IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L NARAYANA SWAMY MFA No.7581/2016 (MVC) BETWEEN;
THE MANAGING DIRECTOR BMTC, K.H.ROAD (DOUBLE ROAD,) BENGALURU-560027 (OWNER OF THE BMTC BUS BEARING REG NO.KA-01-F-2651) REPRESENTED BY ITS CHIEF LAW OFFICER. .. APPELLANT (By Sri F S DABALI, ADVOCATE) AND 1. SRI PALANIVELU S/O LATE ANDIAPPAR AGED ABOUT 71 YEARS 2. SMT. LILY W/O PALANIVELU AGED ABOUT 62 YEARS BOTH ARE R/AT NO.10, 4TH CROSS, 3RD MAIN ROAD, AIYAPPA TEMPLE BLOCK, VIVEKNAGAR BENGALURU-560047 ALTERNATIVE ADDRESS NO.59, EAST ROAD, NEELASANDRA BENGALURU-560047 3. SRI CHARLES PRAVIN PAUL P S/O PRABAKARAN AGE-MAJOR OLD NO.17E, NEW NO.22, GANDHI STREET PEELAMEDU COMBATORE-641004 PRESENT ADDRESS NO.9, AIYAPPA BLOCK 1st MAIN ROAD, VANNARPET, BENGALURU-560 047 (OWNER OF YAMAHA MOTORCYCLE BEARING REG NO.TN-38-AX-9307). .. RESPONDENTS (By Sri H T JAGADEESH, ADVOCATE FOR R1, Sri N MUDDU KRISHNA, ADVOCATE FOR R2 & R3) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 6.9.2016 PASSED IN MVC NO.1943/2015 ON THE FILE OF THE 8TH ADDITIONAL SMALL CAUSES JUDGE, 33RD ACMM, MEMBER, MACT, BENGALURU, AWARDING A COMPENSATION OF RS.11,24,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION FROM RESPONDENTS.
THIS MFA COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT This appeal is filed by the Corporation challenging the liability fastened on them vide judgment and award dated 6.9.2016 in MVC No.1943/2015 passed by the VIII Additional Small Causes Judge and the MACT (SCCH-5), Bengaluru.
2. The claimants filed the claim petition contending that on 20.3.2017, when their deceased son was moving as a pedestrian as a pedestrian at about 9.15 a.m. on footpath at 3rd Main Road, Lower Agram Road, Viveknagar, Bengaluru, a BMTC bus bearing Regn. No.KA-01-F-2651 driven by its driver in a rash and negligent manner and dashed against the motor cycle bearing Regn. No.TN-38-AX-9307, as a result, motor cycle dashed to the deceased, the deceased fell down and sustained injuries and immediately he was shifted to Sriram Hospital and thereafter to St.Philomina’s Hospital, NIMHANS Hospital and he succumbed to the injuries on 23.3.2015. The claimants are the parents of the deceased. They contended that the deceased was the bread earner of the family and sought for compensation. The Tribunal has awarded compensation of Rs.11,24,000/- and also observed that the appellant and respondent No.3 shall pay compensation to the claimants in the ratio of 60 : 40 within 30 days from the date of the order.
3. Learned counsel for the appellant disputes the negligence on the part of the driver of BMTC bus contending that when the bus was about to take left turn, the rider of motor cycle over took the bus from the left side of the bus though the rider was aware that there is left turning ahead. It is further submitted that the Tribunal was not justified in holding the contributory negligence and the liability fastened on the Corporation. Therefore, he sought to set aside the judgment and award passed by the Tribunal by allowing the appeal.
4. Learned counsel for the claimants sought to support the judgment and award of the Tribunal.
5. I have heard the learned counsel appearing for both the parties. It is seen that the Tribunal considering the material evidence on record and also the documentary evidence has properly come to the conclusion that there is negligence on the part of the driver of the BMTC and also owner of the motor cycle and apportioned the compensation payable by them by 60 : 40. The findings recorded by the Tribunal vide its judgment and award is justifiable and there is no scope either for interference or modification of the judgment and award passed by the Tribunal. The reasoning of the Tribunal while passing the impugned judgment and award is sound and proper. Therefore, I do not find any ground to interfere with the impugned judgment and award passed by the Tribunal. Accordingly, I pass the following:
ORDER The appeal is dismissed.
The judgment and award dated 6.9.2016 in MVC No.1943/2015 passed by the VIII Additional Small Causes Judge and the MACT (SCCH-5), Bengaluru, is confirmed.
The amount in deposit made by the appellant in this appeal is ordered to be transmitted to the concerned Tribunal for disbursement of compensation in favour of the claimants.
Sd/- JUDGE Bkm