IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR JUSTICE L.NARAYANA SWAMY MFA NO.5169/2017 (MVC) C/W MFA NOs.5170/2017, 5171/2017, 5173/2017, 5174/2017, 4726/2017, 4727/2017, 4728/2017, 4729/2017, 4730/2017, 4731/2017 IN M.F.A. NO.5169/2017 BETWEEN:
SRI. MANJUNATH S/O NAGANNA NOW AGED ABOUT 38 YEARS R/AT T.BEGUR, T.B.POST KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT – 562 123 ... APPELLANT (BY SRI. RANGE GOWDA N.R., ADV.,) AND:
THE MANAGING DIRECTOR KSRTC, K.H.ROAD SHANTHI NAGAR BANGALORE – 560 027 (BY SRI. K. NAGARAJA, ADV., ) ... RESPONDENT THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2017 PASSED IN MVC NO.5065/2014 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND THE MOTOR ACCIDENT CLAIMS TRIBUNAL (SCCH – 5) AT BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A. NO.5170/2017 BETWEEN:
SRI. SHIVAKUMAR L S/O LATE LOKESH NOW AGED ABOUT 31 YEARS R/AT T.BEGUR, T.B.POST KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT – 562 123 (BY SRI. RANGE GOWDA N.R., ADV.,) AND:
THE MANAGING DIRECTOR KSRTC, K.H.ROAD ... APPELLANT SHANTHI NAGAR BANGALORE – 560 027 (BY SRI. K. NAGARAJA, ADV., ) ... RESPONDENT THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2017 PASSED IN MVC NO.5066/2014 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSE JUDGE AND XXXIII ACMM, MEMBER, MACT, BENGALURU, (SCCH – 5), ALLOWING THE CLAIM PETITION FOR COMPENSATION ND SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A. NO.5171/2017 BETWEEN:
SRI. KUSHAL S/O SHIVAKUMAR NOW AGED ABOUT 1 YEAR R/AT T.BEGUR, T.B.POST KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT – 562 123 APPELLANT IS SINCE MINOR REPRESENTED BY HIS FATHER SHIVAKUMAR L ... APPELLANT (BY SRI. RANGE GOWDA N.R., ADV.,) AND:
THE MANAGING DIRECTOR KSRTC, K.H.ROAD SHANTHI NAGAR BANGALORE – 560 027 ... RESPONDENT (BY SRI. K. NAGARAJA, ADV., ) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2017 PASSED IN MVC NO.5067/2014 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND XXXIII ACMM, MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A. NO.5173/2017 BETWEEN:
SRI. MARIYAMMA S/O LATE LOKESH NOW AGED ABOUT 53 YEARS R/AT T.BEGUR, T.B.POST KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT – 562 123 (BY SRI. RANGE GOWDA N.R., ADV.,) ... APPELLANT AND:
THE MANAGING DIRECTOR KSRTC, K.H.ROAD SHANTHI NAGAR BANGALORE – 560 027 ... RESPONDENT (BY SRI. K. NAGARAJA, ADV., ) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2017 PASSED IN MVC NO.5069/2014 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSE JUDGE, AND XXXIII ACMM, MEMBER, MACT, BENGALURU, (SCCH-5), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A. NO.5174/2017 BETWEEN:
SRI. RAGHUKUMAR T.R S/O RAJU NOW AGED ABOUT 26 YEARS R/AT T.BEGUR, T.B.POST KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT – 562 123 ... APPELLANT (BY SRI. RANGE GOWDA N.R., ADV.,) AND:
THE MANAGING DIRECTOR KSRTC, K.H.ROAD SHANTHI NAGAR BANGALORE – 560 027 ... RESPONDENT (BY SRI. K. NAGARAJA, ADV., ) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2017 PASSED IN MVC NO.5070/2014 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSE JUDGE AND XXXIII ACMM, MEMBER, MACT, BENGALURU (SCCH – 5), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A. NO.4726/2017 BETWEEN:
THE MANAGING DIRECTOR KSRTC, K.H.ROAD SHANTHI NAGAR BANGALORE – 560 027 (OWNER KSRTC BUS NO.KA-13-F-1583) NOW THROUGH CHIEF LAW OFFICER KSRTC, BANGALORE ... APPELLANT (BY SRI. NAGARAJA K, ADV.,) AND:
SRI. MANJUNATH S/O SRI. NAGANNA AGED ABOUT 38 YEARS R/AT T.BEGUR, T.B.POST KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT ... RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2017 PASSED IN MVC NO.5065/2014 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND THE MOTOR ACCIDENT CLAIMS TRIBUNAL (SCCH-5) AT BENGALURU, AWARDING A COMPENSATION OF RS.1,00,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION FROM RESPONDENT.
IN M.F.A. NO.4727/2017 BETWEEN:
THE MANAGING DIRECTOR KSRTC, K.H.ROAD SHANTHI NAGAR BANGALORE – 560 027 (OWNER KSRTC BUS NO.KA-13-F-1583) NOW THROUGH CHIEF LAW OFFICER KSRTC, BANGALORE ... APPELLANT (BY SRI. NAGARAJA K, ADV.,) AND:
SRI. SHIVAKUMAR L S/O LATE LOKESH AGED ABOUT 31 YEARS R/AT T.BEGUR, T.B.POST KASABA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT ... RESPONDENT (RESPONDENT SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2017 PASSED IN MVC NO.5066/2014 ON THE FILE OF THE VIII ADDITIONAL SENIOR CIVIL JUDGE AND XXXIII ACMM, MEMBER – MACT, BENGALURU, AWARDING A COMPENSATION OF RS.1,00,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN M.F.A. NO.4728/2017 BETWEEN:
THE MANAGING DIRECTOR KSRTC, K.H.ROAD SHANTHI NAGAR BANGALORE – 560 027 (OWNER KSRTC BUS NO.KA-13-F-1583) NOW THROUGH CHIEF LAW OFFICER KSRTC, BANGALORE ... APPELLANT (BY SRI. NAGARAJA K, ADV.,) AND:
KUSHAL S/O SRI SHIVAKUMAR AGED ABOUT 4 YEARS R/AT T.BEGUR, T.B.POST KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT (MINOR REPRESENTED BY HIS FATHER SHIVAKUMAR ... RESPONDENT (RESPONDENT SERVED, UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2017 PASSED IN MVC NO.5067/2014 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND THE MOTOR ACCIDENT CLAIMS TRIBUNAL (SCCH-5) AT BENGALURU, AWARDING A COMPENSATION OF RS.1,50,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION FROM RESPONDENT.
IN M.F.A. NO.4729/2017 BETWEEN:
THE MANAGING DIRECTOR KSRTC, K.H.ROAD SHANTHI NAGAR BANGALORE – 560 027 (OWNER KSRTC BUS NO.KA-13-F-1583) NOW THROUGH CHIEF LAW OFFICER KSRTC, BANGALORE (BY SRI. NAGARAJA K, ADV.,) AND:
SMT. NETHRAVATHI W/O SRI. SHIVAKUMAR L AGED ABOUT 28 YEARS R/AT T.BEGUR, T.B.POST KASABA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT (RESPONDENT SERVED) ... APPELLANT ... RESPONDENT THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2017 PASSED IN MVC NO.5068/2014 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND THE MOTOR ACCIDENT CLAIMS TRIBUNAL (SCCH-5) AT BENGALURU, AWARDING A COMPENSATION OF RS.1,50,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION FROM RESPONDENT.
IN M.F.A. NO.4730/2017 BETWEEN:
THE MANAGING DIRECTOR KSRTC, K.H.ROAD SHANTHI NAGAR BANGALORE – 560 027 (OWNER KSRTC BUS NO.KA-13-F-1583) NOW THROUGH CHIEF LAW OFFICER KSRTC, BANGALORE ... APPELLANT (BY SRI. NAGARAJA K, ADV.,) AND:
SRI. MARIYAMMA W/O LATE LOKESH AGED ABOUT 53 YEARS R/AT T.BEGUR, T.B.POST KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT ... RESPONDENT (RESPONDENT SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2017 PASSED IN MVC NO.5069/2014 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSE JUDGE AND XXXIII ACMM, BENGALURU, (SCCH-5), AWARDING A COMPENSATION OF RS.5,25,000/- WITH INTEREST @ 9% P.A. (EXCLUDING FUTURE MEDICAL EXPENSES OF RS.25,000/-) FROM THE DATE OF PETITION TILL REALIZATION.
IN M.F.A. NO.4731/2017 BETWEEN:
THE MANAGING DIRECTOR KSRTC, K.H.ROAD SHANTHI NAGAR BANGALORE – 560 027 (OWNER KSRTC BUS NO.KA-13-F-1583) NOW THROUGH CHIEF LAW OFFICER KSRTC, BANGALORE ... APPELLANT (BY SRI. NAGARAJA K, ADV.,) AND:
SRI. RAGHUKUMAR T.R S/O SRI. RAJU AGED ABOUT 26 YEARS R/AT T.BEGUR, T.B.POST KASABA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT ... RESPONDENT (RESPONDENT SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2017 PASSED IN MVC NO.5070/2014 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSE JUDGE AND XXXIII ACMM, BENGALURU, (SCCH – 5), AWARDING A COMPENSATION OF RS.1,50,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT These appeals have been filed by the claimants challenging the judgment and award passed by the Tribunal on the ground of quantum and * on liability by the Corporation. Since these appeals arise out of a common judgment, they are heard together and disposed off by this common judgment.
* corrected vide chamber order dated 04.12.2017 2. Brief facts of the case as pleaded in the claim petitions are:
On 1.9.2014 at about 4.45 p.m. the petitioners were traveling in a car bearing Reg.No.KA-02-AC-6321 near Mangalore-Bengaluru high way, Hassan District . At that time, KSRTC bus bearing Reg.No.KA-13-F-1583 driven by its driver in a rash and negligent manner with high speed came into the extreme right and dashed against the petitioners. As a result of which, petitioners in all these cases have sustained injuries as mentioned in the wound certificates and they were treated in Hassan Hospital and thereafter at Sapthagiri Hospital. Therefore, these appeals have been filed by the claimants for enhancement of compensation, being aggrieved by the order passed by the tribunal.
3. Heard the learned Counsel for the parties and perused the judgment and award of the Tribunal.
4. Learned counsel for the appellants - claimants submits that the Tribunal has committed an error in awarding global compensation instead of different heads. He further submits that the accident is caused purely on the negligence on the part of the driver of the bus and the Tribunal should have fastened 100% liability on the respondent –Corporation. Hence, sought for enhancement of compensation.
5. I have gone through Ex.P2 which is spot mahazar which shows that the road width is 25 feet. * Except the evidence of RW-1 there is no material to show that the driver of the car has contributed to the accident by negligence. Hence, the compensation awarded by the Tribunal under all the * heads and liability fixed is just and proper. No * corrected vide chamber order dated 04.12.2017 grounds to interfere with the impugneds judgment. Accordingly, the appeals are dismissed.
Amount deposited by the KSRTC in these appeals is ordered to be * transmitted to Tribunal.
Sd/- JUDGE VMB * corrected vide chamber order dated 04.12.2017