Karnataka High Court
Abdul Khuddus vs Divisional Controller Ksrtc on 21 October, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:42566
MFA No. 4100 of 2021
C/W MFA No. 2187 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 4100 OF 2021
C/W
MISCELLANEOUS FIRST APPEAL NO. 2187 OF 2020
IN MFA No. 4100/2021:
BETWEEN:
ABDUL KHUDDUS
S/O BABA SAB
AGED ABOUT 58 YEARS,
SINCE DEAD BY HIS LRS
1. DILSHAD BANU
W/O ABDUL KHUDDUS
AGED ABOUT 53 YEARS,
Digitally signed
by KIRAN PRESENT ADDRESS
KUMAR R C/O SHAKH, MALLIKARJUNA NAGARA
Location: 4TH MAIN ROAD, SAKALESHPURA.
HIGH COURT
OF
KARNATAKA R/AT EDGA MOHALLA, A B M HALLI,
MALLIPATTANA HOBLI
ARAKALAGUDE TALUK.
2. UMAS PASHA
S/O ABDUL KHUDDUS
AGED ABOUT 41 YEARS,
GONIKOPPA, HARISH COMPOUND,
VEERAJAPETE.
3. AYUB PASHA
S/O ABDUL KHUDDUS
AGED ABOUT 39 YEARS,
-2-
NC: 2024:KHC:42566
MFA No. 4100 of 2021
C/W MFA No. 2187 of 2020
4. KHAYUM PASHA
W/O ABDUL KHUDDUS
AGED ABOUT 37 YEARS,
PETITIONER No. 1, 2, 4 AND 5 ARE
R/AT EDGA MOHALLA, A B M HALLI,
MALLIPATTANA HOBLI
ARAKALAGUDE TALUK.
5. FASIHA BANU
W/O TANVEER PASHA
AGED ABOUT 35 YEARS,
DAUD SAB STREET, 3RD CROSS,
BELUR
...APPELLANTS
(BY SRI. SHRIPAD V SHASTRI., ADVOCATE)
AND:
1. DIVISIONAL CONTROLLER,
KSRTC,
CHIKKAMAGALURU.
...RESPONDENT
(BY SRI. B.PALAKSHAIAH., ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 03.09.2019
PASSED IN MVC NO. 1638/2018 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND J.M.F.C., M.A.C.T., SAKALESHPUR,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 2187/2020:
BETWEEN:
1. THE DIVISIONAL CONTROLLER
KSRTC
CHIKKAMAGALURU,
NOW REP. CHIEF LAW OFFICER,
-3-
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MFA No. 4100 of 2021
C/W MFA No. 2187 of 2020
SARIGE BHAVANA,
KH ROAD, SHANTHINAGARA,
BANGALORE-560027.
...APPELLANT
(BY SRI. B PALAKSHAIAH., ADVOCATE)
AND:
1. ABDUL KHUDDUS
S/O BABASAB,
AGE 57 YEARS,
2. DILSHAD BANU
W/O ABDUL KHUDDUS
AGE 52 YEARS,
BOTH C/O SHAKH, MALLIKARJUNANAGARA,
4TH MAIN ROAD,
SAKALESHPURA-573127.
3. UMAS PASHA
S/O ABDUL KHUDDUS
AGE 40 YEARS,
R/A GONIKOPPA,
N HARISH COMPOUND,
VERJAPETE-571218.
4. AYUB PASHA
S/O ABDUL KHUDDUS
AGE 38 YEARS,
5. KHAYUM PASHA
S/O ABDUL KHUDDUS
AGE 36 YEARS,
BOTH ARE RESIDING AT EDGA MOHALLA,
ABM HALLI, MALLIPATTANA HOBLI,
ARKALGUDU TALUK-573102.
6. FASIHA BANU
W/O THANVEER PASHA,
AGE 34 YEARS,
-4-
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MFA No. 4100 of 2021
C/W MFA No. 2187 of 2020
R/AT DAUD SAB STREET,
3RD CROSS, BELUR-573115.
...RESPONDENTS
(BY SRI. SHRIPAD V.SHASTRI., ADVOCATE FOR R-1 TO R-6)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MV
ACT, AGAINST THE JUDGMENT AND AWARD
DATED:03.09.2019 PASSED IN MVC NO.1638/2018 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SAKALESHPUR,
AWARDING COMPENSATION OF RS.9,46,000/- WITH
INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION
TILL THE DATE OF REALIZATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The KSRTC as well as the claimants are in appeal.
2. The KSRTC is in appeal contending that the Tribunal
had erred in holding that the driver of the bus was driving
the bus in a rash and negligent manner and that was the
reason for the accident. They seek to produce a
photograph along with an application in this appeal to
contend that the negligence was on the part of the rider of
the motorcycle.
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3. The Tribunal, on the other hand, has recorded a
finding on the basis of rough sketch produced by the
driver which indicated that the accident had occurred at a
curve and it has accordingly concluded that the accident
was due to the rash and negligent driving of the driver of
the bus. It has also taken note of the fact that the police
after investigation had laid a charge sheet against the
driver of the KSRTC.
4. In my view, having regard to the spot mahazar and
IMV report, it is clear that the accident had occurred due
to the rash and negligent driving of the driver of the bus.
The fact that the police had laid a charge sheet against the
driver of the bus also fortifies the same. In this view of the
matter, there is no merit in the appeal of the KSRTC and
the same is therefore dismissed.
5. As far as the appeal of the claimants seeking
enhancement is concerned. The Tribunal has recorded a
finding that the deceased was earning a sum of Rs.8,000/-
per month notionally, since there was no evidence as to
NC: 2024:KHC:42566
the actual income of the deceased. In such circumstances,
since the accident is of the year 2018, it would be
appropriate to adopt the notional income determined by
the Karnataka State Legal Services Authority, which would
be Rs.12,500/-. Since the deceased was aged 28 years,
future prospects of 40% requires to be added to the same,
which makes his income to be Rs.17,500/- (Rs.12,500/- +
Rs.5,000/-). Since the deceased was a bachelor, 50%
requires to be deducted from the same, which makes his
income to be Rs.8,750/-.
6. Thus, the claimants would be entitled to
Rs.17,85,000/- (Rs.8,750/- X 12 X 17) towards loss of
dependency.
7. The claimants would also be entitled to Rs.48,400/-
each towards loss of love and affection, which would be
Rs.2,42,000/- (Rs.48,400/- X 5 members). They are also
entitled to a sum of Rs.36,300/- towards miscellaneous
expenses.
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8. Thus, the claimants would be entitled to a sum of
Rs.20,63,300/- as against Rs.9,46,000/- as
compensation along with interest at the rate of 6% p.a. on
the enhanced compensation from the date of petition till
its realization.
9. The KSRTC is directed to deposit the amount of
compensation within a period of two months from the date
of receipt of a copy of this judgment.
10. The other aspects of the award of the Tribunal
remain undisturbed.
11. The appeal of the claimants is accordingly allowed
in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
PKS
