IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A. No.2050/2016 C/W M.F.A.NO.2049/2016 (MV) IN MFA No.2050/2016 BETWEEN SRI THIMMANNA S/o LATE MUDLAPPA AGED ABOUT 50 YEARS R/AT DEVARAHALLI GOLLARAHATTI, KALLAMBELLA HOBLI, SIRA TALUK – 572 132. …APPELLANT (By Sri HANUMANTHARAYAPPA K, ADVOCATE) AND THE MANAGING DIRECTOR K.S.R.T.C, BENGALURU – 560 027 (BUS BEARING REG.
No.KA-01-F-7661). …RESPONDENT (By Sri D VIJAYAKUMAR, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED:24.04.2014 PASSED IN MVC No.698/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, & ADDITIONAL MACT, SIRA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA No.2049/2016 BETWEEN SMT.SHARDAMMA W/o SRI THIMMANNA AGED ABOUT 34 YEARS R/AT DEVARAHALLI GOLLARAHATTI, KALLAMBELLA HOBLI, SIRA TALUK – 572 132. …APPELLANT (By Sri HANUMANTHARAYAPPA K, ADVOCATE) AND THE MANAGING DIRECTOR K.S.R.T.C, BENGALURU – 560 027 (BUS BEARING REG.
No.KA-01-F-7661).
…RESPONDENT (By Sri B PHALAKSHAIAH, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHCILES ACT AGAINST THE JUDGMENT AND AWARD DATED:24.04.2014 PASSED IN MVC No.699/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, & ADDITIONAL MACT, SIRA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE MFAs COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT With the consent of both the learned counsel appearing for the appellant and the respondent, the appeals are taken up for final disposal.
2. MFA 2050/2016 is preferred for enhancement of compensation awarded in MVC No.698/2012 and MFA No.2049/2016 is preferred for enhancement of compensation awarded in MVC No.699/2012 whereby the claim petitions were disposed of by a common Judgment by the Senior Civil Judge, Sira. The Tribunal has awarded a compensation of `16,500/- in MVC No.698/2012 towards `loss of live-stock’ and `15,000/- in MVC No.699/2012 towards injuries suffered by the appellant-Sharadamma.
3. The accident is said to have occurred on 26.11.2004 at about 6.30 P.M. near Chikkanahalli bridge on NH-4 due to rash and negligent driving of KSRTC bus bearing Reg. No.KA-01-F-7661 which dashed to the petitioner’s wife as well as the Sheep and one Ass. As a result of it, 4 sheep, 4 Rams and one Ass have died and the petitioner in MVC No.699/2012 sustained injuries.
4. The Tribunal in MVC No.698/2012 has found that in the said accident 3 sheep and one Ass died and awarded a consolidated amount of `16,500/-. Insofar as MVC No.699/2012 is concerned, the Tribunal has concluded holding that the medical bills presented by the claimant therein are defective as such are not believable and the Doctor PW-3, who was examined, is not the one who treated the appellant –Sharadamma. However, for personal injuries a consolidated sum of `15,000/- was granted.
5. Petitioner in MVC No.698/2012 is the husband of Sharadamma, who is the petitioner in MVC No.699/2012. It was submitted by learned counsel for the respondent that there has been an enormous delay in taking up the case after a gap of eight years. However, learned counsel for the appellant submits that in such circumstances, even if the matters were to be settled the amount granted therein is exorbitant. However, no account is being given for handing over animals which were subjected to post mortem.
Thus, in the context and circumstances of the case, there appears to be no serious opposition from both the sides for quantifying the compensation at `16,500/- and `15,000/- respectively, without interest.
Consequently the appeals are partly allowed. No costs.
Sd/- JUDGE SBN