Karnataka High Court
The General Manager vs Dadasaheb Dastgirsaheb on 16 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:1285
MFA.CROB No. 100026 of 2014
C/W MFA No. 24338 of 2013, MFA No. 24339
of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MFA CROSS OBJ NO.100026 OF 2014 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO.24338 OF 2013
MISCELLANEOUS FIRST APPEAL NO.24339 OF 2013
IN MFA CROSS OBJ NO.100026 OF 2014
BETWEEN:
DADASAHEB DASTAGIRSAB KAZI @ MULLA
AGE: 68 YEARS, OCC: NOW NIL
R/O. KILLA TORGAL TALUKA RAMADURG
NOW RESIDING AT: MACHE
TALUKA AND DISTRICT: BELAGAVI.
...CROSS OBJECTOR
(BY SMT. SHAILA BELLIKATTI, ADVOCATE)
AND:
1. THE GENERAL MANAGER
KSRTC, SHANTI NAGAR, K.H. DOUBLE ROAD
BANGALURU THROUGH ITS DIVISIONAL CONTROLLER
Digitally signed
by SAMREEN
NWKRTC BELAGAVI DIVISION, BELAGAVI.
AYUB
DESHNUR
Date: 2024.02.01
2. THE DEPUTY GENERAL MANAGER
15:36:44 +0530
KSRTC, SHANTI NAGAR, K.H. DOUBLE ROAD,
INTERNAL INSURANCE FUND
BANGALURU THROUGH ITS DIVISIONAL CONTROLLER
NWKRTC BELAGAVI DIVISION, BELAGAVI.
...RESPONDENTS
(BY SRI. MADANMOHAN M.KHANNUR, ADVOCATE FOR R1;
SRI. R.R. MANE, ADVOCATE FOR R2)
THIS MFA CROB IN MFA No.24339/2013 IS FILED UNDER
ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND AWARD
DATED 01.08.2013 PASSED IN MVC No.2530/2003 ON THE FILE OF
THE MEMBER MACT-I AND PRINCIPAL DISTRICT JUDGE, BELAGAVI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC-D:1285
MFA.CROB No. 100026 of 2014
C/W MFA No. 24338 of 2013, MFA No. 24339
of 2013
IN M.F.A. NO.24338 OF 2013
BETWEEN:
1. THE GENERAL MANAGER,
KSRTC, SHANTI NAGAR,
K.H. DOUBLE ROAD, BANGALURU
THROUGH ITS DIVISIONAL CONTROLLER,
NWKRTC, BELAGAVI DIVISION, BELAGAVI.
2. THE DEPUTY GENERAL MANAGER,
KSRTC, SHANTI NAGAR, K.H. DOUBLE ROAD,
INTERNAL INSURANCE FUND,
BANGALURU THROUGH ITS DIVISIONAL CONTROLLER
NWKRTC, BELAGAVI DIVISION, BELAGAVI.
...APPELLANTS
(BY SRI. MADANMOHAN M.KHANNUR, ADVOCATE)
AND:
1. SHRI. DADASAHEB DASTGIRSAHEB KAZI @ MULLA
AGE: 68 YEARS,
R/O. KILLA TORGAL.
2. KHUTEJABI W/O. DADASAB KZI @ MULLA,
AGE: 65 YEARS, OCC: HOUSEHOLD WORK,
3. MEHABUBSAHEB S/O. DADASAB KAZI @ MULLA,
AGE: 30 YEARS, OCC: NIL,
4. DASTAGIRSAB S/O. DADASAB KAZI @ MULLA,
AGE: 29 YEARS, OCC: NIL,
5. IMAMHUSAIN DADASAB KAZI @ MULLA,
AGE: 28 YEARS, OCC: NIL,
ALL ARE RESIDENTS OF KILLA TORGAL,
TQ: RAMDURGA, NOW RESIDING AT MACHE,
TQ. AND DIST. BELAGAVI.
6. THE SENIOR DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
KCC BUILDING J.C. NAGAR, HUBLI,
THROUGH THE SENIOR DIVISIONAL MANAGER,
CLUB ROAD, BELAGAVI.
...RESPONDENTS
(BY SMT. SHAILA BELLIKATTI, ADVOCATE FOR R1-R5;
SRI. R.R. MANE, ADVOCATE FOR R6)
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NC: 2024:KHC-D:1285
MFA.CROB No. 100026 of 2014
C/W MFA No. 24338 of 2013, MFA No. 24339
of 2013
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD
DATED 01.08.2013 PASSED IN MVC No.2531/2003 ON THE FILE OF
THE MEMBER MACT-I AND PRINCIPAL DISTRICT JUDGE, BELAGAVI,
AWARDING THE COMPENSATION OF RS.2,70,000/- WITH INTEREST
AT THE RATE OF 6% P.A., FROM THE DATE OF FILLING THE
PETITION TILL REALISATION.
IN M.F.A. NO.24339 OF 2013
BETWEEN:
1. THE GENERAL MANAGER,
KSRTC, SHANTI NAGAR,
K.H. DOUBLE ROAD, BANGALURU
THROUGH ITS DIVISIONAL CONTROLLER,
NWKRTC, BELAGAVI DIVISION, BELAGAVI.
2. THE DEPUTY GENERAL MANAGER,
KSRTC, SHANTI NAGAR,
K.H. DOUBLE ROAD,
INTERNAL INSURANCE FUND,
BANGALURU THROUGH ITS DIVISIONAL
CONTROLLER NWKRTC,
BELAGAVI DIVISION, BELAGAVI.
...APPELLANTS
(BY SRI. MADANMOHAN M.KHANNUR, ADVOCATE)
AND:
SHRI. DADASAHEB DASTGIRSAB KAZI @ MULLA,
AGE: 68 YEARS,
R/O. KILLA TORGAL, TQ. RAMDURGA,
NOW RESIDING AT MACHE,
TQ. AND DISTRICT. BELAGAVI.
...RESPONDENT
(BY SMT. SHAILA BELLIKATTI, ADVOCATE FOR R1)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD
DATED 01.08.2013 PASSED IN MVC No.2530/2003 ON THE FILE OF
THE MEMBER MACT-I AND PRINCIPAL DISTRICT JUDGE, BELAGAVI,
AWARDING THE COMPENSATION OF RS.20,000/- WITH INTEREST AT
THE RATE OF 6% P.A., FROM THE DATE OF PETITION TILL THE DATE
OF REALISATION.
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NC: 2024:KHC-D:1285
MFA.CROB No. 100026 of 2014
C/W MFA No. 24338 of 2013, MFA No. 24339
of 2013
THIESE MFA CROB. AND MISCELLANEOUS FIRST APPEALS,
COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE
FOLLOWING:
JUDGMENT
Though these matters are listed for admission, with the consent of both parties, they are taken up for final disposal.
2. Heard Smt.Shaila Bellikatti, learned counsel for the claimants, Sri.Madanmohan M Khannur and Sri.R.R.Mane, learned counsels for the respondents.
3. These three appeals are filed against the judgment and award passed in MVC No.2530/2003 and MVC No.2531/2010 on the file of Additional Motor Accident Claims Tribunal, Belagavi dated 01.08.2013.
4. Facts in brief which are utmost necessary for disposal of these cases are as under:
4.1 In respect of road traffic accident involving a truck bearing No.KA-25/8011 and KSRTC bus bearing No.KA-22/F-624, claim petitions are filed by the owner of -5- NC: 2024:KHC-D:1285 MFA.CROB No. 100026 of 2014 C/W MFA No. 24338 of 2013, MFA No. 24339 of 2013 truck bearing No.KA-25/8011 seeking compensation in respect of damages occurred to the truck and by the dependants of Imamhasan on account of his death who is the driver of the truck bearing No.KA-25/8011.
4.2 Upon issuance of notice by the Tribunal, respondents appeared before the Tribunal and filed their objection statements. The Tribunal after considering the oral and documentary evidence on record in a proper manner, allowed the claim petitions by granting a sum of Rs.20,000/- towards damages occurred to the truck in MVC No.2530/2003 and a sum of Rs.2,68,500/- towards claim in MVC No.2531/2003.
5. Being aggrieved by the same, the owner of the truck has preferred MFA Cross-Objection No.100026/2014, whereas KSRTC has preferred appeals against both the judgments and award passed in MVC No.2530/2003 and MVC No.2531/2010.-6-
NC: 2024:KHC-D:1285 MFA.CROB No. 100026 of 2014 C/W MFA No. 24338 of 2013, MFA No. 24339 of 2013
6. Reiterating the grounds urged in the appeal memorandum, Sri.Madanmohan M Khannur contended that charge sheet came to be filed against both the driver of the truck as well as the driver of KSRTC bus. Therefore, there should have been apportionment of liability by fastening liability on the Insurance Company of the truck as well and sought for allowing the appeal.
7. He has also challenged the quantum of compensation awarded in respect of truck bearing No.KA- 25/8011 which was involved in the accident.
8. Per contra, Smt.Shaila Bellikatti, learned counsel for the claimants supported the impugned judgments and contended that Rs.20,000/- is awarded by the Tribunal towards damages of the truck and it should be reasonably enhanced.
9. Sri.R.R.Mane, learned counsel appearing for the Insurance Company supported the impugned judgment by contending that claim petition came to be filed by the -7- NC: 2024:KHC-D:1285 MFA.CROB No. 100026 of 2014 C/W MFA No. 24338 of 2013, MFA No. 24339 of 2013 claimants under Section 163-A of Motor Vehicles Act and therefore, question of adjudging negligence would not arise and sought for dismissal of the appeals filed by KSRTC.
10. In view of the rival contentions of the parties, this Court perused the material on record meticulously.
11. On such perusal of the material on record, the accidental death of Imamhasan is established in the road traffic accident involving truck bearing No.KA-25/8011 and KSRTC bus bearing No.KA-22/F-624 on 11.11.2013 at 7.00 p.m. No doubt, charge sheet came to be filed against the drivers of both bus and truck.
12. Taking note of the fact that the driver having lost his life, charge sheet filed against the driver of truck has stood abated.
13. Further, the dependants of deceased Imamhasan have filed claim petition under Section 163-A of Motor Vehicles Act and therefore, as is rightly -8- NC: 2024:KHC-D:1285 MFA.CROB No. 100026 of 2014 C/W MFA No. 24338 of 2013, MFA No. 24339 of 2013 contended by the claimants and Insurance Company, the question of contributory negligence would not arise. Therefore, award of compensation in MVC No.2531/2003 is just and proper and requires no interference.
14. Insofar as cross-objection is concerned, the truck suffered damages in the accident. A sum of Rs.20,000/- is awarded by the Tribunal. Taking note of the fact that the entire cabin of truck has been replaced and also in view of the fact that charge sheet also came to be filed against the driver of the truck, enhancing the said damages to Rs.50,000/- globally as against Rs.20,000/- would meet the ends of justice.
15. In view of the foregoing discussions, following order is passed:
ORDER
(i) MFA No.24338/2013 and MFA No.24339/2013 are dismissed.-9-
NC: 2024:KHC-D:1285 MFA.CROB No. 100026 of 2014 C/W MFA No. 24338 of 2013, MFA No. 24339 of 2013
(ii) MFA Cross-Objection 100026/2014 is allowed in part.
(iii) As against Rs.20,000/- awarded by the Tribunal, the claimant in MVC No.2530/2003 would be entitled to Rs.50,000/- with interest at 6% per annum from the date of petition till realisation.
(iv) Amount in deposit, if any, is ordered to be transmitted to the concerned Tribunal forthwith for disbursement.
(v) Balance amount, if any, is ordered to be paid/deposited within four weeks from the date of this order.
Sd/-
JUDGE SH List No.: 1 Sl No.: 37