Karnataka High Court
Sri K Ravi Kumar @ Ravi vs The Managing Director on 4 July, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:25365
MFA No. 2939 of 2021
C/W MFA No. 3557 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
MISCELLANEOUS FIRST APPEAL NO. 2939 OF 2021 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 3557 OF 2020(MV-I)
IN M.F.A.2939/2021:
BETWEEN:
SRI K. RAVI KUMAR @ RAVI
S/O KRISHNAPPA
AGED ABOUT 27 YEARS
NO.99 BALLA MULABAGAL TALUK
KOLAR - 563 1321.
...APPELLANT
(BY SRI P. MAHADEVASWAMY, ADV.)
AND:
THE MANAGING DIRECTOR
K.S.R.T.C, DOUBLE ROAD
SHANTHINAGAR
BANGALORE - 560 001.
...RESPONDENT
Digitally
signed by (BY SRI B. PALAKSHAIAH, ADV.)
NANDINI MS
Location:
HIGH COURT THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
OF JUDGMENT AND AWARD DATED 23.12.2019 PASSED IN MVC
KARNATAKA
NO.2125/2018 ON THE FILE OF THE C/C OF XX ADDITIONAL SMALL
CAUSES JUDGE AND XVIII ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE AND MEMBER, MACT, BENGALURU CCH-22 PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING
ENHANCEMENT OF COMPENSATION.
IN M.F.A.3557/2020:
BETWEEN:
THE MANAGING DIRECTOR
KSRTC, SARIGE BHAVANA
K.H. ROAD, SHANTHINAGAR
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NC: 2024:KHC:25365
MFA No. 2939 of 2021
C/W MFA No. 3557 of 2020
BANGLAORE - 560 027
NOW REP BY CHIEF LAW OFFICER.
...APPELLANT
(BY SRI B. PALAKHAIAH, ADV.)
AND:
K. RAVI KUMAR @ RAVI
S/O KRISHNAPPA
AGE 27 YEARS
R/A #99, BALLA MULLABAUL TQ
KOLAR - 563 131.
...RESPONDENT
(BY SRI P. MAHADEVASWAMY, ADV.)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.23.12.2019 PASSED IN MVC
NO.2125/2018 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES
JUDE AND XVIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
AND MACT, BENGALURU (SCCH-22), AWARDING COMPENSATION OF
RS.12,73,522/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE
OF PETITION TILL THE DEPOSIT.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
MFA No.2939/2021 is filed by the claimant for enhancement of compensation whereas MFA No.3557/2020 is filed by the KSRTC against fastening liability and quantum of compensation under Section 173(1) of Motor Vehicles Act, 1988 challenging the -3- NC: 2024:KHC:25365 MFA No. 2939 of 2021 C/W MFA No. 3557 of 2020 judgment and award dated 23.12.2019 passed in MVC No.2125/2018 by XX Addl. Small Causes Judge and XVIII ACMM & MACT, Bengaluru, (hereinafter referred to as the 'Tribunal').
2. Heard the arguments of learned counsel appearing for the appellant and learned counsel appearing for respondent.
3. The case of the petitioner / claimant is that he has filed a claim petition under Section 166 of Motor Vehicles Act claiming compensation of Rs.10,00,000/- for the injury sustained by him in the road traffic accident. It is alleged by the claimant that on 11.03.2018 at about 9.30 p.m, he was riding his motorcycle bearing registration No.KA-07-S-4439 on Mulbagal-Nangali NH-74 road When he reached near KSRTC depot, Seegenhalli, at that time, all of a sudden KSRTC bus bearing registration No.KA-07-F-1683 drove by its driver in a rash and negligent manner with a high speed and all of a sudden he -4- NC: 2024:KHC:25365 MFA No. 2939 of 2021 C/W MFA No. 3557 of 2020 took right turn towards KSRTC depot. As a result, back portion of the said bus dashed to the petitioner's vehicle and he fell down and sustained injury. Hence, he filed a claim petition claiming compensation.
4. In response to notice, the respondent - KSRTC appeared through its counsel by denying the rash and negligent driving of the driver of the KSRTC bus, the injury sustained by the claimant, the age, occupation and income of the claimant and accordingly prays for dismissal of the claim petition.
5. Based on the pleadings, the Tribunal has framed following issues:
"1. Whether the petitioner proves that, on 11.03.2018 at about 9.30 p.m, while he was proceeding in a two wheeler bearing registration No.KA-07-S-4439, near KSRTC Depot, Segenahalli, NH-75 Highway Road, Kolar, suddenly the driver of KSRTC bus bearing registration No.KA-07-F-1683, driven the same in a high speed, rash and negligent manner dashed against him and caused -5- NC: 2024:KHC:25365 MFA No. 2939 of 2021 C/W MFA No. 3557 of 2020 accident, resulting which he sustained grievous injuries?
2. Whether the petitioner is entitled for compensation? If so, to what extent and from whom?
3. What order or decree?"
6. The claimant in order to prove his case examined himself as PW.1 and also examined two more witnesses as PWs.2 and 3 and got marked 13 documents as Ex.P1 to P13. On the other hand, respondent - driver of the KSRTC bus examined himself as RW1 and got marked one document as Ex.R.1
7. After hearing the arguments, the Tribunal allowed the petition in part and awarded compensation of Rs.12,73,522/- together with interest 6% per annum, which is under challenge by both the side.
8. Learned counsel appearing for the appellant contended that the Tribunal has erred in granting lesser compensation as the petitioner is still under treatment -6- NC: 2024:KHC:25365 MFA No. 2939 of 2021 C/W MFA No. 3557 of 2020 very recently. He submits that the petitioner has further taken treatment in the hospital. Three times he has admitted in the hospital and has spent more than 2.50 lakhs towards medical expenses. Therefore, he has filed I.A. under Order 41 Rule 27 R/w Section 151 of CPC along with documents and prays to allow I.A, as well as enhancement of compensation.
9. Per contra, learned counsel for respondent / KSRTC also contented that the Tribunal already granted Rs.1,00,000/- towards future medical expenses apart from medical expenses of Rs.2,57,522/- and medical bills does not accompanied with the medical prescriptions issued by the doctor and therefore, it is not possible to consider these documents for the purpose of calculating medical expenses and also contended that the Tribunal has committed an error in holding there is no negligence on part of the rider of the motorcycle, which is not correct. As per Ex.P3 - IMV report there is damage to the front side of the bus and front side of the motorcycle whereas the -7- NC: 2024:KHC:25365 MFA No. 2939 of 2021 C/W MFA No. 3557 of 2020 claimant's case was the damage occurred on the backside of the bus but not front side of the bus which has not properly appreciated by the Tribunal. Hence, prays for allowing the appeal by setting aside the liability.
10. Having heard the arguments it reveals that there is no dispute that the accident has occurred on 11.03.2018 at about 9.30 p.m, As per pleadings, claimant was behind the bus when the bus was running in high speed and all of a sudden took right turn due to which motorcycle dashed to the bus. Ex.P2 - mahazar reveals that there is scratch found on the backside of the bus whereas Ex.P3 - IMV report reveals that front side bottom body of the bus was scratched. This aspect was not properly considered by the Tribunal and there is necessity to give fresh finding on issue No.1. The respondent has not examined IMV inspector who conducted the inspection on vehicles and also no independent witness was examined. The petitioner was admitted to hospital thrice from 25.02.2021 to 06.03.2021 and once again admitted -8- NC: 2024:KHC:25365 MFA No. 2939 of 2021 C/W MFA No. 3557 of 2020 on the same date i.e. on 06.03.2021 to 04.06.2021. Thereafter, again admitted to hospital on 19.10.2022 to 28.10.2022. Therefore, it is necessary for the petitioner to produce documents such as medical records along with prescriptions issued by the doctor before the Tribunal which is subject to verification and cross-examination of other side. Medical bills were not accompanied with the prescriptions. The petitioner is still under treatment. Therefore, the petitioner requires time to obtain disability certificate and in this regard he has also filed I.A. under Order 41 Rule 27 R/w 151 of CPC along with additional documents. Such being the case, I am of the view that the matter is required to be considered afresh in accordance with law. Hence, I proceed to pass the following:-
ORDER
i) The appeals are allowed in part.
ii) The impugned judgment and award dated 23.12.2019 in MVC No.2125/2018 passed by XX Addl.
Small Causes Judge and XVIII ACMM & MACT, Bengaluru is -9- NC: 2024:KHC:25365 MFA No. 2939 of 2021 C/W MFA No. 3557 of 2020 set aside as regards issue No.1 as well as claim of compensation, medical expenses and disability. The matter is remanded to the Tribunal for fresh consideration, in accordance with law.
iii) Both the parties are given liberty to adduce evidence, both oral and documentary.
iv) The Tribunal is directed to dispose of the matter within six months from the date of receipt of a copy of this judgment.
v) The parties shall appear before the Tribunal on 05.08.2024 without awaiting any further notice.
vi) All contentions of the parties are kept open.
vii) Registry is directed to transmit the TCR along with copy of this judgment and also I.A.No.1 filed under Order 41 Rule 27 R/w Section 151 of CPC along with documents to the Tribunal, forthwith.
viii) The amount in deposit is ordered to be transferred to the Tribunal forthwith.
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NC: 2024:KHC:25365 MFA No. 2939 of 2021 C/W MFA No. 3557 of 2020
ix) No order as to costs.
Sd/-
JUDGE NMS