being aggrieved by the judgment and award passed by the Tribunal, the appellant-NWKRTC has preferred this appeal.

I have carefully considered the arguments addressed by Sri. S.C. Bhuti, learned counsel appearing for the appellant and perused the impugned judgment and award and other relevant records.

The occurrence of the accident on 07.01.2013, due to rash and negligent driving of the NWKRTC bus by its driver is not in dispute. However, the case of the appellant-NWKRTC is that there was a contributory negligence on the part of the driver of the Ape passenger auto. The evidence of the driver of the NWKRTC bus and the claimant clearly disclose that, while the Ape passenger auto proceeding on the Ranebennur-Halageri road, near upper Tunga channel, the NWKRTC bus came from hind side of the said auto and dashed against the right of the auto. Due to the said impact, the auto toppled and claimant sustained injuries. Hence, the Tribunal held that, due to rash and negligent driving of the NWKRTC bus by its driver, the accident occurred and there is no negligence on the part of the driver of the auto.

With regard to the quantum of compensation, the accident occurred in the year 2013 and the monthly income of the claimant taken by the Tribunal at Rs. 6,000/- is just and proper. The claimant has sustained compression fracture of L2 vertebra and fracture of left radius bone and the fracture of left radius was treated with POP cast. The doctor who treated the claimant has assessed the disability 10 an extent of 35% to the particular limb. The Tribunal taken the disability to an extent of 8% to the whole body. Taking into consideration the income of the claimant as Rs. 6,000/- p.m., disability to an extent of 8% and applying the multiplier of ''16'', awarded the compensation of Rs. 92,160/- towards loss of future earning capacity, which is just and proper. The compensation awarded under other heads is also just and reasonable. I find no illegality or irregularity in the judgment and award passed by the Tribunal. No case is made out by the appellant to interfere with the judgment and award passed by the Tribunal. Accordingly, the appeal is dismissed.

The amount in deposit shall be transferred to the Additional Senior Civil Judge and AMACT, Ranebennur for disbursement.