Karnataka High Court
Hanumanthappa S/O Yallappa Badiger vs Divisional Controller on 9 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3135
MFA No. 22120 of 2013
C/W MFA No. 21499 of 2013, MFA No. 22119
of 2013
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.22120 OF 2013 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.21499 OF 2013
MISCELLANEOUS FIRST APPEAL NO.22119 OF 2013
IN M.F.A. NO.22120 OF 2013
BETWEEN:
THE DIVISIONAL CONTROLLER, NEKRTC,
KOPPAL, PRESENTLY REPRESENTED
BY ITS CHIEF LAW OFFICER,
CENTRAL OFFICE, SARAGE SADAN,
KALABURAGI.
...APPELLANT
(BY SMT. VAISHALI K.KALADAGI, ADVOCATE)
BHARATHI
AND:
HM
Digitally signed
by BHARATHI H
1. SRI. THIPPANNA
M
Date: 2024.02.21 S/O. SHIVAPPA HIREHAL
11:58:02 +0530
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. MUDHOL, TQ: YELBURGA,
DIST: KOPPAL.
2. MRUTYUNJAYA
S/O. SIDDAYYA VIRAKTHIMATH,
AGE: 40 YEARS, OCC: DRIVER B.NO.305
NEKRTC YELBURGA DEPOT.
...RESPONDENTS
(RESPONDENT SERVED)
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NC: 2024:KHC-D:3135
MFA No. 22120 of 2013
C/W MFA No. 21499 of 2013, MFA No. 22119
of 2013
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) MV ACT, 1988, AGAINST THE JUDGMENT AND
AWARD DTD: 30-01-2013 PASSED IN MVC NO.11/2008 ON
THE FILE OF THE MEMBER, MACT, YELBURGA, AWARDING THE
COMPENSATION FO RS.35,000/- WITH INTEREST AT THE RATE
OF 6% P.A., FROM THE DATE OF PETITION TILL ITS
REALISATION.
IN M.F.A. NO.21499 OF 2013
BETWEEN:
SRI. HANUMANTHAPPA
S/O. YALLAPA BADIGER,
AGED ABOUT 40 YEARS,
OCC: PHOTO STUDIO AND TUTION,
R/O: MUDHOL, TQ: YELBURGA,
DIST: KOPPAL.
...APPELLANT
(BY SRI. B. SHARANABASAWA, ADVOCATE)
AND:
DIVISIONAL CONTROLLER, N.E.K.R.T.C,
KOPPAL, TQ. & DIST. KOPPAL.
...RESPONDENTS
(BY SMT. VAISHALI K.KALADAGI, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) MV ACT, 1988, AGAINST THE JUDGMENT AND
AWARD DTD: 30-01-2013 PASSED IN MVC NO.10/2008 ON
THE FILE OF THE SENIOR CIVIL JUDGE, AND MACT, YELBURGA,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC-D:3135
MFA No. 22120 of 2013
C/W MFA No. 21499 of 2013, MFA No. 22119
of 2013
IN M.F.A. NO.22119 OF 2013
BETWEEN:
THE DIVISIONAL CONTROLLER, NEKRTC,
KOPPAL, PRESENTLY REPRESENTED
BY ITS CHIEF LAW OFFICER,
CENTRAL OFFICE, SARAGE SADAN,
KALABURAGI.
...APPELLANT
(BY SMT. VAISHALI K.KALADAGI, ADVOCATE)
AND:
SRI. HANUMANTHAPPA
S/O. YALLAPA BADIGER,
AGE: 40 YEARS, OCC: BUSINESS,
R/O: MUDHOL, TQ: YELBURGA,
DIST: KOPPAL.
...RESPONDENTS
(BY SRI. B. SHARANABASAWA, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) MV ACT, 1988, AGAINST THE JUDGMENT AND
AWARD DTD: 30-01-2013 PASSED IN MVC NO.10/2008 ON
THE FILE OF THE MEMBER, MACT, YELBURGA, AWARDING THE
COMPENSATION OF RS. 1,40,000/- WITH INTEREST AT THE
RATE OF 6% P.A., FROM THE FATE OF PETITION TILL ITS
REALISATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 22120 of 2013
C/W MFA No. 21499 of 2013, MFA No. 22119
of 2013
JUDGMENT
Heard Smt.Vaishali K. Kaladagi, learned counsel and
Sri.B.Sharanabasava, learned counsel.
2. These three appeals are arising out of judgment
and award passed in MVC No.10/2008 and MVC No.11/2008
dated 30.01.2013 on the file of MACT, Yelburga.
3. Brief facts of the case are as under:
Claimants by name Sri.Hanumanthappa and Sri.
Thippanna were the rider and pillion rider of the motor cycle
bearing No.KA.25/L-5072. They met with an accident involving
bus bearing No.KA25/F-447 on 10.02.2007 at about 7.45 p.m.
near the land of Dawalsab Kallur, when they were proceeding
from Mudhol. The matter was reported to the police and police
have thorough investigation and filed charge sheet against the
driver of the bus.
4. Claim petition was resisted by filing written
statement.
5. On contest, claim petition came to be allowed in
respect of accidental injuries sustained by the
NC: 2024:KHC-D:3135
C/W MFA No. 21499 of 2013, MFA No. 22119
of 2013
Sri.Hanumanthappa in a sum of Rs.1,40,000/- and
Sri.Thippanna in a sum of Rs.35,000/-.
6. Being not satisfied with the judgment and award,
KSRTC is in Appeal in respect of both the awards in the claim
petitions whereas Sri.Hanumanthappa has sought for enhanced
compensation.
7. Smt.Vaishali K. Kaladagi, learned counsel
reiterating the grounds urged in the appeal memorandum
vehemently contended that the rider and pillion rider were in
drunken condition at the time of accident and therefore, they
dashed against the bus but police have falsely filed charge
sheet against the driver of the bus and sought for attributing
contributory negligence to the rider of the motor cycle and
sought for allowing the appeal.
8. She also contended that the assessment of the
compensation is improper and sought for allowing the appeal
by reducing the quantum of compensation.
9. Per contra, Sri.B.Sharanabasava, learned counsel
representing claimant/Sri.Hanumanthappa, who is claimant in
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C/W MFA No. 21499 of 2013, MFA No. 22119
of 2013
MVC No.10/2008 not only supported the impugned judgment
but also sought for enhanced compensation for the accidental
injuries sustained by Sri.Hanumathappa. Sri.Thimappa though
served with the notice remained absent.
10. Having heard the parties in detail, this Court
perused the material on record meticulously.
11. On such perusal of the material on record,
accidental injuries sustained by the claimants in MVC
No.10/2008 and MVC No.11/2008 involving a bus bearing
No.KA.25/F.447 on 10.02.2007 stands established. The
injuries sustained by the claimants are also mentioned in the
wound certificate.
12. Having taken note of the material on record,
Tribunal has allowed sum of Rs.1,40,000/- and Rs.35,000/-
respectively in respect of MVC No.10/2008 and MVC
No.11/2008.
13. It is the case of KSRTC that rider and pillion rider
together wherein drunken condition at the time of accident.
But there is no material on record to establish the same.
NC: 2024:KHC-D:3135
C/W MFA No. 21499 of 2013, MFA No. 22119
of 2013
Wound certificate do not depict that the injured persons were
under the influence of alcohol at the time of medical
examination.
14. Charge sheet came to be filed only against the
driver of the bus after thorough investigation. Therefore, there
is no case made out for attributing contributory negligence to
the rider of the motor cycle -Sri.Hanumanthappa, who is the
claimant in MVC No.10/2008.
15. This would take us next question as to whether the
quantum of compensation is just and proper.
16. Tribunal has not assessed compensation in a proper
manner, in case of Sri.Hanumanthappa. Tribunal has granted
attendant charges and nourishment charges and diet in a sum
of Rs.59,000/- which is unheard of. More so, when there is no
fracture at all. Tribunal did not grant any compensation on the
head of pain and suffering whereas, loss of earnings is granted
for a period of 8 months but Tribunal has also not taken into
consideration monthly income for the accidental injuries of the
year 2008, it should be construed as Rs.4,000/- in the absence
of proper proof of income. There is no disability at all, as it
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C/W MFA No. 21499 of 2013, MFA No. 22119
of 2013
could be seen from the material placed on record. There is no
fracture any way.
17. Under such circumstances, there is no scope for
enhancing the compensation.
18. Insofar as, reduction is concerned, since there is a
head injury and CT Scan shows that there was hematoma in
the skull. Therefore, maintaining quantum of compensation in
a sum of Rs.1,40,000/- for rider and for the injuries sustained
by the pillion rider in a sum of Rs.35,000/- would meet the
ends of justice.
19. Taking note of the fact that accidental injuries are
of the year, 2007. Accordingly, following :
ORDER
(i) Appeals are meritless and hereby
dismissed.
(ii) Amount in deposit is ordered to be
transmitted to the Tribunal.
Sd/-
JUDGE
