Mohan. N vs The Divisional Manager/Divisional ...
2023 Latest Caselaw 9847 Kant

Karnataka High Court

Mohan. N vs The Divisional Manager/Divisional ... on 8 December, 2023

                                            -1-
                                                      NC: 2023:KHC:44600
                                                    MFA No. 2642 of 2018




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 8TH DAY OF DECEMBER, 2023

                                       BEFORE
                  THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
               MISCELLANEOUS FIRST APPEAL NO.2642 OF 2018 (MV-I)
               BETWEEN:

               MOHAN. N
               S/O K. NARAYANAGOWDA,
               AGED ABOUT 31 YEARS,
               R/AT NO.406, N.R. MOHALLA,
               11TH CROSS, MYSORE

               R/AT C/O MANIYAMMA,
               PALAHALLI VILLAGE,
               SRIRANGAPATNA TALUK,
               MANDYA DISTRICT,
               PIN: 571 405.
                                                            ...APPELLANT
               (BY SRI. BASAVARAJU M. S., ADVOCATE)
Digitally
signed by      AND:
JAI JYOTHI J
Location:
HIGH           THE DIVISIONAL MANAGER/
COURT OF
KARNATAKA      DIVISIONAL CONTROLLER,
               KARNATAKA STATE ROAD TRANSPORT
               CORPORATION,
               MANDYA DIVISION,
               MANDYA,
               PIN: 571 401.
                                                         ...RESPONDENT
               (BY SRI. M. ASHOK KUMAR, ADVOCATE)
                             -2-
                                         NC: 2023:KHC:44600
                                      MFA No. 2642 of 2018




     THIS MFA FILED U/S 173(1) OF M.V. ACT AGAINST THE
JUDGMENT AND AWARD DATED 06.01.2018 PASSED IN MVC
NO.449/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND MACT, SRIRANGAPATNA, DISMISSING THE CLAIM
PETITION FOR COMPENSATION.

     THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

This is an Appeal filed by the claimant aggrieved by

the dismissal of MVC.No.449/2016 dated 06.01.2018 on

the file of Principal Senior Civil Judge and Motor Accidents

Claims Tribunal, Srirangapatna, the claimant has appeared

before this Court.

2. The case of the claimant is that on 12.02.2016

at about 6.00 p.m., when he was driving his motor bike,

the driver of the KSRTC bus drove in a rash and negligent

manner, which resulted in the accident and the claimant

had sustained injuries. The Court below had dismissed the

claim petition by giving finding that accident had taken

place because of the negligence on the part of the

claimant and the driver of the KSRTC bus. The Court below

NC: 2023:KHC:44600

further observed that in the FIR, both the drivers of the

vehicles are shown as accused. By applying the law laid

down in LOUIS MARTIS VS. LOUIS KORREA AND

ANOTHER1 and THE DIVISIONAL MANAGER, NEW

INDIA ASSURANCE CO. LTD., VS. MOHAMMED ANIF

AND ANOTHER2, when the claimant himself was

negligent, he is not entitled for any compensation and

dismissed the claim petition.

3. Learned counsel for the claimant submits that

there is contributory negligence on part of the driver of the

KSRTC bus and the Court below ought not to have

dismissed the petition and ought to have apportioned the

same. It is submitted that without considering the

evidence, the Court below went wrong and failed to apply

the settled law to the facts of the case. It is submitted that

the Court below went wrong in dismissing the claim

petition.

ILR (2010) KAR 2600

(2013) KANT MAC 268 (KANT)

NC: 2023:KHC:44600

4. Learned counsel appearing for the respondent -

RTC submits that the Court below had rightly considered

the arguments of the Counsels and by relying on the

judgment of this Court, had rightly dismissed the claim

petition. He further submits that no grounds are made out

to interfere with the award passed by the Tribunal.

5. Having heard both the counsels on either side,

perused the entire material on record. In this case, the

Court below had given a finding that both the driver of

KSRTC bus and the claimant are responsible for the

accident. It is not in dispute that the claimant has

sustained injuries in the accident. Just because he is

arrayed as an accused in the said crime register, that

alone cannot be a ground to dismiss the claim petition.

6. In the considered opinion of this Court, the

claim petition is maintainable and the Court below has to

decide what is the negligence on part of both the drivers

and how it has to be apportioned and further what are the

NC: 2023:KHC:44600

injuries sustained by the claimant and what is the

compensation he is entitled for.

7. Accordingly, the appeal of the claimant is

allowed, judgment and award dated 06.01.2018 in

MVC.No.449/2016 is set aside and the matter is remanded

back to the Court below for consideration on the

contributory negligence and the compensation, the

claimant is entitled to.

i. Without further notice, the parties shall appear

before the Court below on 19.12.2023.

ii. Within four months from 19.12.2023, the Court

below shall decide the same by giving due opportunity to

both the parties.

iii. The Registry shall send the lower Court record

along with a copy of this order forthwith.

SD/-

JUDGE

MCR