IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A.No.3191/2019(MV) BETWEEN:
1. THE MANAGING DIRECOR NEKSRTC, DIVISIONAL OFFICE.
1ST DEPOT, BELLARY-583 101. R.C.OWNER OF KSRTC BUS BEARING REGISTRATION No.KA-34-F/1148.
2 . THE CHAIRMAN INTERNAL SECURITY FUNDS KSRTC CORPORATION K.H.ROAD, BANGALORE-560 027. (INSURER OF KSRTC BUS BEARING REGISTRATION No.KA-17/F-1423).
BOTH THE APPELLANTS ARE REPRESENTED BY IT’S CHIEF LAW OFFICER.
...APPELLANTS (BY SRI DABALI FAKIRAPPA SHIDRAMAPPA, ADVOCATE) AND:
S. SUNIL KUMAR @ SUNIL.S S/O SHIVANNA, AGED ABOUT 22 YEARS, PERMANENT RESIDENT OF HONNURU VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 522.
…RESPONDENT (RESPONDENT SERVED – UNREPRESENTED) THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.01.2019 PASSED IN MVC No.673/2018 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHTRADURGA, AWARDING COMPENSATION OF Rs.65,000/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALISATION.
THIS MFA COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for appellants absent. No representation. Appeal is dismissed for non prosecution. Later on, counsel for appellants appears and submits that he was held up in other court when the matter is taken up for consideration and prays to recall the order of dismissal. Since the submission is made on the same day, the order of dismissal passed earlier is recalled.
2. Heard learned counsel for appellants.
3. The appeal is directed against the judgment and award dated 21/01/2019 passed in MVC No. 673/2018 by the learned I Additional Senior Civil Judge and Addl. MACT-IV, Chitradurga, wherein, the claim petition came to be allowed in part and an amount of Rs.65,000/- by way of compensation together with interest at 8% p.a. from the date of petition till its realization was ordered.
4. The petitioner is one S. Sunil Kumar @ Sunil son of Shivanna. The details of the accident are: on 23.5.2018 at 3.20 a.m. the petitioner along with one Mylari were proceeding in a motor cycle bearing Reg.No.KA.16.EJ.7090 from Challakere to Honnur village as pillion rider and rider respectively. When they came near NH 150A road in front of SJM college, Bellary Road, Challakere Town, at that time, the driver of NEKSRTC bus bearing Reg.No.KA.34.F-1148 drove it in a rash and negligent manner with high velocity and dashed against the motor cycle of the petitioner because of which, petitioner and the other one Mylari sustained serious injuries. The present petitioner sustained grievous injuries and Mylari received grievous injuries succumbed to them at the spot.
5. The petitioner in this case claims that he has sustained grievous injuries all over the body, immediately, he was shifted to Government Hospital, Challakere for treatment, he took treatment as inpatient for one month and incurred medical expenditure of Rs.1,20,000/-. Prior to the accident he was hale and healthy and doing coolie work and earning Rs.20,000/- per month and due to accidental injuries he suffered permanent disability.
6. Respondent No.1 before the Tribunal is the Managing Director, NEKSRTC Divisional Office, 1st depot, Bellary and Respondent No.2 is Chairman, Internal security Funds, KSRTC Corporation, K.H.Road, Bangalore and respondent No.3 is Depot Manager, KSRTC Depot, Chitradurga Town. They opposes the claim petition.
7. The learned Member on the basis of the oral and documentary evidence available on file, allowed the petition in part and awarded the compensation as mentioned above. Being aggrieved of the said order, the Corporation is in appeal.
8. Learned counsel Sri. F.S. Dabali, appearing for the appellants would submit that rider had no licence and the quantum of compensation is over assessed compared to the disability and injuries suffered by the petitioner.
9. It is necessary to make a mention that mere allegations cannot take the place of proof. Positive assertion with positive evidence is required to establish the contentions.
10. Injuries suffered by the petitioner as per Ex.P10-Wound Certificate are as under:
(i) Cut injury plus right side forehead 3 x 4 cms;
(ii) Swelling of upper lip;
(iii) Cut injury of dorsal aspect of left thigh;
(iv) Avulsion of skin of dorsal aspect of left foot;
And it is opined that they are simple in nature. It appears disability is not a significant one impairing his earning capacity.
11. The learned Member assessed the compensation at Rs.65,000/- under different heads. Considering the nature of injuries suffered, the compensation awarded by the learned Member, cost of medicines, I do not find that the compensation awarded is on higher side or exorbitant. The appeal is devoid of merits and fails at this stage itself. There is no necessity of further proceedings. Accordingly, the appeal is rejected.
Amount in deposit be transmitted to the jurisdictional Tribunal, forthwith.
tsn* Sd/- JUDGE