Karnataka State Road Transport ... vs Sri C K Rabid Shareel
2024 Latest Caselaw 4766 Kant

Karnataka High Court

Karnataka State Road Transport ... vs Sri C K Rabid Shareel on 16 February, 2024

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                                                        NC: 2024:KHC:6750
                                                     MFA No. 7577 of 2016




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 16TH DAY OF FEBRUARY, 2024

                                       BEFORE
                      THE HON'BLE MR JUSTICE C.M. POONACHA
              MISCELLANEOUS FIRST APPEAL NO. 7577 OF 2016 (MV-DM)
             BETWEEN:

             1.    KARNATAKA STATE ROAD TRANSPORT
                   CORPORATION LTD
                   BANGALORE CENTRAL DIVISION,
                   K.H.ROAD, SHANTHINAGAR,
                   BANGALORE-560027.
                   REPRESENTED BY ITS DIVISIONAL CONTROLLER,
                   NOW THROUGH CHIEF LAW OFFICER,
                   KSRTC, BANGALORE.
                                                               ...APPELLANT
             (BY SRI. NAGARAJA K., ADVOCATE)

             AND:

             1.    SRI C K RABID SHAREEL
                   S/O LATE KUNJLAN KUTTI,
                   AGED ABOUT 30 YEARS,
Digitally          R/AT CHEMBAIEL HOUSE,
signed by
BHARATHI S         PUDUPADI POST, KOZIKODE,
Location:          KERALA STATE-673003.
HIGH COURT
OF
KARNATAKA    2.    THE NEW INDIA ASSURANCE CO.LTD.
                   KANNUR BRANCH,
                   NO.963/2, SDHOO BUILDING,
                   NEAR MUNICIPAL BUS STAND,
                   KANNUR, KERALA-670001.
                                                          ...RESPONDENTS
             (BY SRI. C R RAVISHANKAR., ADVOCATE FOR R2
              NOTICE TO R1 IS DISPENSED WITH V/O DTD 7.12.2023)

                  THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
             JUDGMENT AND AWARD DATED 20.6.2016       PASSED IN MVC
             NO.4427/2013 ON THE FILE OF THE 9TH ADDITIONAL SMALL
             CAUSES JUDGE, 34TH ACMM, COURT OF SMALL CAUSES, MEMBER,
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                                                         NC: 2024:KHC:6750
                                                      MFA No. 7577 of 2016




MACT-7, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

                                        JUDGMENT

The above appeal is filed by the KSRTC challenging the

judgment and award dated 20.6.2016 passed in MVC

No.4427/2013 by the IX Additional Small Causes and

Additional MACT, Bangalore (SCCH-7)1.

2. For the sake of convenience, the parties herein

are referred as per their rank before the Tribunal.

3. The KSRTC filed a claim petition before the Tribunal

seeking compensation towards damages to the vehicle. The

Tribunal by its judgment and award dated 20.6.2016 has

awarded a sum of `11,725/- with interest at 8% p.a. Being

dissatisfied with the quantum of compensation the present

appeal is filed.

4. It is forthcoming that the KSRTC to justify the

expenses incurred has produced Ex.P4 - Accident Vehicle Job

Card which discloses that the material cost is `14,968/- and the

Hereinafter referred to as the 'Tribunal'

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labour cost is `6734/-. The Tribunal while awarding the

material cost has deducted 1/3rd towards depreciation. The

said deduction of 1/3rd by the Tribunal is unsustainable having

regard to the fact that the parts have been replaced and the

entire cost of the parts is required to be granted.

5. Learned counsel for the KSRTC has vehemently

contended that the claim made by it towards loss of business is

required to be granted. The Tribunal has rejected the claim

made by the KSRTC towards loss of business.

6. It is forthcoming from Sections 70 and 72 of the

Motor Vehicles Act, 1988, that while granting stage carriage

permit the holder of the permit is required to keep reserve

vehicle/s to maintain the service. Having regard to the same,

the claim made by the KSRTC towards loss of business is

unsustainable.

7. Further, this Court in the case of North - West

Karnataka Transport Corporation v. Mrs.V.V.G.N.Prasad

Gupta2 after, in detail noticing the various statutory provisions

as well as various judgments has held that the KSRTC is not

Judgment dated 5.12.2023 passed in MFA No.23362/2012 c/w matters

NC: 2024:KHC:6750

entitled for compensation towards loss of revenue/idling

charges.

8. Accordingly, the KSRTC is entitled to a total

compensation (`14968/- + `6734/-) `21,702/- as against

`11,723/- awarded by the Tribunal. Hence, the KSRTC is

entitled to a further sum of `9,979/-, which is rounded off to

`10,000/- together with interest at 6% pa.

9. In view of the aforementioned, the following order

is passed:

ORDER

i) The above appeal is allowed in part;

ii) The judgment and award dated 20.6.2016 passed in MVC No.4427/2013 by the IX Additional Small Causes and Additional MACT, Bangalore (SCCH-7) is modified to the extent stated herein. In all other respects the judgment and award passed by the Tribunal remains unaltered;

iii) The KSRTC is entitled to an enhancement of `10,000/- together with interest at 6% pa., from the date of petition till its realization, in addition to the compensation awarded by the Tribunal;

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iv) The second respondent - insurer is directed to deposit the said compensation together with accrued interest within a period of eight weeks from the date of receipt of a copy of this judgment;

v) Registry to draw the modified decree accordingly;

No costs.

Sd/-

JUDGE

ND