Karnataka High Court
The Managing Director vs Smt. Nagarathana D/O Shivappa on 10 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2024:KHC-D:581
MFA No. 103222 of 2017
C/W MFA No. 103093 of 2017, MFA No.
103094 of 2017, MFA No. 103223 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.103222 OF 2017 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO.103093 OF 2017
MISCELLANEOUS FIRST APPEAL NO.103094 OF 2017
MISCELLANEOUS FIRST APPEAL NO.103223 OF 2017
IN M. F. A. NO.103222 OF 2017 (MV-D)
BETWEEN:
THE MANAGING DIRECTOR,
NWKETC, GOKUL ROAD, HUBBALLI,
REP. BY DULY CONSTITUTED AUTHORITY.
...APPELLANT
(BY SRI. M.K. SOUDAGAR, ADVOCATE)
AND:
1. SMT. BASAMMA W/O. BASAVARAJ,
AGE: 46 YEARS, OCC: HOUSEHOLD WORK,
R/O: VINOBA NAGAR, SHIVAMOGGA,
Digitally
signed by NOW AT R/O: LIC COLONY, RANEBENNUR,
BHARATHI H
BHARATHI M DIST: HAVERI-581115.
HM Date:
2024.01.27
10:44:15
+0530 2. SRI. BASAVARAJ S/O. SOMMANNA,
AGE: 49 YEARS, OCC: NIL,
R/O: VINOBA NAGAR, SHIVAMOGGA,
NOW AT R/O: LIC COLONY, RANEBENNUR,
DIST: HAVERI-581115.
...RESPONDENTS
(BY SRI. CHANDRASHEKAR M.HOSAMANI, ADVOCATE FOR R1-R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND
AWARD DATED 04.07.2017 PASSED IN MVC NO.779/2015 ON THE
FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC.,
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NC: 2024:KHC-D:581
MFA No. 103222 of 2017
C/W MFA No. 103093 of 2017, MFA No.
103094 of 2017, MFA No. 103223 of 2017
RANEBENNUR, AWARDING COMPENSATION OF Rs.10,82,000/- WITH
INTEREST AT 7% FROM THE DATE OF THE PETITION TILL ITS
REALIZATION.
IN M. F. A. NO.103093 OF 2017
BETWEEN:
1. SMT. BASAMMA W/O. BASAVARAJ,
AGE: 46 YEARS, OCC: HOUSE HOLD WORK,
R/O: VINOBA NAGAR, SHIVAMOGGA,
NOW AT R/O: LIC COLONY, RANEBENNUR,
DIST: HAVERI.
2. SRI. BASAVARAJ S/O. SOMMANNA,
AGE: 49 YEARS, OCC: NIL,
R/O: VINOBA NAGAR, SHIVAMOGGA,
NOW AT R/O: LIC COLONY, RANEBENNUR,
DIST: HAVERI.
...APPELLANTS
(BY SRI. CHANDRASHEKAR M.HOSAMANI, ADVOCATE)
AND:
THE MANAGING DIRECTOR,
NWKETC, GOKUL ROAD, HUBBALLI,
REPTD. BY ITS DEPOT MANAGER,
RANEBENNUR.
...RESPONDENT
(BY SRI. M.K. SOUDAGAR, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VECHICLES ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED 04.07.2017 PASSED IN MVC
NO.779/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE
AND JUDICIAL MAGISTRATE FIRST CLASS, RANEBENNUR, PARTLY
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
IN M. F. A. NO.103094 OF 2017
BETWEEN:
NAGARATHNA D/O. SHIVAPPA,
AGE: 32 YEARS, OCC: HOUSE HOLD WORK,
R/O: NUGGIHALLI VILLAGE, TQ: SHIVAMOGGA,
NOW AT R/O: LIC COLONY, RANEBENNUR,
DIST: HAVERI.
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NC: 2024:KHC-D:581
MFA No. 103222 of 2017
C/W MFA No. 103093 of 2017, MFA No.
103094 of 2017, MFA No. 103223 of 2017
...APPELLANT
(BY SRI. CHANDRASHEKAR M.HOSAMANI, ADVOCATE)
AND:
THE MANAGING DIRECTOR,
NWKETC, GOKUL ROAD, HUBBALLI,
REPTD. BY ITS DEPOT MANAGER,
RANEBENNUR.
...RESPONDENT
(BY SRI. M.K. SOUDAGAR, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VECHICLES ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED 04.07.2017 PASSED IN MVC
NO.780/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE
AND JUDICIAL MAGISTRATE FIRST CLASS, RANEBENNUR, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN M. F. A. NO.103223 OF 2017
BETWEEN:
THE MANAGING DIRECTOR,
NWKRTC, GOKUL ROAD, HUBBALLI,
REP. BY ITS DULY CONSTITUTED AUTHORITY.
...APPELLANT
(BY SRI. M.K. SOUDAGAR, ADVOCATE)
AND:
SMT. NAGARATHNA D/O. SHIVAPPA,
AGE: 32 YEARS, OCC: HOUSE HOLD WORK,
R/O: NUGGIHALLI VILLAGE, TQ: SHIVAMOGGA,
NOW AT R/O: LIC COLONY, RANEBENNUR,
DIST: HAVERI-581115.
...RESPONDENT
(BY SRI. CHANDRASHEKAR M.HOSAMANI, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VECHICLES ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED 04.07.2017 PASSED IN MVC
NO.780/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE
AND JMFC., RANEBENNUR, AWARDING COMPENSATION OF
Rs.2,86,190/- WITH INTEREST AT 7% FROM THE DATE OF THE
PETITION TILL ITS REALIZATION.
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NC: 2024:KHC-D:581
MFA No. 103222 of 2017
C/W MFA No. 103093 of 2017, MFA No.
103094 of 2017, MFA No. 103223 of 2017
THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These four appeals arise out of claims in respect of
road traffic accident occurred on 21.03.2015 at 11.45 p.m.
involving KSRTC bus bearing No.KA-42/F-1199 and
motorcycle bearing No.KA-14/EC-9552. Sri.B.Harish who
was working in Gagan Enterprises, lost his life in the said
accident and one Nagaratna who claims herself as inmate
of the bus, got injured because of applying sudden break
by the driver of the bus fell herself in the bus.
2. Mother of Sri. B. Harish, by name Basamma filed a
claim petition in MVC No.779/2015 and injured Nagaratna
filed MVC No.780/2015.
3. The claim petitions were resisted by filing detailed
written statement in respect of both the claims.
4. Learned judge in the tribunal raised necessary
issues.
NC: 2024:KHC-D:581
C/W MFA No. 103093 of 2017, MFA No.
103094 of 2017, MFA No. 103223 of 2017
5. Claimant-Basamma got examined herself as PW1 and
injured Nagaratna got examined as PW2 in the common
trial. Doctor who treated Nagaratna is examined as PW.3.
Claimants in all relied on 20 documents which are
exhibited and marked as Ex.P1 to P20.
6. On behalf of respondent, Sri.Sajith Lahori officer of
the KSRTC got examined himself as RW1 and authorization
letter is marked as R1.
7. Tribunal on cumulative consideration of the oral and
documentary evidence placed on record, allowed the claim
petitions by granting a sum of Rs.10,82,000/- to the
dependant of Harish in MVC No.779/2015 and in respect of
accidental injuries sustained by Smt. Nagaratna sum of
Rs.2,86,190/- was granted in MVC No.780/2015 with
interest at 7% per annum from the date of petition till
realization of entire award amount.
NC: 2024:KHC-D:581
C/W MFA No. 103093 of 2017, MFA No.
103094 of 2017, MFA No. 103223 of 2017
8. Being aggrieved by the compensation awarded,
KSRTC has filed MFA No.103222/2017 and MFA
No.103223/2017.
9. Whereas, claimants have preferred MFA
No.103093/2017 and MFA No.103094/2017.
10. Sri. M.K.Soudhaghar, learned counsel representing
KSRTC contended that the award of compensation as
aforesaid to the claimants is excessive and sought for
allowing the appeals of the KSRTC.
11. He would further contend that injured Smt.Nagaratna
has not substantiated that she was inmate of the bus
inasmuch as no ticket is produced to establish that she
was in fact traveling in the bus.
12. He also contended that no material evidence is
placed on record whether she was travelling in the bus as
sitting passenger or standing passenger and she had taken
necessary caution to secure herself if she is a standing
passenger. Therefore, tribunal ought not to have allowed
NC: 2024:KHC-D:581
C/W MFA No. 103093 of 2017, MFA No.
103094 of 2017, MFA No. 103223 of 2017
the compensation to the injured and sought for allowing
the appeal.
13. He also contended that insofar as the award of
quantum of compensation in case of death of Sri.
B.Harish, the tribunal has failed to consider that he was a
bachelor and 50% of the adjudged income should have
been deducted and the same has not been done by the
tribunal. In respect of future prospects also there is
improper application of the mind by the tribunal and
sought for dismissal of the claimants appeals.
14. Per contra, Sri.C.M.Hosamani, learned counsel
representing claimants in both the appeals sought for
enhancement of the compensation.
15. He would further contend that there is no dispute
raised by the KSRTC that injured Nagaratna was travelling
in the bus and therefore, tribunal was justified in awarding
the compensation to her.
NC: 2024:KHC-D:581
C/W MFA No. 103093 of 2017, MFA No.
103094 of 2017, MFA No. 103223 of 2017
16. Mere non-production of ticket itself is not of any
great significance in the facts and circumstances of the
case and sought for enhancement of compensation.
17. Having heard the counsel for parties in detail, this
court has bestowed its best attention to the material
evidence available on record including trial court records.
18. On such perusal, it is crystal clear that Harish died
accidental death and injuries sustained by Smt.Nagaratna.
Same has been established by placing sufficient and
cogent evidence on record.
19. Charge sheet in respect of criminal compliant came
to be filed against the driver of the bus and therefore,
KSRTC is bound to pay the compensation.
20. So far as, death of Harish is concerned, he was aged
22 years. Therefore, appropriate multiplier is 18 and the
same has been taken by the tribunal.
21. Insofar as monthly income is concerned, having
regard to the year of the accident being 2015 and in the
NC: 2024:KHC-D:581
C/W MFA No. 103093 of 2017, MFA No.
103094 of 2017, MFA No. 103223 of 2017
absence of any proper proof of monthly income, this court
would normally assess monthly income notionally in a sum
of Rs.8,000/- p.m. However, tribunal has assessed the
monthly income as Rs.6,000/- though, claimant has stated
that he was earning Rs.8452/-. Claimant is entitled for
addition of 40% future income.
22. Likewise, on the ground of future prospects also,
tribunal has not properly assessed the compensation.
Hence, need has arisen to reassess the compensation
insofar as the claim made by the claimant in MVC
N0.779/2015 wherein Sri. B.Harish died and the same is
reassessed as under:-
Sl. Name of heads Amount(Rs.)
No.
1 Loss of dependency 12,09,600-00
(Rs.11,200X12X1/2X18)
2 Loss of Estate+(10% escalation) 16,500-00
3 Funeral expenses +(10% 16,500-00
escalation)
4 Loss of consortium 88,000-00
(Rs.40,000X2)+10% escalation)
Total 13,30,600-00
- 10 -
NC: 2024:KHC-D:581
C/W MFA No. 103093 of 2017, MFA No.
103094 of 2017, MFA No. 103223 of 2017
23. Therefore, the appeal in MFA No.103093/2017 needs
to be allowed and connected MFA No.103222/2017 needs
to be dismissed.
24. Insofar as injuries sustained by Smt.Nagaratna,
claimant has sought for enhancing the compensation.
KSRTC is seeking for reduction of compensation. There is
some force in the argument put forward on behalf of the
KSRTC that formal proof of injured being travelled in the
bus as inmate is not furnished by claimant by providing
the ticket. However, driver has been examined on behalf
of KSRTC. He did not specifically deposed that
Smt.Nagaratna was not travelling in the bus. Therefore,
injury sustained by her is to be construed for awarding
compensation. However, claimant herself did not depose
before the court in her examination in chief as to how she
travelled in the bus i.e as standing passenger or sitting
passenger.
25. No ticket is also produced by PW.2 before the court.
Nevertheless, if she is a standing passenger, it was
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NC: 2024:KHC-D:581
C/W MFA No. 103093 of 2017, MFA No.
103094 of 2017, MFA No. 103223 of 2017
incumbent on her to depose before the court that she has
secured herself properly so as to prevent the possibility of
accidental injuries. In the absence of such evidence being
placed on record, the compensation awarded by the
tribunal needs to be reduced. Sri.C.M.Hosamni submits
that instead of reducing compensation and enhancing
compensation on other heads, the amount of
compensation awarded by the tribunal needs to be
maintained.
26. Sri.M.K.Soudhaghar, however submits that in respect
of injury sustained by her in the absence of any material
evidence on record placed on as to the steps taken by her
if she is standing passenger, reasonable amount is to be
deduced from the compensation on account of
contributory negligence. If, sum of Rs.36,190/- is
deducted towards contributory negligence of the injured
and sum of Rs.2,50,000/- is ordered as compensation, it
would meets the ends of justice in the facts and
circumstance of the case on hand. As such, appeal of
- 12 -
NC: 2024:KHC-D:581
C/W MFA No. 103093 of 2017, MFA No.
103094 of 2017, MFA No. 103223 of 2017
KSRTC in MFA No.103223/2017 needs to be allowed.
Appeal No.103094/2017 is to be dismissed.
27. Accordingly, the following:
ORDER
i) MFA No.103222/2017 and MFA
No.103094/2017 are dismissed.
ii) MFA No.103093/2017 is allowed in part. As
against compensation of Rs.10,82,000/-awarded
by tribunal, claimant Basamma would be entitled
for sum of Rs.13,30,600-00 with interest at 7%.
From the date of petition till realization of entire
amount.
iii) MFA No.103223/2017 is allowed in part. As
against sum of Rs.2,86,190/-, claimant-injured
Nagaratna would be entitled for compensation of
Rs.2,50,000/- with interest at 7% per annum.
iv) Office is directed to draw modified award.
- 13 -
NC: 2024:KHC-D:581
C/W MFA No. 103093 of 2017, MFA No.
103094 of 2017, MFA No. 103223 of 2017
v) KSRTC is granted time of six weeks to deposit
balance amount of compensation in MFA
No.103093/2017.
vi) Amount in deposit made by the KSRTC in
both the appeals is ordered to be transmitted to
the tribunal for disbursement in accordance with
law.
Sd/-
JUDGE
HMB
CT: UMD
