Karnataka High Court
The Divisional Controller Nwkrtc ... vs Kumari.Laxmi D/O Ramasiddappa ... on 14 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3658
MFA No.101386 of 2016
C/W MFA No 103171 of 2015,
MFA.CROB No.100091 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.101386 OF 2016 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.103171 OF 2015
MFA CROSS OBJ NO.100091 OF 2016
IN MISCELLANEOUS FIRST APPEAL NO.101386 OF 2016
BETWEEN:
SRI. NINGAPPA RAMAPPA DASANATTI,
AGE: 25 YEARS, OCC: AGRIUCLUTURE NOW NIL,
R/O: KAITNAL, TQ: GOKAK.
DIST: BELAGAVI.
...APPELLANT
(BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
NWKRTC, BELAGAVI DIVISION,
DIST: BELAGAVI.
Digitally (OWNER-CUM-INSURER OF NWKRTC
signed by
SAMREEN
SAMREEN
AYUB
BUS NO.KA-28/F-1539)
AYUB DESHNUR
DESHNUR Date:
...RESPONDENT
2024.02.23
16:38:22
+0530 (BY SRI. I.C. PATIL, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL FILED U/S.173(1)
OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT
AND AWARD DATED 25.07.2015 PASSED IN MVC
NO.2748/2013 ON THE FILE OF THE COURT OF III ADDITIONAL
SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC-D:3658
MFA No.101386 of 2016
C/W MFA No 103171 of 2015,
MFA.CROB No.100091 of 2016
IN MISCELLANEOUS FIRST APPEAL NO. 103171 OF 2015
BETWEEN:
THE DIVISIONAL CONTROLLER,
NWKRTC BELAGAVI
BELAGAVI DISTRICT,
(OWNER-CUM-INSURER OF
NWKRTC BUS BEARING NO.KA-28-F-1539)
R/BY :THE CHIEF LAW OFFICER,
NWKRTC CENTRAL OFFICE,
GOKUL ROAD, HUBBALLI.
...APPELLANT
(BY SRI. I.C. PATIL, ADVOCATE)
AND:
KUMARI. LAXMI
D/O. RAMASIDDAPPA KANAVANPUJERI,
AGE: 4 YEARS OCC:NIL
(SINCE MINOR REPRESENTED BY
HER NEXT FRIEND FATHER)
SRI. RAMASIDDAPPA
S/O. RAMMAPPA KANAVANPUJERI,
AGE: 34 YEARS OCC: AGRICULTURE,
R/O: KAITNAL TQ:GOKAK.
...RESPONDENT
(BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE)
THIS M.F.A. IS FILED U/S.173(1) OF MOTOR VEHICLES ACT
1988, AGAINST THE JUDGMENT & AWARD DATED:25.07.2015
PASSED IN MVC.NO.2745/2013 ON THE FILE OF THE III
ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, AWARDING THE
COMPENSATION OF RS.3,16,485/- WITH INTEREST AT THE RATE
OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
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NC: 2024:KHC-D:3658
MFA No.101386 of 2016
C/W MFA No 103171 of 2015,
MFA.CROB No.100091 of 2016
IN MFA CROSS OBJ NO.100091 OF 2016
BETWEEN:
KUMARI. LAXMI
D/O. RAMASIDDAPPA KANNAVANPUJERI,
AGE: 5 YEARS, OCC: NIL,
(SINCE MINOR REPRESENTED BY
HER NEXT FRIEND FATHER
SRI. RAMASIDDAPPA
S/O. RAMAPPA KANNAVANPUJERI,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: KAITNAL, TAL: GOKAK.
...CROSS OBJECTOR
(BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
NWKRTC BELAGAVI DIVISION,
DIST: BELAGAVI.
(OWNER-CUM-INSURER OF NWKRTC
BUS NO.KA-28/F-1539)
...RESPONDENT
(BY SRI. I.C. PATIL, ADVOCATE)
THIS MFA. CROB IN MFA No.100243/2014 IS FILED
UNDER ORDER XLI RULE 22 OF CPC., AGAINST THE
JUDGMENT AND AWARD DATED 25.07.2015 PASSED IN MVC
No.2745/2013 ON THE FILE OF THE III-ADDITIONAL SENIOR
CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THESE APPEALS AND MFA. CROSS OBJECTION ARE COMING
ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
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NC: 2024:KHC-D:3658
MFA No.101386 of 2016
C/W MFA No 103171 of 2015,
MFA.CROB No.100091 of 2016
JUDGMENT
Claimant - Ningappa Ramappa Dasanatti is in appeal
challenging the validity of the judgment and award passed
in MVC No.2748/2013 dated 25.07.2015 on the file of III
Additional Senior Civil Judge and Additional MACT,
Belagavi.
2. In the very same accident, Kumari Laxmi
daughter of Ramasiddappa Kannavampujeri, aged about
two years, also suffered fracture injury. So also, Satyappa
Ramappa Kannavanpurjeri suffered injuries.
3. The facts as per the claim petition are as
under:
On 16.09.2013 when claimants were
proceeding on a motorcycle bearing No.KA-49/L-5958 near
Iranatti bus stand because of the rash and negligent
driving of the driver of the bus bearing No.KA-28/F-1539,
the claimants fell down and suffered accidental injuries.
NC: 2024:KHC-D:3658
C/W MFA No 103171 of 2015,
4. Satyappa Ramappa Kannavanpurjeri sustained
minor injuries whereas, Kumari Laxmi a minor girl,
sustained fracture injury in her leg. Ningappa Rammappa
also sustained multiple fractures.
5. Claim petition, on contest, came to be allowed
by granting sum of Rs.3,78,861/-, Rs.3,16,485/- and
Rs.2,75,563/- respectively.
6. The claimant in MVC No.2748/2013, Ningappa
Rammappa sought for enhanced compensation. KSRTC
has sought for reduction in respect of minor girl and minor
girl has also sought for enhancement of the
compensation.
7. Heard the arguments of both sides.
8. Smt.Geeta Pawar, learned counsel vehemently
contended that insofar as Ningappa Rammappa is
concerned, Tribunal has not assessed the monthly income
properly; so also, the disability factor and sought for
enhanced compensation.
NC: 2024:KHC-D:3658
C/W MFA No 103171 of 2015,
9. Sri.I.C.Patil, learned counsel supported the
quantum of compensation already awarded.
10. Insofar as minor claimant is concerned, both
KSRTC and claimants are in appeal.
11. Having heard the parties, this Court perused
the material on record meticulously.
12. On such perusal of the material on record, it is
crystal clear that the injuries sustained by the claimants
has been sufficiently established by placing necessary oral
and documentary evidence on record.
13. Insofar as minor girl - Laxmi is concerned,
Tribunal has appreciated the material evidence on record
in a proper manner, by following the dictum of Hon'ble
Apex Court in the case of Master Mallikarjun Vs.
Divisional Manager National Insurance Company
Limited and another reported in 2014 (14) SCC 396
and awarded a sum of Rs.3,00,000/- plus medical
NC: 2024:KHC-D:3658
C/W MFA No 103171 of 2015,
expenses and awarded Rs.3,16,485/- as final and
adjudged compensation, which is just and proper.
14. Hence, there is no scope for either reduction of
the compensation or enhancement of the compensation.
Accordingly, the appeals filed by KSRTC and the claimants
with regard to the injuries sustained by the minor claimant
- Laxmi needs to be dismissed.
15. Insofar as the appeal filed by Ningappa
Rammappa, who is a claimant in MVC No.2748/2013,
there is a scope for reassessment of the compensation
which is reassessed as under:
1. Loss of income due to 1,51,200/-
disability
(7,000 x 12 x 18 x 10/100)
2. Pain and suffering Rs.40,000/-
3. Medical expenses Rs.52,763/-
4. Attendant and nourishment Rs.10,000/-
charges
5. Loss of amenities Rs.20,000/-
6. Laid up period Rs.14,000/-
TOTAL Rs.2,87,963/-
16. Accordingly, following:
NC: 2024:KHC-D:3658
C/W MFA No 103171 of 2015,
ORDER
i. Appeal in MFA No.101386/2016 is allowed in
part as against sum of Rs.2,75,563/-,
claimant is entitled to a sum of
Rs.2,87,963/- with interest at 6% p.a. from
the date of petition till its realization.
ii. Appeal filed in RFA No.103171/2015 and cross
objection No.100091/2016 are dismissed.
iii. Amount in deposit is ordered to be
transmitted to Tribunal.
Sd/-
JUDGE
KAV
