Karnataka High Court
Mohammed Iliyaz S/O Karim Sab vs The Divisional Controller on 9 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3034
MFA No. 24183 of 2013
C/W MFA No. 100244 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.24183 OF 2013 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.100244 OF 2017
IN M.F.A. NO.24183 OF 2013
BETWEEN:
THE DIVISIONAL CONTROLLER,
NORTH-WEST DIVISION,
NWRTC HAVERI DIVISION,
MAGHAVI CHAMBER, HAVERI-581110
OWNER and SELF INSURER,
BUS NO.KA-17/F-1293,
NOW BY THE MANAGING DIRECTOR,
K.S.R.T.C, CENTRAL OFFICE,
K.H. ROAD, BANGALURU-560027,
REPRESENTED BY ITS
CHIEF LAW OFFICER.
Digitally ...APPELLANT
signed by
SAROJA (BY SRI. S.C. BHUTI, ADVOCATE)
SAROJA HANGARAKI
HANGARAKI Date:
2024.02.19 AND:
16:06:55
+0530
SRI. MOHAMMED ILIYAZ,
S/O. KARIM SAB,
AGED ABOUT 29 YEARS,
OCC: PADDY and CHUMARI BUSINESS,
AT PRESENT: NIL,
R/O and TQ: BYADGI,
DIST: HAVERI-581106.
...RESPONDENT
(BY SRI. P.G. CHIKKANARGUND, ADVOCATE FOR
SRI. M.M. KHANNUR, ADVOCATE)
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NC: 2024:KHC-D:3034
MFA No. 24183 of 2013
C/W MFA No. 100244 of 2017
THIS M.F.A. IS FILED U/S 173(1) OF MV ACT 1988, AGAINST
THE JUDGMENT AND AWARD DATED:10-04-2013 PASSED IN MVC
NO.358/2012 ON THE FILE OF ADDL. SENIOR CIVIL JUDGE AND
MEMBER, ADDL. MACT, BYADGI, AWARDING THE COMPENSATION OF
Rs.3,22,904/- WITH INTEREST AT THE RATE OF 6% P.A., FROM THE
DATE OF PETITION TILL THE DATE OF REALISATION.
IN M.F.A. NO.100244 OF 2017
BETWEEN:
SRI. MOHAMMED ILIYAZ,
S/O. KARIM SAB,
AGE: 31 YEARS, OCC: PADDY and
CHUMARI BUSINESS (NOW NIL)
R/O. BYADGI-581106, TQ: BYADGI,
DIST: HAVERI.
...APPELLANT
(BY SRI. P.G. CHIKKANARGUND, ADVOCATE FOR
SRI. M.M. KHANNUR, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
NORTH-WEST DIVISION,
NWRTC HAVERI DIVISION,
HAVERI-581110, DIST: HAVERI.
...RESPONDENT
(BY SRI. S.C. BHUTI, ADVOCATE)
THIS M.F.A. IS FILED U/S 173(1) OF MV ACT 1988, AGAINST
THE JUDGMENT AND AWARD DATED:10-04-2013 PASSED IN MVC
NO.358/2012 ON THE FILE OF ADDL. SENIOR CIVIL JUDGE AND
MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AT
BYADGI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE M.F.A., COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:3034
MFA No. 24183 of 2013
C/W MFA No. 100244 of 2017
JUDGMENT
Heard Sri.S.C.Bhuti, learned counsel for the appellant
and learned counsel for the respondent, who also filed the cross
objection.
2. For the accidental injuries sustained by the claimant -
Sri.Mohammed Illiyaz, a claim petition came to be filed in MVC
No.358/2012 dated 10.04.2013 on the file of Additional Senior
Civil Judge and Additional M.A.C.T., Byadgi, which on contest
came to be allowed in a sum of Rs.3,22,904/- as under:
A. PECUNIARY Rs. B. NON PECUNIARY Rs.
LOSS LOSS
1. FUTURE LOSS OF 1,67,904 1. PAIN AND SUFFERINGS 25,000
EARNING Acci CR-2011-KARNATAKA-
CAPACITY AND PAGE-0464
INCOME Acci CR-2011-KARNATAKA-
ACJ-2010- PAGE-0824
KARNATAKA-PAGE-
2. MEDICAL AND 0,50,000 2. LOSS OF AMENITIES 25,000
INCIDENTAL COMFORTS AND
EXPENDITURES HAPPINESS
PRESENT Acci CR-2012-KARNATAKA-
ACJ-2003-SUPREME PAGE-0331
COURT-PAGE-0012 Acci CR-2011-KARNATAKA-
PAGE-0827
Acci CR-2012-KARNATAKA-
PAGE-0464
3. MEDICAL AND 0,10,000 3. LOSS OF EXPECTANCY 25,000
INCIDENTAL OF LIFE
EXPENDITURES Acci CR-2012-SUPREME
FUTURE COURT PAGE-991
ACJ-2003-SUPREME Acci CR-2011- SUPREME
COURT-PAGE-0012 COURT - PAGE-197
Acci CR-2011-SUPREME
COURT-PAGE-699
4. TRANSPORTATION 0,10,000
NC: 2024:KHC-D:3034
5. NUTRITIOUS 0,10,000
FOOD AND
MEDICAL
ATTENDANTS
CHARGES
TOTAL 2,47,904 TOTAL 75,000
A. RS.02,47,904/- + B. 75,000/- GRAND TOTAL = RS.3,22,904/-
3. Being aggrieved by the same, KSRTC is in appeal and
claimant has sought for enhancement of compensation.
4. Sri.S.C.Bhuti, learned counsel contended that Tribunal
has grossly erred in awarding compensation as referred to
supra and also sought for attributing contributory negligence on
the part of the claimant as he was standing in the foot board of
the bus at the time of the accident and he was trying to spit the
chewed betel nut mixed with tobacco (gutka) and therefore, he
lost the balance, fell down and suffered the injuries.
5. Per contra, learned counsel for the respondent
supported the impugned judgment and sought for enhanced
compensation.
6. Having heard the parties in detail, this Court perused
the material on record meticulously.
7. On such perusal of the material on record, there is
gross error committed by the Tribunal in awarding the
compensation as referred to supra.
NC: 2024:KHC-D:3034
8. When there is an award of compensation in a sum of
Rs.50,000/- for medical and incidental expenses, there was no
necessity to again order for Rs.10,000/- for the future medical
expenditure and transportation in a sum of Rs.10,000/-.
9. Further, sum of Rs.25,000/- has been awarded for
loss of amenities and therefore, loss of expectancy of life
another Rs.25,000/- is awarded by the Tribunal is on the higher
side. More so, sum of Rs.25,000/- is awarded for pain and
sufferings.
10. Therefore, a case is made out for reassessment of
the compensation.
11. There is sufficient force in the argument put forth on
behalf of KSRTC that sum amount of contributory negligence is
to be attributed and having regard to the fact that the injured
was standing on the foot cord and by trying to spit the gutka,
he lost his balance.
12. Instead of reducing the compensation on each and
every head and also attributing contributory negligence to the
claimant, if a sum of Rs.1,22,904/- is reduced from the
quantum of compensation, ends of justice would be met.
NC: 2024:KHC-D:3034
13. As such no claim is made out to allow the cross
objection. Accordingly, appeal filed by Insurance Company
needs to be allowed, consequently, cross objection filed by the
claimant needs to be dismissed.
ORDER
(i) Appeal filed by the KSRTC in MFA
No.24183/2013 is allowed.
(ii) The quantum of compensation is reduced
from Rs.3,22,904 to Rs.2,00.000/- with
interest at 6% from the date of petition till
realisation.
(iii) Consequently, appeal filed by the claimant in
MFA Crob. No.100244/2017 is dismissed.
(iv) Amount in deposit is ordered to be
transmitted to the Tribunal.
Sd/-
JUDGE
KAV
