The Managing Director vs Sri. Venkatesh
2022 Latest Caselaw 10900 Kant

                               1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 18TH DAY OF JULY, 2022

                           BEFORE

     THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

 MISCELLANEOUS FIRST APPEAL NO.5145 of 2016 (MV-D)

BETWEEN:

       THE MANAGING DIRECTOR
       KARNATAKA STATE ROAD
       TRANSPORT CORPORATION,
       SARIGE BHAVANA, K H ROAD,
       BENGALURU-560 027.
                                            ... APPELLANT
       (BY SRI D. VIJAYA KUMAR, ADVOCATE)

AND:

1.     SRI VENKATESH
       S/O MUNIYAPPA,
       AGED ABOUT 48 YEARS.

2.     SMT. JAYAMMA
       W/O VENKATESH,
       AGED ABOUT 41 YEARS.

3.     RANJITH
       S/O VENKATESH,
       AGED ABOUT 14 YEARS,
       MINOR, REPRESENTED BY HIS
       MOTHER AND NATURAL GUARDIAN
       SMT JAYAMMA
       RESPONDENT NO.2 HEREIN.

       RESPONDENT NOS.1 TO 3 ARE
       RESIDING AT NO.63/1, V CROSS,
       NILGIRI PAPANNA BLOCK,
       SWATANTRAPALYA, SRIRAMPURAM,
       BENGALURU-560 021.
                               2



4.   SRI REVANNA SIDDAPPA PUJARI
     @ RENAVA SIDDAPPA PUJARI,
     S/O SRI HANUMANTHARAYAPPA,
     AGED ABOUT 37 YEARS,
     RESIDING AT NO.23/3,
     RAJESHWARI NAGAR, LAGGERE,
     BENGALURU-560 058.
                                              ... RESPONDENTS

     (BY SRI S.G. NATARAJU, ADVOCATE, FOR R-1 & R-2, AND
         NOTICE TO R-4 IS DISPENSED WITH VIDE ORDER
         DATED 7-4-2002)

                            ***

     THIS   MISCELLANEOUS   FIRST   APPEAL   IS   FILED   UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE
JUDGMENT AND AWARD DATED 10-3-2016 PASSED IN M.V.C.
NO.1768 OF 2014 ON THE FILE OF THE XXII ADDITIONAL SMALL
CAUSES JUDGE & XX A.C.M.M. & MEMBER M.A.C.T., BENGALURU,
AWARDING A COMPENSATION OF RS.11,69,000/- WITH INTEREST @
6% PER ANNUM FROM THE DATE OF PETITION TILL DEPOSIT.

     THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FURTHER ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:


                      JUDGMENT

Heard the learned counsel appearing for the appellant-

Corporation and the learned counsel appearing for the

respondents-claimants.

2. The appellant-Corporation is in appeal challenging

the judgment and award dated 10-3-2016 passed by the XXII

Additional Small Causes Judge and XX Additional Chief

Metropolitan Magistrate & Member Motor Accident Claims

Tribunal, Bengaluru, in M.V.C. No.1768 of 2014.

3. In terms of the judgment and award,

compensation of Rs.11,69,000/- is awarded with interest at

the rate of 6% per annum. Liability is fastened on the

appellant. The appellant has filed this appeal challenging the

liability, quantum as well as negligence.

4. It is the contention of the learned counsel for the

appellant that the accident involved two vehicles. The

appellant is challenging the liability on the ground that the

driver of the Tata Indica car was negligent in causing the

accident. The learned counsel for the appellant would also

submit that this Court in Miscellaneous First Appeal No.5140

of 2016 has dismissed the appeal filed by the appellant on

13-7-2018 upholding the liability fastened on it by the

Tribunal. Under the circumstances, there is no merit in the

contention of the appellant to say that the driver of the Tata

Indica car was not responsible for the accident.

5. This Court has considered the compensation

awarded by the Tribunal. The accident occurred in the year

2014 in which a 22 years old boy died and his income was

assessed at Rs.7,000/- per month the Tribunal has added

50% towards future prospects instead of 40%. However, it is

also to be noticed that the income assessed by the Tribunal is

on the lower side compared to what is provided in the chart

prepared by the Karnataka State Legal Services Authority.

Therefore, there is no need to interfere with the impugned

judgment and award passed by the Tribunal. Hence, the

following:

ORDER

The appeal is dismissed. The impugned judgment and

award dated 10-3-2016 passed by the XXII Additional Small

Causes Judge and XX Additional Chief Metropolitan

Magistrate & Member Motor Accident Claims Tribunal,

Bengaluru, in M.V.C. No.1768 of 2014 is confirmed.

Amount in deposit shall be transmitted to the Tribunal

for disbursement.

Sd/-

JUDGE

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