IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE N.K.SUDHINDRARAO M.F.A. NO.1733 OF 2019 (MV – D) BETWEEN The Divisional Controller NWKRTC, Belgaum Division, Belgaum.
Now Represented by North Western Karnataka Road Transport Corporation, Central Office, Hubli.
Now Represented by its Chief Law Officer, Central Office, Hubli.
... Appellant (By Smt. Nirmala, Advocate) AND 1. A.P.Moheedd, Aged 64 years, S/o A.P.Mookari, Masjid Road, Kargil, Sagar Taluk, Shimoga District.
2. Gaddigeppa, S/o Hanjibutti, Ages 36 years, Chikkumbi Grama & Post, Savadatti Taluk, Belgaum District.
3. Managing Director, KSRTC, K.H.Road, Bangalore – 560 001.
... Respondents This MFA is filed under Section 173(1) of MV Act against the Judgment and Award dated:29.09.2018, passed in MVC No.1016/2014, on the file of the Senior Civil Judge and M.A.C.T. – 9, Sagar, awarding compensation of Rs.2,40,000/- with interest at 6% from the date of petition.
This MFA coming on for orders, this day, the Court delivered the following:
JUDGMENT Though this appeal is coming up for consideration on the issue of notice on main appeal and also on I.A.1/2019 filed for condonation of delay of 23 days in preferring the appeal and I.A.2/2019 filed seeking stay, in the nature and the circumstances of the case, I.A.1/2019 is allowed. Delay of 23 days in filing the appeal is condoned. The matter is taken up for final disposal.
2. The appeal by NWKRTC is directed against the judgment and award dated 29.09.2019 passed in MVC No.1016/2014 on the file of the Senior Civil Judge and MACT - 9, Sagar, wherein the claim petition filed by the father of the deceased came to be allowed in part and compensation of Rs.2,40,000/- together with interest at 6% per annum was granted with liberty to recover the same from the appellant herein.
3. The matter pertains to the death of one A.P. Ahammed who was riding motor cycle bearing registration No.KA-15/HE-6427 near Doddaiah Circle. At that time, bus bearing registration No.KA-42-F-803 coming from the opposite side from Joga dashed to the motor cycle, because of which, the rider sustained massive injuries and succumbed to them. The petition is filed by the father of the deceased. The deceased was aged 17 years at the time of death.
4. The learned Member, MACT, allowed the claim petition in part and granted compensation of Rs.3,00,000/- under various heads.
5. The learned Member has considered the multiplier on the basis of the age of the father and granted the compensation of Rs.2,40,000/- with interest at 6% p.a., which I am not inclined to accept. The age of the victim has to be considered. Learned counsel submits that deceased was not wearing helmet. With all that, the circumstances existing do not come in the way of claiming compensation. However, the learned Member who has adjudicated the matter on facts has considered negligence on the part of the rider of the motor cycle at 20%. In the circumstances, considering the age of the victim at the time of death, a total compensation of Rs.5,00,000/- is to be granted. In this connection, there is no appeal coming up, if any, preferred by the respondent/claimant.
6. The principle of law applicable to the case on hand is that the entitlement of the claim has to be fair and just compensation, despite the fact whether appeal is preferred or otherwise. The first cause has to be considered as a sufficient cause of action.
7. The Tribunal, basically was not debarred from considering the compensation which the claimant was legally entitled.
8. Regarding the minority of the deceased, the principle laid down in Kishan Gopal and another vs. Lala and others, reported in 2013 AIR SCW 5037 is considered for disposal.
9. The appeal does not bear grounds for proceeding further. It deserves to be rejected at this stage itself. However, the liability of compensation stands enhanced to Rs.5,00,000/-, however, maintaining the proportionate negligence of 20% which is saddled on the rider of the motor cycle. Accordingly, the appeal is rejected.
10. The award amount shall be deposited together with interest at the rate of 6% p.a. from the date of petition till deposit including the enhanced compensation awarded in this appeal, within four weeks from the date of receipt of copy of this order.
In view of disposal of the main matter, I.A.No.2 of 2019 filed for granting stay does not survive for consideration. Consequently, it is rejected.
Sd/- JUDGE Mgn/-