Karnataka High Court
General Manager vs Ashok S/O Basappa Boodi on 27 May, 2024
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MFA No. 101349 of 2015
C/W MFA No. 100970 of 2015
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 27TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.101349/2015 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO.100970 OF 2015
IN MFA NO.101349 OF 2015
BETWEEN:
SHRI. ASHOK BASAPPA BOODI,
AGE: 59 YEARS, OCC: ASI KAKATI P.S.
R/O. KAKATI POLICE QUARTERS,
MALAPRABHA BUILDING, QUARTERS NO.8,
KAKATI, TQ & DIST: BELAGAVI.
...APPELLANT
(BY SRI. SANJAY S. KATAGERI, ADVOCATE)
Digitally signed
by AND:
SHIVAKUMAR
HIREMATH
Location: HIGH
COURT OF
KARNATAKA GENERAL MANAGER,
NWKRTC, HUBLI,
THROUGH ITS DIVISIONAL CONTROL,
NWKRTC, DIVISIONAL OFFICE,
NEAR CBT, BELAGAVI.
...RESPONDENT
(BY SRI. S. C. BHUTI. ADVOCATE.)
THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988, AGAINST
THE JUDGMENT AND AWARD DATED 16.01.2015, PASSED IN MVC
NO.2596/2012, ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL
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MFA No. 101349 of 2015
C/W MFA No. 100970 of 2015
JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 100970 OF 2015
BETWEEN:
GENERAL MANAGER,
NWKRTC, HUBLI DIVISION,
THROUGH ITS DIVISIONAL
CONTROLLER, NWKRTC, BELAGAVI.
BY ITS CHIEF LAW OFFICER,
NWKRTC, GOKUL ROAD, HUBLI,
DIST: DHARWAD.
...APPELLANT
(BY SRI. S. C. BHUTI, ADVOCATE)
AND:
ASHOK S/O. BASAPPA BOODI,
AGE: 58 YEARS, OCC: A.S.I. KAKATI P.S,
R/O: KAKATI POLICE QUARTERS,
MALAPRABHA BUILDING,
QUARTERS NO. 8, KAKATI,
TQ & DIST: BELAGAVI.
...RESPONDENT
(BY SRI. SANJAY S. KATAGERI, ADVOCATE)
THIS MFA IS FILED U/SEC.173(1) OF THE MOTOR VEHICLES
ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED
BY THE III ADDL. SENIOR CIVIL JUDGE AND M.A.C.T BELAGAVI AT
BELAGAVI IN M.V.C NO.2596/2012 DATED 16.01.2015.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 101349 of 2015
C/W MFA No. 100970 of 2015
COMMON JUDGMENT
1. Heard learned counsel for the appellant and
respondent on admission in both the appeals. With the
consent of learned counsel for the parties, the matters are
taken up for final disposal at the admission stage itself.
2. As these two appeals are arising out of a
common judgment and award of the Tribunal, they are
heard together and dispose of by this Court by a common
judgment.
3. For the sake of convenience, the parties in the
present appeals are referred to as they are referred to in
the claim petition.
4. MFA.No.101349/2015 is filed by the claimant
seeking enhancement of compensation awarded by the
Tribunal, whereas MFA.No.100970/2015 is filed by the
North-West Karnataka Road Transport Corporation, Hubli
("the Corporation" for short) as the owner and insurer of
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MFA No. 101349 of 2015
C/W MFA No. 100970 of 2015
the offending vehicle, seeking reduction of compensation
awarded by the Tribunal.
5. As there is no dispute with regard to the
injuries sustained by the claimant in the road traffic
accident occurred on 26.07.2012 due to rash and
negligent driving by the driver of the bus bearing
registration No.KA.22/F-1570, and the liability of the
Corporation.
6. The point that arises for consideration in this
appeal by this Court is;
Whether the compensation awarded by the
Tribunal is just and reasonable or does it call
for enhancement or for reduction?
7. Learned counsel for the claimant submits that,
the Tribunal saddled the responsibility on Corporation at
75% and on the claimant at 25% without any basis and
evidence.
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MFA No. 101349 of 2015
C/W MFA No. 100970 of 2015
8. Further the Tribunal has not awarded fair
compensation towards loss of earning during the laid up
period, loss of future income due to disability etc., and
hence he prays to allow the appeal filed by the claimant
and to dismiss the appeal filed by the Corporation.
9. Learned counsel for the respondent-Corporation
submits that, there is a delay in lodging the complaint. The
claimant has falsely got registered a case against the bus
(offending vehicle), in fact, no such accident was occurred
as stated by the claimant. The compensation awarded by
the Tribunal towards pain and suffering, loss of amenities,
loss of income during laid up period, towards conveyance
and attendant charges, loss of expectation of life are not
only on the higher side but they are contrary to Schedule-
II of the Motor Vehicles Act, 1988 and therefore he prays
for allow the appeal filed by the Corporation and to dismiss
the appeal filed by the claimant.
10. As per Ex.P.5-Wound Certificate, the claimant
has sustained 3 grievous injuries and two simple injuries.
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MFA No. 101349 of 2015
C/W MFA No. 100970 of 2015
The injuries sustained and the treatment taken by the
claimant are also evident from Ex.P.5-Wound Certificate,
Ex.P.6-Summary Sheet, Ex.P.10-X-ray Report, Ex.P.11-
Disability Certificate, Ex.P.12-X-ray Film and Ex.P.14-
Documents issued by the KLE Hospital, Belagavi. Hence,
the oral evidence of the claimant (PW1) is supported by
the medical evidence and PW.2-Dr.S.R.Angadi has clearly
corroborated the contention of the claimant.
11. PW.2-Dr.S.R.Angadi in his evidence has stated
that, the claimant has suffered 3 fractures and two simple
injuries. Further PW.2 has issued Ex.P.11-disability
certificate. With regard to functional disability, he has
observed that the treated doctor has fixed flexion
deformity in the right and left hip joints. As per X-ray
report, there is malunited fracture superior ramus of the
right pubic bone, malunited fracture inferior ramus of the
right pubic bone and malunited fracture superior ramus of
the left pubic bone. Thus, PW.2 has assessed the disability
at 20% and the Tribunal has taken 1/3rd of the same i.e.,
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MFA No. 101349 of 2015
C/W MFA No. 100970 of 2015
6% to the whole body and accordingly awarded the
compensation towards loss of income due to disability.
12. Considering the disability and injuries sustained
by the claimant, the Tribunal has awarded Rs.75,000/-
towards pain, shock and sufferings, which is reasonable
one and no interference is called for by this Court in that
regard.
13. Towards loss of income during laid up period,
the Tribunal has awarded a sum of Rs.76,440/-, which is
also just and reasonable and no interference is called for
by this Court in this regard.
14. Towards conveyance and attendants charges,
the Tribunal has awarded Rs.15,000/- which is just and
reasonable and no interference is called for by this Court.
15. The Tribunal considering the nature of injuries
granted a sum of Rs.20,000/- towards loss of amenities of
life, which is just and reasonable.
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MFA No. 101349 of 2015
C/W MFA No. 100970 of 2015
16. The Tribunal has awarded a sum of Rs.20,000/-
towards loss of expectation of life, happiness and
frustration, which is reasonable one and no interference is
called for by this Court in this regard. In all, the Tribunal
awarded a sum of Rs.2,06,440/-.
17. However, the Tribunal observed that, there is
contributory negligence on the part of the claimant and
hence the Tribunal saddled the liability on the claimant at
25% and 75% on the Corporation. The finding of the
Tribunal in this regard has no basis.
18. From the perusal of the FIR, complaint, spot-
mahazar and summary sheet, it clearly established that,
the claimant while boarding the bus, fell down at Belagavi
bus-stand and same was recorded as road traffic accident.
There is no dispute that, the claimant sustained 3 grievous
injuries and 2 simple injuries. As per spot-sketch, the
accident took place in-front of Market Police Station near
the scene of occurrence, which is at a distance of 50
meters. Thus, it appears that the claimant boarded the
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MFA No. 101349 of 2015
C/W MFA No. 100970 of 2015
bus when the bus was stopped in a traffic signal and thus
he tried to board the bus. But the observation made by
the Tribunal with regard to contributory negligence at 25%
on claimant has no basis. In fact, the driver of the bus
ought to have take care while passengers were alighting
and boarding from the bus. Therefore if contributory
negligence is saddled on the Corporation at 90% and 10%
on the claimant, it would meet the ends of justice. Thus,
the claimant is entitled for total compensation of
Rs.1,85,796/- with interest at the rate of 6% per annum.
Accordingly I pass the following.
ORDER
1. MFA.No.101349/2015 filed by the claimant is
allowed in part.
2. MFA.No.100970/2015 filed by the Corporation
is dismissed.
3. The liability is saddled on the Corporation at
90% and 10% on the Claimant.
4. The judgment and award dated 16.01.2015
passed in MVC.No.2596/2012 by the III
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Additional Senior Civil Judge and MACT,
Belagavi is modified to the extent as stated
above.
5. The Corporation is directed to deposit the
compensation of Rs.1,84,796/- with interest
at the rate of 6% per annum within 8 weeks
from the date of receipt of copy of this
judgment.
6. The amount in deposit, if any, shall be
transmitted to the Tribunal within two weeks
from today.
No order as to costs.
Sd/-
JUDGE
EM: Ct-an
