IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MFA NO.6079 OF 2014 (MV) BETWEEN THE BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD, 105A/107A, CEARS PLAZA, 136, RESIDENCY ROAD, BANGALORE-560 025. BY ITS MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD, 4TH FLOOR, GOLDEN HEIGHTS, NO.1/2, 59TH “C” CROSS, 4TH M-BLOCK, RAJAJINAGAR, BANGALORE-560 010.
... APPELLANT (BY SRI. P.B. RAJU, ADVOCATE) AND 1. THE SENIOR DIVISIONAL CONTROLLER, K.S.R.T.C., MANGALORE DIVISION, MANGALORE-575 001.
2. SRI. P.K. MAHENDRA PRASAD, AGED ABOUT 49 YEARS, NO.44, K.G. NAGAR, BANGALORE-560 019. ... RESPONDENTS (BY SRI. K. NAGARAJA, ADVOCATE FOR R1,. R2 SERVED) THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.06.2014 PASSED IN MVC NO.1852/2010 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT, MANGALORE, D.K. AWARDING COMPENSATION OF RS.67,117/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY THE COURT MADE THE FOLLOWING:
JUDGMENT Aggrieved by the judgment and award dated 10.06.2014, passed in MVC No.1852/2010 on the file of the MACT and Additional Senior Civil Judge, Mangalore, thereby awarding a sum of Rs.67,117/- along with interest at 6% per annum as compensation towards damage caused to the KSRTC bus, the appellant herein has preferred this appeal.
2. I have heard the learned counsel appearing for the appellant and the learned counsel for the respondent-Corporation.
3. The brief facts of the case are that, on 26.03.2008, the KSRTC bus bearing registration No.KA-19-F-2514 was plying on its scheduled route from Puttur to Bengaluru and when the said bus reached near Planters Coffee curing on Belur Road, at that time, a Mahindra goods vehicle bearing registration No.KA-05-AA-5744 which was insured with the appellant herein, came from the opposite direction in a rash and negligent manner and dashed against the bus and caused damages to the said KSRTC bus. A case was registered against the driver of Mahindra goods vehicle. The bus was taken to the regional workshop of KSRTC at mangalore for repair.
4. The respondent No.1 herein filed a claim petition seeking a total compensation of Rs.7,36,647/- towards the damages caused to the KSRTC bus. The Tribunal after considering the evidence and material on record, held that the respondent No.1 is entitled for a total compensation in a sum of Rs.67,117/- along with interest at 6% per annum from the date of petition till the date of realization.
5. Assailing the quantum of compensation awarded by the Tribunal for the damages caused to the KSRTC bus, the learned counsel for the appellant vehemently contended that the total compensation awarded by the Tribunal is very much on the higher side since it could have taken hardly one hour for the repair and replace of the broken glass and other parts and therefore the claim of the 1st respondent that 59 days were taken for repairing the bus is without any basis. It is also contended that no satisfactory evidence has been adduced to establish the repair charges and also the loss of revenue and the tortfeaser is not liable to make good the loss incurred during the period which the vehicle was kept idle.
6. On the other hand, the respondent No.1 would contend that as per IMV report – Ex.P5, the damage caused to the vehicle is as under:
1) Front bumper and grill damaged, 2) Passenger foot board damage, 3) Front windscreen glass broken 4) Left side one ventilator glass broken The vehicle was in garage from 26.03.2008 to 23.05.2008 and as per the records, the minimum revenue of the said vehicle is Rs.12,089/- per day and therefore the compensation awarded by the Tribunal is not excessive and accordingly he seeks to dismiss the appeal.
7. The fact that on 26.03.2008, the KSRTC bus bearing registration No.KA-19-F-2514 while plying from Puttur to Bengaluru met with an accident owing to rash and negligent driving by the driver of Mahindra goods carriage vehicle bearing registration No.KA-05- AA-5744 is not in dispute. According to 1st respondent, KSRTC, bus was kept idle for its repair from 26.03.2008 to 23.05.2008 and therefore, there was loss of revenue in a sum of Rs.12,089/- per day since vehicle was in garage for 59 days. The Tribunal has come to the conclusion that the maximum time required for repair is one week and hence, after assessing the loss of revenue, it arrived at a sum of Rs.87,442/- and after deducting 50% towards maintenance charges, construed that the revenue loss is Rs.43,721/-. As per Ex.P-8, the total amount spent for the repair is Rs.23,396/-. There is no cogent evidence to show that what was the revenue loss incurred by the 1st respondent for keeping the bus idle for one week. The Tribunal has assessed the loss at Rs.87,442/- and deducted maintenance charges and assessed the loss of revenue at Rs.43,721/-. Considering the facts and circumstances of the case, the loss of revenue arrived at by the Tribunal is on the higher side. Hence, considering the evidence on record, I deem it appropriate to award a global compensation of Rs.50,000/- including the cost incurred towards damage to the vehicle, as against Rs.67,117/- awarded by the Tribunal. Hence, I pass the following :
ORDER The appeal is partly allowed.
The judgment and award dated 10.06.2014, passed in MVC No.1854/2010 by the Additional Senior Civil Judge, Mangalore is hereby modified.
The Respondent No.1 is entitled for a total compensation of Rs.50,000/- along with interest at 6% per annum as against Rs.67,117/- awarded by the Tribunal.
The appellant is directed to deposit the amount within a period of four weeks from the date of receipt of the copy of this judgment.
The amount in deposit before this court shall be transmitted to the tribunal.
Sd/- JUDGE snc