Karnataka High Court
The Managing Director vs M Murthy on 25 April, 2013
Author: N.Ananda
Bench: N.Ananda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY OF APRIL 2013
BEFORE
THE HON'BLE MR.JUSTICE N.ANANDA
M.F.A. No.2862/2010 C/W M.F.A. Nos.2863/2010,
2864/2010, 2867/2010 & M.F.A.CROB. No.38/2011 (MV)
MFA No.2862/2010
BETWEEN:
THE MANAGING DIRECTOR
TAMILNADU STATE TRANSPORT
CORPORATION (COIMBATORE) LTD.
COIMBATORE - ERODE REGION
CHENNIMALAI ROAD
ERODE-1. ... APPELLANT
(BY M/s. BPDS ASSOCIATES, ADVS.)
AND :
1. M MURTHY
S/O MAHADEVA
AGED ABOUT 27 YEARS
R/AT BASAIAHNAKERI
OPPOSITE TO RAMA MANDIRA
G.M STREET, PETE MALAVALLI
MANDYA DISTRICT
2. RAMESH KUMAR
S/O ARASAIAH, 36 YEARS
ADDA NINGAIAHNA KERE
G.M STREET, PETE MALAVALLI
MANDYA DISTRICT, (OWNER OF
AUTO BEARING NO.C.T.W 4487). ... RESPONDENTS
(BY SRI L RAJA, ADV. FOR R1; SRI RAJANNA, ADV. FOR R2)
2
THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:01.8.2009 PASSED IN
MVC NO.82/2006 ON THE FILE OF CIVIL JUDGE (SR. DN.) &
MACT, MALAVALLI, AWARDING COMPENSATION WITH
INTEREST & ETC.
MFA No.2863/2010
BETWEEN:
THE MANAGING DIRECTOR
TAMILNADU STATE TRANSPORT
CORPORATION (COIMBATORE) LTD.
COIMBATORE - ERODE REGION
CHENNIMALAI ROAD
ERODE-1. ... APPELLANT
(BY M/s.BPDS ASSOCIATES, ADVS.)
AND :
1. D DEVAMMA
S/O VENKATAPPA
AGED ABOUT 46 YEARS
C/O MEGALAKERE
G.M STREET PETE, MALAVALLI
MANDYA DISTRICT
2. RAMESH KUMAR
S/O ARASAIAH, 36 YEARS
ADDA NINGAIAHNA KERE
G.M STREET, PETE MALAVALLI
MANDYA DISTRICT, (OWNER OF
AUTO BEARING NO.C.T.W 4487). ... RESPONDENTS
(BY SRI CHANDRAKANTH R GOULAY, ADV. FOR R1; SRI
RAJANNA, ADV. FOR R2)
THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:01.08.2009 PASSED IN
MVC NO.83/2006 ON THE FILE OF THE CIVIL JUDGE (SR. DN)
AND MACT, MALAVALLI, AWARDING COMPENSATION WITH
INTEREST & ETC.
3
MFA No.2864/2010
BETWEEN:
THE MANAGING DIRECTOR
TAMILNADU STATE TRANSPORT
CORPORATION (COIMBATORE) LTD.
COIMBATORE - ERODE REGION
CHENNIMALAI ROAD
ERODE-1. ... APPELLANT
(BY M/s.BPDS ASSOCIATES, ADVS.)
AND :
1. CHANDARASHEKARA
S/O DODDETHAMMAIAH
AGED ABOUT 27 YEARS
RAJABOHIANA CHOWK, ASARABEEDI
G. M STREET, PETE MALAVALLI
MANDYA DISTRICT
2. RAMESH KUMAR
S/O ARASAIAH
AGED ABOUT 36 YEARS
ADDA NINGAIAHNA KERE
G. M STREET, PETE MALAVALLI
MANDYA DISTRICT. (OWNER OF
AUTO BEARING NO.C.T.W 4487). ... RESPONDENTS
(BY SRI CHANDRAKANTH R GOULAY, ADV. FOR R1; SRI
RAJANNA, ADV. FOR R2)
THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:01.08.2009 PASSED IN
MVC NO.85/06 ON THE FILE OF THE CIVIL JUDGE(SR.DN) AN
MACT, MALAVALLI, AWARDING COMPENSATION WITH
INTEREST & ETC.
MFA No.2867/2010
BETWEEN:
THE MANAGING DIRECTOR
TAMILNADU STATE TRANSPORT
4
CORPORATION (COIMBATORE) LTD.
COIMBATORE-ERODE REGION
CHENNIMALAI ROAD
ERODE-1. ... APPELLANT
(BY M/s.BPDS ASSOCIATES, ADVS.)
AND :
1. SURESH M R
S/O RACHAIAH, 26 YEARS
ADDE NINGAIAHNA KERE
G.M. STREET PETE, MALAVALLI
MANDYA DISTTRICT.
2. RAMESH KUMAR
S/O ARASIAH, 36 YEARS
ADDA NINGAIAHNA KERE
G.M. STREET, PETE MALAVALLI
MANDYA DISTRICT, (OWNER OF
AUTO BEARING NO.C.T.W 4487). ... RESPONDENTS
(BY SRI CHANDRAKANTH R GOULAY, ADV. FOR R1; SRI
RAJANNA, ADV. FOR R2)
THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:01.08.2009 PASSED IN
MVC NO.363/06 ON THE FILE OF THE CIVIL JUDGE (SR. DN)
AND MACT, MALAVALLI, AWARDING COMPENSATION WITH
INTEREST & ETC.
MFA Crob. No.38/2011
BETWEEN:
M MURTHY
S/O MAHADEVA
AGED 28 YEARS
R/O BASAIAHANA KERE
OPP. RAMA MANDIRA
G.M.STREET, PETE MALAVALLI
MANDYA DISTRICT. ... CROSS OBJECTOR
(BY SRIYUTHS DHANANJAY JOSHI, S S BHARATH & ESTHU G
SMILEY, ADVS. FOR M/s.SREEVATSA ASSOCIATES, ADVS.)
5
AND :
1. TAMILNADU STATE TRANSPORT
CORPORATION (CBE-DIV-II) LTD.
CHENNIMALAL ROAD
ERODE-638 001
2. RAMESH KUMAR
S/O ARASAIAH, 37 YEARS
R/O ADDA NINGAIAHANA KERI
G.M.STREET, PETE MALAVALLI. ... RESPONDENTS
THIS MFA.CROB IS FILED U/O 41 RULE 22 OF CPC,
AGAINST THE JUDGMENT AND AWARD DT.01.08.09 PASSED IN
MVC.NO.82/06 ON THE FILE OF THE CIVIL JUDGE (SR. DN)
AND MACT, MALAVALLI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THESE APPEALS & MFA.CROB COMING ON FOR
ADMISSION THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
The matters are listed for admission. Lower court records are received. With the consent of learned counsel for parties, the matters are taken up for final disposal.
2. MFA Nos.2862/2010, 2863/2010, 2864/2010 and 2867/2010 are filed by Tamilnadu State Transport Corporation (Coimbatore) Ltd., (for short 'TNSTC') to set aside the impugned award or alternatively reduce the compensation.
6
MFA CROB 38/2011 is filed by claimant in MFA 2862/2010 for enhancement of compensation.
3. I have heard learned counsel for parties.
4. The TNSTC has contended that the deceased/ injured persons (in all six) were travelling in the Autorickshaw. The driver of autorickshaw did not have control over the vehicle, as a result, autorickshaw dashed against TNSTC Bus.
5. The driver of TNSTC Bus bearing registration No. TN-33/N-1227 has deposed; that, in all 8 - 10 persons were travelling in the Autorickshaw, which is contrary to the objection statement filed by the Corporation. During cross- examination, the driver of bus has admitted that he did not stop the bus at the place of accident; on the other hand, he stopped the bus in K.M.Doddi. The driver of bus had not lodged the first information. On the other hand, first information was lodged against him and he was prosecuted. The evidence of driver is hardly sufficient to rebut evidence of claimant who has stated that TNSTC Bus bearing 7 registration No.TN-33/N-1227 came at high speed and dashed against the autorickshaw. Even if it is assumed that passengers travelling in the autorickshaw were more, it had no nexus with the accident. Therefore, I hold that accident took place due to rash and negligent driving by the driver of TNSTC Bus bearing registration No.TN-33/N-1227.
6. In MFA 2862/2010 (MVC 82/2006) the claimant had suffered following injuries :
i) Fracture of shaft of right humerus ii) Fracture of right radius iii) Fracture of right ulna iv) Head injury
He was admitted to hospital on 03.03.2003 and discharged on 22.03.2003. The fracture was reduced by open reduction and internal fixation and bone grafting. He underwent follow-up treatment for more than six months. Even after complete treatment, he has not become normal. On subsequent examination, medical officer has assessed the permanent physical disability at 15%. He has also opined that claimant needs a sum of Rs.40,000/- towards 8 future medical expenditure. The claimant was aged about 18 years at the time of accident and he was running a Mutton Stall at Malavalli. The tribunal taking into consideration nature of injuries, consequent pain and suffering, medical expenditure incurred, loss of earning during laid up period and loss of earning capacity and future loss of earnings, awarded compensation of Rs.4,66,000/-, which cannot be termed as excessive.
7. The claimant in MVC 82/2006 has filed MFA.CROB 38/2011 (MFA 2862/2010) for enhancement of compensation. In the discussion made supra, I have narrated the nature of injuries. The tribunal has taken into consideration all the relevant aspects to award compensation of Rs.4,66,000/-. Therefore, there are no reasons to enhance the compensation awarded to claimant in MFA.CROB 38/2011.
8. The claimant in MFA 2863/2010 (MVC 83/2006) is the mother of deceased Venkatesha. The tribunal has taken the income of deceased at Rs.3,000/- per month. The 9 tribunal has determined the multiplier appropriate to the age of mother of deceased and awarded compensation of Rs.3,56,000/-. Considering the age and avocation of deceased and number dependents, it is not possible to hold that compensation awarded is excessive.
9. In MFA 2864/2010 (MVC 85/2006) claimant had suffered fracture of right humerus. The fracture was reduced by open reduction and internal fixation. The claimant had also suffered injury to liver. He had spent a sum of Rs.93,343/- towards medical expenditure. The tribunal taking into consideration the nature of injuries, consequent pain and suffering, nature of disability, medical expenditure and loss of earning during laid up period awarded compensation of Rs.1,68,000/-, which cannot be termed as excessive.
10. The claimant in MFA 2867/2010 (MVC 363/2006) was aged about 22 years at the time of accident. He had suffered injuries to the left shoulder and dislocation of right 10 wrist joint. The tribunal has awarded compensation of Rs.38,600/-, which cannot be termed as excessive.
11. In the result, I pass the following:
ORDER MFA Nos.2862/2010, 2863/2010, 2864/2010, 2867/2010 and MFA.CROB 38/2011(in MFA 2862/2010) are dismissed.
The amount deposited by Tamilnadu State Transport Corporation (Coimbatore) Ltd., shall be transferred to the tribunal.
Sd/-
JUDGE Np/-