Shri Shivaji Patils/O Motiram ... vs General Manager
2022 Latest Caselaw 5326 Kant

                                      IN THE HIGH COURT OF KARNATAKA,
                                                  DHARWAD BENCH
                                  DATED THIS THE 24TH DAY OF MARCH, 2022
                                                        BEFORE
                                  THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
                                            M.F.A.No.21769/2010 (MV)
                                                       C/W
                                              M.F.A.No.21770/2010

                             IN M.F.A.No.21769/2010

                             BETWEEN:
                             1.   SMT RAJASHREE W/O RAVALNATH PATIL
                                  AGED ABOUT 34 YEARS,
                                  OCC:HOUSEHOLD, R/O TILKWADI,
                                  BELGAUM.

                             2.   KUMARI ANKITA
                                  D/O RAVALNATH PATIL,
                                  AGED ABOUT 12 YEARS, OCC STUDENT

                             3.   KUMAR YOGESH S/O RAVALNATH PATIL,
                                  A/A 10 YEARS, OCC STUDENT,
                                  R/O TILKWADI, BELGAUM,

                                  SINCE APPELLANTS NO 2 AND 3 ARE MINORS
                                  REP. BY NATURAL GUARDIAN MOTHER APPELLANT NO.1
                                                                           ...APPELLANTS
                             (BY SRI. SANJAY S KATAGERI, ADVOCATE)

          Digitally signed
          by J MAMATHA
                             AND:
J         Location:
          Dharwad
MAMATHA   Date:
          2022.04.12         1.   GENERAL MANAGER
          16:53:38 +0530
                                  MAHARASHTRA STATE TRANSPORT CORPORATION
                                  WAHATUR BHAVAN CENTRAL MUMBAI
                                  (MAHARASHTRA STATE)

                             2.   SHRI PAIRASHRAM RAVALU PATIL
                                  SINCE DECEASED
                                  REP. BY RESPONDENT No.3 WHO IS

TREATED AS HIS LEGAL REPRESENTATIVE V.C.O.04.03.2016

3. SMT LAXMIBAI PARASHARM PATIL AGED ABOUT 65 YEARS,

MFA No. 21769 of 2010 C/W MFA No. 21770 of 2010

OCC:HOUSEHOLD, R/O KADALGE, TQ CHANDGAD, DIST:KOLHAPUR.

...RESPONDENTS (BY SRI. C V ANGADI, ADV. FOR R1, R2 DECEASED, R3- SERVED AND UNREPRESENTED)

THIS MFA FILED U/S 173(3) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DTD:17-09-2009 PASSED IN MVC NO.1470/2006 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-I AND MEMBER, ADDL. MACT, BELGAUM, DISMISSING THE PETITION FILED U/SEC.166 OF IMV ACT.

IN M.F.A.No.21770/2010

BETWEEN

1. SHRI SHIVAJI MOTIRAM PATIL, S/O MOTIRAM PATIL AGE 59 YEARS, OCC NIL, R/O TILKWADI, BELGAUM.

2. SMT SUNANDA W/O SHIVAJI PATIL, AGE 55 YEARS, OCC HOUSEHOLD, R/O TILAKWADI, BELGAUM. ... APPELLANTS

(BU SHRI SANJAY S KATAGERI, ADV.)

AND

1. GENERAL MANAGER MAHARASHTRA STATE TRANSPORT CORPORATION WAHATUR BHAVAN CENTRAL, MUMBAI, MAHARASHTRA STATE.

2. SHRI PAIRASHARAM RAVALU PATIL SINCE DECEASED REP. BY RESPONDENT No.3 WHO IS TREATED AS HIS LEGAL REPRESENTATIVE V.C.O.04.03.2016

3. SMT LAXMIBAI PARASHARM PATIL AGED ABOUT 65 YEARS, OCC:HOUSEHOLD, R/O KADALGE,

MFA No. 21769 of 2010 C/W MFA No. 21770 of 2010

TQ CHANDGAD, DIST KOLHAPUR. ... RESPONDENTS

(BY SRI. C V ANGADI, ADV. FOR R1, R2 DECEASED, R3- SERVED AND UNREPRESENTED)

THIS MFA FILED U/S 173(3) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DTD:17-09-2009 PASSED IN MVC NO.1471/2006 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-I AND MEMBER, ADDL. MACT, BELGAUM, DISMISSING THE PETITION FILED U/SEC.166 OF IMV ACT.

THESE APPEALS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JU D G M EN T

These two appeals are filed challenging the dismissal of

the claim petitions.

2. M.F.A.No.21769/2010 is filed by the legal heirs of

the rider of the motorcycle - Ravalnath Patil.

3. M.F.A.No.21770/2010 is filed by the mother and

father of the pillion rider - Gajanan Pail.

4. The allegation set out in the claim petition was that

the deceased were traveling on a motorcycle and when the

motorcycle came near Belgaum - Vengurla road near Narewadi

village, it had a collision with the MSRTC bus and as a result of

MFA No. 21769 of 2010 C/W MFA No. 21770 of 2010

the collision, both the rider and the pillion rider were killed at

the spot.

5. It was the case of the claimants that the accident

occurred entirely due to the negligent driving of the bus by its

driver.

6. The Tribunal on assessment of the oral and

documentary evidence has come to the conclusion that the

accident occurred only due to the negligence of the motorcycle

rider and the motorcycle was in fact found coming on the

wrong side of the road. The Tribunal has accordingly dismissed

the claim petitions.

7. In respect of the claim petition of the rider i.e.,

Ravalnath Patil, a perusal of the sketch would indicate that the

motorcycle was virtually traveling on the wrong side of the road

when it collided with the bus. The fact that there was extensive

damage to the motorcycle coupled with the fact that there was

damage to the radiator of the bus indicates that this was a

head on collision. In the absence of any evidence to show that

the rider could not see the bus, the finding of the Tribunal

MFA No. 21769 of 2010 C/W MFA No. 21770 of 2010

regarding the negligence of the rider of the motorcycle cannot

be ruled out. However, to cast the burden entirely on the rider

of the motorcycle atleast insofar as the pillion rider is

concerned, would be grossly inequitable.

8. Admittedly, the pillion rider was not responsible for

the accident in any manner. The fact remains that the rider of

the bus sitting at an elevated position and being able to have a

clear vision of the road, he could have taken some steps to

avoid the collision. There is evidence of the conductor of the

bus which indicates that the bus was in motion and at that

point of time, at the request of the conductor, the bus had been

brought to a stop to facilitate an elderly passenger to alight

form the bus. This evidence indicates that it is quite possible

that the bus which was travelling swerved to the left and this

could have probably led the driver of the motorcycle to veer

ofcourse and collide with the bus. Having regard to the totality

of the circumstances, though the negligence can be attributed

mainly on the rider of the motorcycle, but taking into

consideration that the pillion rider was in no way responsible for

the accident and also taking into consideration that the bus was

MFA No. 21769 of 2010 C/W MFA No. 21770 of 2010

coming to the left to stop to enable an elderly gentleman to

alight from the bus, the respondent-Corporation would be liable

to the extent of 25% of the compensation that the pillion rider

would be entitled to. It is made clear that the rider of the

motorcycle shall not be entitled to any compensation from the

MSRTC.

9. As regards the monthly income, as per the income

determined by the Karnataka State Legal Services Authority, in

respect of the accident of the year 2006, the monthly income of

the deceased is to be considered as Rs.3,750/- in the absence

of any documentary evidence. The deceased was a bachelor

and hence, 50% of the said sum will have to be deducted

towards his personal expenses. Since, he was aged 21 years,

the multiplier of 18 will have to be taken. Consequently, the

claimants will be entitled to a sum of Rs.3,750 less 50% =

Rs.1,875X12X18 (Rs.4,05,000/-).

10. The claimants being the mother and father, each

would be entitled to a sum of Rs.44,000/- towards loss of

consortium.

MFA No. 21769 of 2010 C/W MFA No. 21770 of 2010

11. In all, the appellants in M.F.A.No.21770/2010 would

be entitled to the sum of Rs.4,93,000/- as compensation, out of

which the 1st respondent would be liable to the extent of 25%.

12. In view of the above, I pass the following:

ORDER

(i) M.F.A.No.21769/2010 is dismissed.

(ii) M.F.A.No.21770/2010 is allowed in part,

(iii) The Judgment and Award dated 17.09.2009 passed in MVC No.1471/2006, on the file of the Presiding Officer, Fast Track Court-I & Member, Addl. MACT, Belgaum, is hereby modified.

(iv) The claimants in M.F.A.No.21770/2010 are entitled to a total compensation of Rs.4,93,000/- with interest @ 6% p.a. from the date of claim petition till the date of deposit

(v) The compensation amount shall be payable by the 1st respondent to the extent of 25% and by respondents 2 and 3 to the extent of 75%.

(vi) The amount awarded in M.F.A.No.21770/2010 shall be disbursed in equal proportion to both the claimants.

(Sd/-) JUDGE Jm/-