Karnataka High Court
The General Manager vs Dadasaheb Dastgirsaheb on 16 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:1285
MFA.CROB No. 100026 of 2014
C/W MFA No. 24338 of 2013, MFA No. 24339
of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MFA CROSS OBJ NO.100026 OF 2014 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO.24338 OF 2013
MISCELLANEOUS FIRST APPEAL NO.24339 OF 2013
IN MFA CROSS OBJ NO.100026 OF 2014
BETWEEN:
DADASAHEB DASTAGIRSAB KAZI @ MULLA
AGE: 68 YEARS, OCC: NOW NIL
R/O. KILLA TORGAL TALUKA RAMADURG
NOW RESIDING AT: MACHE
TALUKA AND DISTRICT: BELAGAVI.
...CROSS OBJECTOR
(BY SMT. SHAILA BELLIKATTI, ADVOCATE)
AND:
1. THE GENERAL MANAGER
KSRTC, SHANTI NAGAR, K.H. DOUBLE ROAD
BANGALURU THROUGH ITS DIVISIONAL CONTROLLER
Digitally signed
by SAMREEN
NWKRTC BELAGAVI DIVISION, BELAGAVI.
AYUB
DESHNUR
Date: 2024.02.01
2. THE DEPUTY GENERAL MANAGER
15:36:44 +0530
KSRTC, SHANTI NAGAR, K.H. DOUBLE ROAD,
INTERNAL INSURANCE FUND
BANGALURU THROUGH ITS DIVISIONAL CONTROLLER
NWKRTC BELAGAVI DIVISION, BELAGAVI.
...RESPONDENTS
(BY SRI. MADANMOHAN M.KHANNUR, ADVOCATE FOR R1;
SRI. R.R. MANE, ADVOCATE FOR R2)
THIS MFA CROB IN MFA No.24339/2013 IS FILED UNDER
ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND AWARD
DATED 01.08.2013 PASSED IN MVC No.2530/2003 ON THE FILE OF
THE MEMBER MACT-I AND PRINCIPAL DISTRICT JUDGE, BELAGAVI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC-D:1285
MFA.CROB No. 100026 of 2014
C/W MFA No. 24338 of 2013, MFA No. 24339
of 2013
IN M.F.A. NO.24338 OF 2013
BETWEEN:
1. THE GENERAL MANAGER,
KSRTC, SHANTI NAGAR,
K.H. DOUBLE ROAD, BANGALURU
THROUGH ITS DIVISIONAL CONTROLLER,
NWKRTC, BELAGAVI DIVISION, BELAGAVI.
2. THE DEPUTY GENERAL MANAGER,
KSRTC, SHANTI NAGAR, K.H. DOUBLE ROAD,
INTERNAL INSURANCE FUND,
BANGALURU THROUGH ITS DIVISIONAL CONTROLLER
NWKRTC, BELAGAVI DIVISION, BELAGAVI.
...APPELLANTS
(BY SRI. MADANMOHAN M.KHANNUR, ADVOCATE)
AND:
1. SHRI. DADASAHEB DASTGIRSAHEB KAZI @ MULLA
AGE: 68 YEARS,
R/O. KILLA TORGAL.
2. KHUTEJABI W/O. DADASAB KZI @ MULLA,
AGE: 65 YEARS, OCC: HOUSEHOLD WORK,
3. MEHABUBSAHEB S/O. DADASAB KAZI @ MULLA,
AGE: 30 YEARS, OCC: NIL,
4. DASTAGIRSAB S/O. DADASAB KAZI @ MULLA,
AGE: 29 YEARS, OCC: NIL,
5. IMAMHUSAIN DADASAB KAZI @ MULLA,
AGE: 28 YEARS, OCC: NIL,
ALL ARE RESIDENTS OF KILLA TORGAL,
TQ: RAMDURGA, NOW RESIDING AT MACHE,
TQ. AND DIST. BELAGAVI.
6. THE SENIOR DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
KCC BUILDING J.C. NAGAR, HUBLI,
THROUGH THE SENIOR DIVISIONAL MANAGER,
CLUB ROAD, BELAGAVI.
...RESPONDENTS
(BY SMT. SHAILA BELLIKATTI, ADVOCATE FOR R1-R5;
SRI. R.R. MANE, ADVOCATE FOR R6)
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NC: 2024:KHC-D:1285
MFA.CROB No. 100026 of 2014
C/W MFA No. 24338 of 2013, MFA No. 24339
of 2013
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD
DATED 01.08.2013 PASSED IN MVC No.2531/2003 ON THE FILE OF
THE MEMBER MACT-I AND PRINCIPAL DISTRICT JUDGE, BELAGAVI,
AWARDING THE COMPENSATION OF RS.2,70,000/- WITH INTEREST
AT THE RATE OF 6% P.A., FROM THE DATE OF FILLING THE
PETITION TILL REALISATION.
IN M.F.A. NO.24339 OF 2013
BETWEEN:
1. THE GENERAL MANAGER,
KSRTC, SHANTI NAGAR,
K.H. DOUBLE ROAD, BANGALURU
THROUGH ITS DIVISIONAL CONTROLLER,
NWKRTC, BELAGAVI DIVISION, BELAGAVI.
2. THE DEPUTY GENERAL MANAGER,
KSRTC, SHANTI NAGAR,
K.H. DOUBLE ROAD,
INTERNAL INSURANCE FUND,
BANGALURU THROUGH ITS DIVISIONAL
CONTROLLER NWKRTC,
BELAGAVI DIVISION, BELAGAVI.
...APPELLANTS
(BY SRI. MADANMOHAN M.KHANNUR, ADVOCATE)
AND:
SHRI. DADASAHEB DASTGIRSAB KAZI @ MULLA,
AGE: 68 YEARS,
R/O. KILLA TORGAL, TQ. RAMDURGA,
NOW RESIDING AT MACHE,
TQ. AND DISTRICT. BELAGAVI.
...RESPONDENT
(BY SMT. SHAILA BELLIKATTI, ADVOCATE FOR R1)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD
DATED 01.08.2013 PASSED IN MVC No.2530/2003 ON THE FILE OF
THE MEMBER MACT-I AND PRINCIPAL DISTRICT JUDGE, BELAGAVI,
AWARDING THE COMPENSATION OF RS.20,000/- WITH INTEREST AT
THE RATE OF 6% P.A., FROM THE DATE OF PETITION TILL THE DATE
OF REALISATION.
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NC: 2024:KHC-D:1285
MFA.CROB No. 100026 of 2014
C/W MFA No. 24338 of 2013, MFA No. 24339
of 2013
THIESE MFA CROB. AND MISCELLANEOUS FIRST APPEALS,
COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE
FOLLOWING:
JUDGMENT
Though these matters are listed for admission, with
the consent of both parties, they are taken up for final
disposal.
2. Heard Smt.Shaila Bellikatti, learned counsel for
the claimants, Sri.Madanmohan M Khannur and
Sri.R.R.Mane, learned counsels for the respondents.
3. These three appeals are filed against the
judgment and award passed in MVC No.2530/2003 and
MVC No.2531/2010 on the file of Additional Motor Accident
Claims Tribunal, Belagavi dated 01.08.2013.
4. Facts in brief which are utmost necessary for
disposal of these cases are as under:
4.1 In respect of road traffic accident involving a
truck bearing No.KA-25/8011 and KSRTC bus bearing
No.KA-22/F-624, claim petitions are filed by the owner of
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C/W MFA No. 24338 of 2013, MFA No. 24339
of 2013
truck bearing No.KA-25/8011 seeking compensation in
respect of damages occurred to the truck and by the
dependants of Imamhasan on account of his death who is
the driver of the truck bearing No.KA-25/8011.
4.2 Upon issuance of notice by the Tribunal,
respondents appeared before the Tribunal and filed their
objection statements. The Tribunal after considering the
oral and documentary evidence on record in a proper
manner, allowed the claim petitions by granting a sum of
Rs.20,000/- towards damages occurred to the truck in
MVC No.2530/2003 and a sum of Rs.2,68,500/- towards
claim in MVC No.2531/2003.
5. Being aggrieved by the same, the owner of the
truck has preferred MFA Cross-Objection No.100026/2014,
whereas KSRTC has preferred appeals against both the
judgments and award passed in MVC No.2530/2003 and
MVC No.2531/2010.
NC: 2024:KHC-D:1285
C/W MFA No. 24338 of 2013, MFA No. 24339
of 2013
6. Reiterating the grounds urged in the appeal
memorandum, Sri.Madanmohan M Khannur contended
that charge sheet came to be filed against both the driver
of the truck as well as the driver of KSRTC bus. Therefore,
there should have been apportionment of liability by
fastening liability on the Insurance Company of the truck
as well and sought for allowing the appeal.
7. He has also challenged the quantum of
compensation awarded in respect of truck bearing No.KA-
25/8011 which was involved in the accident.
8. Per contra, Smt.Shaila Bellikatti, learned
counsel for the claimants supported the impugned
judgments and contended that Rs.20,000/- is awarded by
the Tribunal towards damages of the truck and it should
be reasonably enhanced.
9. Sri.R.R.Mane, learned counsel appearing for the
Insurance Company supported the impugned judgment by
contending that claim petition came to be filed by the
NC: 2024:KHC-D:1285
C/W MFA No. 24338 of 2013, MFA No. 24339
of 2013
claimants under Section 163-A of Motor Vehicles Act and
therefore, question of adjudging negligence would not
arise and sought for dismissal of the appeals filed by
KSRTC.
10. In view of the rival contentions of the parties,
this Court perused the material on record meticulously.
11. On such perusal of the material on record, the
accidental death of Imamhasan is established in the road
traffic accident involving truck bearing No.KA-25/8011 and
KSRTC bus bearing No.KA-22/F-624 on 11.11.2013 at
7.00 p.m. No doubt, charge sheet came to be filed against
the drivers of both bus and truck.
12. Taking note of the fact that the driver having
lost his life, charge sheet filed against the driver of truck
has stood abated.
13. Further, the dependants of deceased
Imamhasan have filed claim petition under Section 163-A
of Motor Vehicles Act and therefore, as is rightly
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C/W MFA No. 24338 of 2013, MFA No. 24339
of 2013
contended by the claimants and Insurance Company, the
question of contributory negligence would not arise.
Therefore, award of compensation in MVC No.2531/2003 is
just and proper and requires no interference.
14. Insofar as cross-objection is concerned, the
truck suffered damages in the accident. A sum of
Rs.20,000/- is awarded by the Tribunal. Taking note of the
fact that the entire cabin of truck has been replaced and
also in view of the fact that charge sheet also came to be
filed against the driver of the truck, enhancing the said
damages to Rs.50,000/- globally as against Rs.20,000/-
would meet the ends of justice.
15. In view of the foregoing discussions, following
order is passed:
ORDER
(i) MFA No.24338/2013 and MFA No.24339/2013 are
dismissed.
NC: 2024:KHC-D:1285
C/W MFA No. 24338 of 2013, MFA No. 24339
of 2013
(ii) MFA Cross-Objection 100026/2014 is allowed in
part.
(iii) As against Rs.20,000/- awarded by the Tribunal,
the claimant in MVC No.2530/2003 would be
entitled to Rs.50,000/- with interest at 6% per
annum from the date of petition till realisation.
(iv) Amount in deposit, if any, is ordered to be
transmitted to the concerned Tribunal forthwith
for disbursement.
(v) Balance amount, if any, is ordered to be
paid/deposited within four weeks from the date of
this order.
Sd/-
JUDGE
SH
