Karnataka High Court
The Divisional Controller Of Nekrtc vs Umar @ Mahammad Umar on 10 November, 2020
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
Dated this the 10th day of November, 2020
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
MFA No.101553/2015 c/w MFA CROB No.100106/2016 (MV)
MFA No.101553/2015:
Between
The Divisional Controller of NEKRTC
Divisional Office, NEKRTC, Koppal and
owner of the KSRTC Bus bearing
No.KA-32/F-1575, presently represented
by the Chief Law Officer, Central Office
Sarige Sadan, Kalaburgi. ...Appellant
(By Sri Prakash N Hosamane, Advocate)
And
1. Umar @ Mahammad Umar
s/o Janglisab, Age 30 years
Occn: Business (Oxes Business)
r/o Jangamara Kalgudi
2nd Ward, Janata Camp
Tq: Gangavathi, Dist: Koppal.
2. Durugappa s/o Bheemappa
Age 39 years, Occn: Driver of
KSRTC Bus bearing Registered
No.KA-32/F-1575 Badge No.4005
of Gangavathi KSRTC Depot
r/o Kadekoppa, Tq: Kushtagi
Dist: Koppal. ... Respondents
(By Sri A M Mali Patil, Advocate for R1,
R2 - served)
2
This MFA is filed under Section 173(1) of MV Act,
1988 against the judgment and award dated 19.2.2015
passed in MVC No.42/2013 on the file of the Senior
Civil Judge and Member, Motor Accident Claims
Tribunal, Gangavathi, awarding compensation of
Rs.1,21,900/- along with the interest at the rate of 6%
p.a. from the date of petition till realization.
MFA CROB No.100106/2016:
Between
Umar @ Mahammad Umar
s/o Janglisab, Age 31 years
Occn: Oxe Business
r/o Jangamara Kalgudi
Block No.2, Tq: Gangavathi,
Dist: Koppal, Pin Code-583268. .. Cross Objector
(By Sri A M Mali Patil, Advocate)
And
1. Durugappa s/o Bheemappa
Age 40 years, Occ: Driver
r/o Kadekoppa, Tq: Kushtagi
Dist: Koppal, Pin code - 583278.
2. The Divisional Controller of NEKRTC
Divisional Office, NEKRTC, Koppal
Owner of the KSRTC Bus bearing
No.KA-32/F-1575, Pin Code
-583231. ... Respondents
(By Sri Prakash N Hosamane, Advocate for R2,
R1 - notice dispensed with)
This MFA CROB in MFA No.101553/2015 is filed
under Order XLI Rule 22 read with Section 151 of CPC
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against the judgment and award dated 19.2.2015
passed in MVC No.42/2013 on the file of the Senior
Civil Judge and Member, Motor Accident Claims
Tribunal, Gangavathi, partly allowing the claim petition
for compensation and seeking enhancement of
compensation.
MFA and MFA.CROB coming on for admission,
this day, the Court delivered the following:
JUDGMENT
MFA and MFA.CROB are listed for admission, with the consent of learned counsel for the parties, the same are taken up for final disposal.
2. Claimant having sustained accidental injuries on 31.8.2012 while he was proceeding in motorcycle bearing Regn. No.KA-26/L-9143 due to rash and negligent driving by the driver of the bus bearing Regn. No.KA-32/F-1575 belonging to the Corporation filed a claim petition under Section 166 of Motor Vehicles Act, 1988.
3. The Tribunal awarded compensation of Rs.1,21,900/- with interest at 6% p.a. from the date of 4 petition till realization. Claimant not satisfied with the quantum of compensation awarded has filed cross- objection in MFA CROB No.100106/2016 seeking for enhancement of compensation.
4. The Corporation has filed MFA No.101553/2015 contending that the seizure of the bus involved in the accident belonging to the Corporation is not proved in the criminal proceedings and the driver has been acquitted. Hence, he submits that the Tribunal committed an error in fastening the liability on the Corporation.
5. Learned counsel for the claimant submits that the Tribunal was justified in fastening the liability on the Corporation having regard to the evidence on record. He further submits that the compensation awarded by the Tribunal is on the lower side and seeks for enhancement of compensation.
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6. I have considered the submissions of the learned counsel for the parties and also perused the material on record.
7. The Tribunal having regard to the charge sheet filed against the driver of the bus belonging to the Corporation and also Ex.P5 - IMV report, wherein it is reflected that the left side head light, mask scratched damages and left side crash guard is bent, held that the bus was involved in the accident and there was negligence on the part of the driver of the bus. On re-appreciation of the evidence on record, I do not find any illegality in the findings recorded by the Tribunal. Hence, the submission of the learned counsel for the Corporation that the bus was not involved in the accident is not acceptable.
8. The Tribunal while awarding compensation has assessed the monthly income of the claimant at Rs.5,000/-. However, having regard to the fact the 6 accident occurred in the year 2012, the monthly income of the claimant is assessed as Rs.6,500/-. Hence, the claimant is entitled for compensation of Rs.1,06,080/- (6500 x 12 x 17 x 8%) as against Rs.81,600/- under the head `loss of future income'. The compensation awarded under the head `pain and sufferings, loss of amenities and loss of earning during the treatment period' is on the lower side. Hence, the compensation awarded by the Tribunal under the said heads is re-determined by awarding a sum of Rs.25,000/- as against Rs.5,000/- towards amenities, Rs.19,500/- towards loss of income during treatment period as against Rs.10,000/- and Rs.30,000/- as against Rs.20,000/- towards pain and suffering.
9. However, the compensation awarded under the head diet, nourishment, attendants charges and conveyance and medical reimbursement by the Tribunal 7 is just and reasonable. Hence, it does not call for interference. The break-up is as follows:
Compensation Compensation
Difference
Sl. Account of heads awarded by awarded by
Amount
No. Tribunal High Court
1 Loss of future income 81,600/- 1,06,080/- -
(6500x12x17x8%)
2 Pain and suffering 20,000/- 30,000/- -
3 Loss of amenities in life 5,000/- 25,000/ - -
4 Loss of earning during 10,000/- 19,500/- -
treatment
5 Diet, nourishment, 5,000/- -
attendants charges and
conveyance.
6 Medical reimbursement. 300/- -
Total Rs: 1,21,900/- 1,80,580/- 58,680/-
Accordingly, the appeal filed by the Corporation is dismissed.
MFA.CROB filed by the claimant is allowed in part.
The impugned judgment and award dated 19.2.2015 passed in MVC No.42/2013 on the file of the Senior Civil Judge and Member, Motor Accident Claims Tribunal, Gangavathi, is hereby modified, 8 The claimant is entitled for total compensation of Rs.1,80,580/- as against Rs.1,21,900/- awarded by the Tribunal with interest at 6% per annum on the enhanced sum from the date of petition till the actual deposit.
The Corporation to deposit the enhanced compensation with interest thereon at 6% per annum from the date of petition till actual deposit, within six weeks from the date of receipt of copy of the judgment and award.
The claimant is not entitled for interest on the enhanced compensation for the period of 305 days in filing the appeal.
Registry to draw award accordingly.
Sd/-
JUDGE Bkm