IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT M.F.A NO.5829 OF 2018 (MV) c/w M.F.A NO.9401 OF 2018 (MV) IN MFA NO.5829/2018 BETWEEN:
THE DIVISIONAL CONTROLLER K.S.R.T.C. HASSAN, PRESENTLY BY THE K.S.R.T.C., CENTRAL HEAD OFFICE, KH ROAD, DOUBLE ROAD, SHANTINAGAR, BAENGLAURU-560 027.
BY ITS CHIEF LAW OFFICER. …APPELLANT (BY SRI. S.RAJASHEKAR, ADVOCATE) AND:
1. NARAYANA, S/O. GARE ANNAIAH, AGED ABOUT 47 YEARS 2. GEETHA, W/O. NARAYANA, AGED ABOUT 47 YEARS 3. RAGHUNANDANA, S/O. NARAYANA, AGED ABOUT 29 YEARS 4. MAMATHA S.N., D/O. NARAYANA, AGED ABOUT 21 YEARS ALL ARE RESIDING AT VINOBHA ROAD, CHOUDIBANA, SAKALESHPURA TOWN, HASSAN DISTRICT-573 134.
(BY SRI. GIRISH B.BALADARE, ADVOCATE) …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 19.02.2018, PASSED IN MVC NO.1644/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, SAKLESHPURA, AWARDING COMPENSATION OF RS.6,78,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.9401/2018 BETWEEN:
1. NARAYANA, S/O. GARE ANNAIAH, AGED ABOUT 51 YEARS 2. GEETHA, W/O. NARAYANA, AGED ABOUT 47 YEARS 3. RAGHUNANDANA, S/O. NARAYANA, AGED ABOUT 30 YEARS 4. MAMATHA S.N., D/O. NARAYANA, AGED ABOUT 23 YEARS THE APPELLANTS ARE RESIDING AT VINOBHA ROAD, CHOUDIBANA, SAKALESHPURA TOWN, HASSAN DISTRICT-573 201.
(BY SRI. GIRISH B.BALADARE, ADVOCATE) …APPELLANTS AND:
DIVISIONAL CONTROLLER KSRTC, BENGALURU DIVISION, REPRESENTED BY: DIVISIONAL CONTROLLER, KSRTC, HASSAN, 573 201.
(BY SRI. S.RAJASHEKAR, ADVOCATE) ...RESPONDENT THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 19.02.2018, PASSED IN MVC NO.1644/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, SAKLESHPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT Appeal in MFA No.5829/2018 by the KSRTC and the appeal in MFA No.9401/2018 by the claimants lay a challenge to the judgment & award dated 19.02.2018 whereby the MACT, Shakleshpur having favoured the claim petition in MVC No.1644/2016 has awarded a compensation of Rs.6,78,000/- with interest @ 9% p.a. subject to usual condition of bank deposit.
2. The challenge by the KSRTC is on the ground that the compensation awarded is on the higher side and that the contributory negligence attributable to the deceased has not been taken into consideration. The challenge by the claimants is on the ground that the compensation is awarded on a meager scale and that the increment admissible under the decision of Apex Court in NATIONAL INSURANCE COMPANY LIMITED V. PRANAY SETHI AND OTHERS, reported in AIR 2017 SC 5157, has not been granted.
3. Having heard the learned counsel for the parties and having perused the appeal papers, both the appeals are liable to be negatived for the following reasons:
a. the contributory negligence attributable to the deceased which is spoken of by PW.2 Siddaraju, the pillion rider of the victim motor bike has not been adverted to by the MACT. Similarly, the MACT also has not taken into consideration the incremental value which the Apex court spoke of at para 65 of its decision in the Pranay Sethi’s case;
b. if discount on account of contributory negligence is set off against the incremental value, the award of compensation otherwise also is just and reasonable, regardless of the quality of juridical reasoning in the impugned judgment & award in question; and c. the rate of interest ordinarily being 6%, the tribunal has awarded 9%, which is apparently to the advantage of the claimant.
In the above circumstances, both the appeals are dismissed.
The amount in deposit shall be transmitted to the Jurisdictional MACT for immediate disbursement to the claimants.
No costs.
Sd/- JUDGE DS