Karnataka High Court
The Divisional Controller Msrtc vs Rukhamini And Ors on 25 September, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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MFA No. 202017 of 2023
C/W MFA No. 203409 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
MISCL. FIRST APPEAL NO.202017 OF 2023 (MV-D)
C/W
MISCL. FIRST APPEAL NO.203409 OF 2023
IN M.F.A.NO.202017 OF 2023
BETWEEN:
1. THE DIVISIONAL CONTROLLER
MSRTC, SOLAPUR DIVISION,
BUDHAVAR PETH, SOLAPUR
THROUGH ITS AUTHORIZED SIGNATORY
...APPELLANT
Digitally signed by
KHAJAAMEEN L (BY SRI. RAHUL R. ASTURE, ADVOCATE)
MALAGHAN
Location: HIGH
COURT OF
KARNATAKA
AND:
1. SMT. RUKHAMINI W/O
RAJKUMAR @ RAJU MANE
AGED ABOUT: 44 YEARS,
OCC: HOUSEHOLD WORK,
2. SONBA S/O RAJKUMAR
@ RAJU MANE
AGE: 28 YEARS, OCC: COOLIE,
3. ARVIND S/O RAJKUMAR @ RAJU MANE
AGE: 22 YEARS, OCC: COOLIE,
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MFA No. 202017 of 2023
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4. ANANTA S/O BABURAO MANE
AGE: 82 YEARS, OCC: NIL,
5. TARABAI W/O ANANTA MANE
AGE: 62 YEARS, OCC: NIL,
ALL ARE R/O PLOT NO:16
GOVIND NAGAR, PISE WASTI,
WAKHARI, TQ: PANDHARPUR,
DIST: SOLAPUR NOW RESIDING
AT ARKERI,
TQ & DIST: VIJAYAPUR - 586 104.
...RESPONDENTS
(BY SRI. KOUJALAGI CHANDRAKANTH LAXMAN, ADV. FOR R1
TO R5)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT - 1988, PRAYING TO CALL FOR THE RECORDS
AND TO SET ASIDE THE IMPUGNED JUDGMENT AND AWARD
DATED 23.11.2022 PASSED BY THE III ADDL. SENIOR CIVIL
JUDGE AND MACT-XII, AT VIJAYAPURA, IN M.V.C.NO.563/2021
AND MODIFY THE AWARD OF COMPENSATION AND ALSO SET
ASIDE THE LIABILITY FASTENED ON THE APPELLANT
CORPORATION, BY ALLOWING THIS APPEAL AND TO GRANT
SUCH ANY OTHER RELIEF AS THIS HON'BLE COURT DEEMS FIT
IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE
INTEREST OF JUSTICE AND EQUITY.
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MFA No. 202017 of 2023
C/W MFA No. 203409 of 2023
IN M.F.A.NO.203409 OF 2023
BETWEEN:
1. SMT. RUKHAMINI W/O
RAJKUMAR @ RAJU MANE
AGE ABOUT: 43 YEARS,
OCC: HOUSEHOLD WORK
2. SONBA S/O RAJKUMAR
@ RAJU MANE
AGE: 27 YEARS, OCC: COOLIE,
3. ARVIND S/O RAJKUMAR @
RAJU MANE
AGE: 21 YEARS, OCC: COOLIE,
4. ANANTA S/O BABURAO MANE
AGE: 81 YEARS, OCC: NIL,
5. TARABAI W/O ANANTA MANE
AGE: 51 YEARS, OCC: NIL,
ALLL ARE R/O: PLOT NO:16
GOVIND NAGAR, PISE WASTI,
WAKHARI, TQ: PANDHARPUR,
DIST: SOLAPUR, NOW RESIDING
AT: ARKERI, TQ & DIST: VIJAYAPURA - 586 103.
...APPELLANTS
(BY SRI. KOUJALAGI CHANDRAKANTH LAXMAN, ADVOCATE)
AND:
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MFA No. 202017 of 2023
C/W MFA No. 203409 of 2023
1. THE DIVISIONAL CONTROLLER
MSRTC, SOLAPUR DIVISION,
BUDHAVAR PETH, SOLAPUR
SUMMONS TO BE SERVED THROUGH
DIVISIONAL CONTROLLER,
NEKRTC, VIJAYAPURA - 586 101.
...RESPONDENT
(BY SRI. RAHUL R. ASTURE, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT - 1988 PRAYING TO CALL FOR THE RECORDS,
TO MODIFY THE JUDGMENT AND AWARD DATED 23.11.2022
PASSED IN M.V.C.NO.563/2021 ON THE FILE OF THE COURT
OF III ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.XII VIJAYAPURA AT
VIJAYAPURA AND ALLOW THIS APPEAL BY ENHANCING THE
COMPENSATION AMOUNT BY RS.3,25,000/- ONLY AS CLAIMED
BY THE APPELLANTS BEFORE THIS HON'BLE Court, IN THE
INTEREST OF JUSTICE AND EQUITY, ORDER FOR COSTS OF
THIS APPEAL AND ETC.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY
MOHAMMAD NAWAZ J., DELIVERED THE FOLLOWING::
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MFA No. 202017 of 2023
C/W MFA No. 203409 of 2023
JUDGMENT
These two appeals arise out of a common judgment and award dated 23.11.2022 passed by the Court of III Additional Senior Civil Judge and MACT-XII at Vijayapura in MVC.No.563/2021.
02. MFA.No.202017/2023 is preferred by the corporation, whereas MFA.No.203409/2023 is preferred by the claimants.
03. We have heard the learned counsel appearing for the respective parties and perused the material on record including the impugned judgment passed by the Tribunal.
04. The Tribunal has awarded a total compensation of `.19,85,000/- with interest at the rate of 6% p.a. for the death of one Rajkumar s/o Ananta Mane, in a road traffic accident, which took place on 05.01.2021 at about 07.55 a.m. on Pandharpur-Pune road.
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05. It is the case of the claimants that the deceased while proceeding on his motorcycle bearing Reg.No.MH- 13-CP-1988 from Wakhari to his working place at Kagadamba Khadi Krusher, on Pandharpur - Pune road, on the proper side of the road in a slow and cautious manner, a Bus bearing Reg.No.MH-13-CU-6992 driven by its driver came in a high speed and in a rash and negligent manner and hit against the motorcycle from the backside, due to which the said Rajkumar sustained grievous head injuries and died on the spot.
06. It is contended by the learned counsel appearing for the corporation that the Tribunal was not justified in holding that the driver of the Bus in question was rash and negligent in driving the vehicle. He contends that the accident has occurred solely due to the rash and negligent riding by the deceased himself. He would contend that the corporation has got examined RW.1 / driver of the Bus, who has stated that it is the deceased himself came and hit against the Bus from the backside. He therefore contends that, fixing the liability on the -7- NC: 2023:KHC-K:7659-DB MFA No. 202017 of 2023 C/W MFA No. 203409 of 2023 corporation to pay the compensation was not justified and accordingly he has sought to allow the appeal filed by the corporation.
07. We have perused the deposition of RW.1, wherein he has stated that, the deceased was riding his motorcycle in a rash and negligent manner and he was in a state of intoxication and while trying to over-take the bus from the side road, he lost control over his vehicle and hit against the Bus and caused the accident.
08. The material on record would reveal that the accident was reported to the police by one Sagar Ananta Mane and the police registered the FIR/Ex.P.1 against driver of the Bus bearing Reg.No.MH-13-CU-6992. In the cross-examination of RW.1/driver of the Bus, though he has denied the suggestion that the rider of the motorcycle i.e., the deceased did not hit the Bus on its rear side, however a perusal of the M.V. report, which is marked as Ex.P.6, relating to the Bus in question is concerned, the Bus was damaged on its front left side. As per Ex.P.7 relating to the motorcycle, the damages caused to the -8- NC: 2023:KHC-K:7659-DB MFA No. 202017 of 2023 C/W MFA No. 203409 of 2023 motorcycle are also on its rear side carriage, guard, rear indicator etc., There is no sufficient material to show that the accident has occurred due to the rash and negligent riding of the deceased himself, on the other hand there is material to show that the FIR was registered against the driver of the Bus. Hence, we find no error in the findings recorded by the Tribunal in holding Issue Nos.1 and 2 in the Affirmative.
09. The Tribunal has awarded compensation under the followings heads:-
Sl. Compensation
Particulars
No. awarded
For loss of consortium of
01. `.00,40,000=00
petitioner No.1
For loss of Parental consortium
02. `.00,80,000=00
of petitioners No.2 and 3
For loss of Filial consortium of
03. `.00,80,000=00
petitioners No.4 and 5.
For funeral, obsequies
04. `.00,15,000=00
ceremony and conveyance.
05. For loss of estate `.00,15,000=00
06. For loss of dependency `.17,55,000=00
Total `.19,85,000=00
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MFA No. 202017 of 2023
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10. According to the claimants, the deceased was doing milk vending business and he was earning `.15,000/- per month. The Tribunal has assessed the income of the deceased at `.12,000/- per month. The claimants have failed to place convincing material to establish that the deceased was doing milk vending business and had an income of `.15,000/- per month. However, considering the year of accident and to maintain uniformity, the income of the deceased can be assessed at `.14,250/- per month. The deceased was aged about 48 years at the time of accident and therefore, 25% of the income has to be added towards future prospects. Towards personal expenses, 1/4th of the income has to be deducted, considering the number of dependants. Appropriate multiplier applicable to the age of the deceased is 13. Hence, the loss of dependency would be `.20,84,062/- (`.14,250/- + `.3,562/- x ¾ x 12 x 13).
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11. The claimants are the wife, two children and parents of the deceased. A sum of `.88,000/- is awarded towards loss of parental consortium, sum `.88,000/- is awarded towards loss of filial consortium, sum of `.44,000/- is awarded towards loss of consortium to the appellant No.1. Further, a sum of `.33,000/- is awarded towards loss of estate and funeral expenses. Hence, the claimants are entitled for a total compensation of `.23,37,004/-, which is rounded off to `.23,37,000/- as against `.19,85,000/- awarded by the Tribunal. The computation of enhancement Description By Tribunal By this Court For loss of consortium of `.00,40,000=00 `.00,44,000=00 petitioner No.1 For loss of Parental consortium of petitioners `.00,80,000=00 `.00,88,000=00 No.2 and 3 For loss of Filial consortium of petitioners `.00,80,000=00 `.00,88,000=00 No.4 and 5.
For funeral, obsequies
ceremony and `.00,15,000=00
conveyance. `.00,33,000=00
For loss of estate `.00,15,000=00
For loss of dependency `.17,55,000=00 `.20,84,062=00
`.23,37,062=00
Total `.19,85,000=00 (rounded off to
`.23,37,000=00)
Enhancement `.03,52,000=00
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12. In view of the above, we proceed to pass the following:
ORDER I. MFA.No.202017/2023 is dismissed and consequently, I.A.No.2/2023 is dismissed. II. MFA.No.203409/2023 is allowed in part. III. The judgment and award dated 23.11.2022 passed by the Court of III Additional Senior Civil Judge and MACT-XII, at Vijayapura in MVC.No.563/2021 is hereby modified. IV. Appellants/claimants are entitled for a total compensation of `.23,37,000=00 as against `.19,85,000=00 awarded by the Tribunal. V. The enhanced compensation shall carry interest @ 6% p.a. from the date of filing of the petition till its realization.
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NC: 2023:KHC-K:7659-DB MFA No. 202017 of 2023 C/W MFA No. 203409 of 2023 VI. The respondent/corporation shall deposit the amount before the Tribunal within a period of 06 weeks from the date of receipt of this judgment. VII. The statutory amount in deposit before this Court shall be transmitted to the Tribunal. VIII. Rest of the order passed by the Tribunal is undisturbed.
Sd/-
JUDGE Sd/-
JUDGE KJJ List No.: 1 Sl No.: 23