Karnataka High Court
Manjunath Basavaraj Guladakoppa vs The Managing Director on 7 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2724
MFA No. 102526 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO. 102526 OF 2016 (MV-I)
BETWEEN:
MANJUNATH BASAVARAJ GULADAKOPPA,
AGE: 28 YEARS,
OCC:AGRICULTURE AND MILK VENDING,
R/O: TIMMAPUR, TAL: BAILHONGAL,
DIST:BELAGAVI-591102.
...APPELLANT
(BY SRI. SANJAY S. KATAGERI, ADVOCATE)
AND:
THE MANAGING DIRECTOR
NWKRTC, HUBBALLI,
THROUGH DIVISIONAL CONTROLLER,
NWKRTC, BELAGAVI-590002.
...RESPONDENT
SAMREEN
AYUB (BY SRI. I.C. PATIL, ADVOCATE)
DESHNUR
Digitally signed by
SAMREEN AYUB THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.
DESHNUR
Date: 2024.02.15 173(1) OF MOTOR VEHICLES ACT, PRAYING THAT, THE
13:26:44 +0530
JUDGMENT & AWARD DATED:19.01.2016, PASSED IN
MVC.NO.1824/2014 ON THE FILE OF THE VI ADDITIONAL
DISTRICT AND SESSIONS JUDGE AND MEMBER ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL BELAGAVI AND
DISMISSING THE CLAIM PETITION BE KINDLY SET ASIDE BY
ALLOWING THIS APPEAL AND AWARDING THE COMPENSATION
OF RS.3,50,000/- OR MORE THAN IT, WITH INTEREST AT 18%
BY HOLDING THE RESPONDENT HEREIN LIABLE TO PAY THE
COMPENSATION WITH COST, IN THE INTEREST OF JUSTICE
AND EQUITY.
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NC: 2024:KHC-D:2724
MFA No. 102526 of 2016
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri.Sanjay S. Katageri, learned counsel for the
appellant and Sri.I.C.Patil, learned counsel for the respondent.
2. Unsuccessful claimant is the appellant whose claim
petition came to be dismissed in MVC No.1824/2014 dated
19.01.2016 on the file VI Additional District and Sessions Judge
and Additional MACT, Belagavi.
3. Brief facts of the case which are utmost necessary
for disposal of the appeal are as under:
On 06.11.2013 at about 6.15 p.m. on Pune-Bengaluru
Road on NH4, near Timmapur village, driver of the bus bearing
No.KA-25-F-2530 drove the same in a rash and negligent
manner and dashed three she buffalos, which were gracing by
the side of the road and therefore, sought for awarding suitable
compensation.
4. The matter was contested by filing detailed written
statement. The Tribunal after taking into consideration the
place of accident and also there is a under pass provided near
NC: 2024:KHC-D:2724
place of accident for the pedestrians and villagers to cross the
Highway from one side to another and dismissed the claim
petition stating that there is no negligence on the part of the
driver of the bus.
5. The Tribunal has also taken into consideration
Section 8B of National Highways Act while dismissing the claim
of the claimant. Therefore, the claimant is in the appeal.
6. Sri.Sanjay S. Katageri, learned counsel for the
appellant reiterating the grounds urged in the appeal
memorandum vehemently contended that the place of accident
is by the side of NH-4 road and not exactly on the road and
therefore, the negligence act of the driver of the bus resulted in
death of three she buffalos and sought for awarding suitable
compensation by allowing the appeal.
7. Per contra, Sri.I.C.Patil, learned counsel for the
respondent supported the impugned judgment and sought for
dismissal of the appeal.
8. In view of the rival contentions of the parties, this
Court perused the material on record, meticulously.
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9. On such perusal of the material on record, the place
of accident as could be seen from the police records itself is on
the road which is NH-4 road i.e., near Thimmapura village.
10. The Trial Court has placed reliance on Section 8B of
National Highways Act. Same is referred to in paragraph No.10
which is culled out as under:
"8-B. Punishment for mischief by injury to national
highway- Whoever commits mischief by doing any
act which renders, or which he knows to be likely to
render any national highway referred to in sub-
section(1) of section8-A impassable, or less safe
traveling, or conveying property, shall be punished
with imprisonment of either description for a term
which may extend to five years, or with a fine, or
with both."
11. On careful reading of the material on record
especially, Section 8B of National Highways Act and the
photographs which are produced by the respondent, clearly
shows that there is a under pass that has been constructed by
the National Highway authorities for the villagers of
Thimmapura and surrounding villagers to cross the Highway
from one side of the road to other side of the road, by using
the under pass and not by crossing the road as the highway is
meant for fast moving vehicles.
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12. It is settled principles of law that high speed is not
the only criteria to adjudge the element of negligence.
13. Even though the driver of the bus is charge sheeted
by the police, the Trial Court has rightly formed an opinion that
movement of the cattle on National Highway at the place of
accident was restricted and there is a negligence on the part of
the owner of three she buffalos, which died in the road traffic
accident in allowing the buffalos to cross the road, despite
there was a under pass to cross the road from one side of the
road to another.
14. Accordingly, there is no merit in the grounds urged
in the appeal memorandum. Hence, the following:
ORDER
(i) Admission declined.
(ii) Appeal is dismissed.
(iii) No order as to costs.
Sd/-
JUDGE
KAV
