Appeal against Motor Vehicle Claims Tribunal award of Rs. 6,27,000 compensation for death of Sangayya. Court found negligence attributable to bus driver despite bus driver's testimony blaming the motorcyclist.
Mp挽留 Filed appeal dismissed; compensation award and finding of negligence maintained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 MFA NO.30394/2010 (MV)
IN THE HIGH COURT OF KARNATAKA GULBARGA BENCH
DATED THIS THE 27TH DAY OF OCTOBER, 2014
BEFORE
THE HON’BLE MR. JUSTICE A.S.PACHHAPURE
MISCELLANEOUS FIRST APPEAL No.30394 OF 2010 [MV]
BETWEEN:
NORTH EAST KARNATAKA ROAD TRANSPORT CORPORATION BIJAPUR DIVISION, BIJAPUR REP BY ITS CHIEF LAW OFFICER
… APPELLANT
[BY SRI:SUBHASH MALLAPUR, ADV]
AND:
2. SAGAR
S/O SANGAYYA HIREMATH AGE:06 YEARS
3. DEVI
D/O SANGAYYA HIREMATH AGE: 04 YEARS
(2 & 3 BEING MINORS U/G OF THEIR NATURAL MOTHER)
2 MFA NO.30394/2010 (MV)
ALL R/O DEVUR VILLAGE TQ:MUDDEBIHAL
… RESPONDENTS
[BY SRI:S K KANKATTE, ADV FOR C/R1 & R2 TO 4]
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.12.2009 PASSED IN MVC NO.77/2006 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL VII AT MUDDEBIHAL, PARTLY ALLOWING THE CLAIM PETITION AND AWARDING THE COMPENSATION OF RS.6,27,000/WITH INTEREST AT 6% P.A.
THIS MFA COMING ON FOR HEARING, THIS DAY THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
The appellant has challenged the quantum of compensation granted to the respondents for the death of one Sangayya in a motor vehicle accident and also the finding on negligence.
3 MFA NO.30394/2010 (MV)
Sangayya was proceeding on his motor cycle bearing registration No.KA-25/Q-4617 on the way towards Devur, at that time, a KSRTC bus bearing
registration No.KA-29/F-401 came from the opposite direction driven in a rash and negligent manner and hit the motor cycle, thereby Sangayya sustained grievous injuries and on the way to the hospital, he died. His legal representatives i.e., mother, wife and children made a claim for compensation for loss of dependency and other conventional heads.
The claim petition was clubbed with another claim petition of the injured and common evidence was permitted.
On behalf of the claimants, PW1 was examined and in the evidence, documents Exs.P1 to P11 were marked. RW1 was examined on behalf of the appellant. The Tribunal after hearing
4 MFA NO.30394/2010 (MV)
the counsel and on appreciation of the evidence on record, allowed the claim petition and granted total sum of Rs.6,27,500/- with interest at 6% per annum. Aggrieved by the award and also the finding on negligence, the present appeal is filed by the KSRTC.
the parties.
consideration is:
“1. Whether the accident was solely due to the negligence of deceased Sangayya?
awarded is on the higher side?”
submits that the accident was due to the negligence of deceased Sangayya and the Tribunal committed an error in accepting the documents
5 MFA NO.30394/2010 (MV)
and oral evidence of the respondents. He submits that RW1 - the driver of bus was examined and his evidence clearly indicates that the negligence was on the part of rider of the motor cycle. He submits that the quantum of compensation awarded is on the higher side.
information report (Ex.P1) and copy of complaint (Ex.P2) reveals that the negligence was attributed against the driver of bus. After investigation, police filed the chargesheet against the bus driver. Though the spot mahazar (Ex.P4) has been produced, on going through the said document, it is not possible to fix the exact place of the accident on the road.
evidence, he states that it was the rider of motor cycle who was negligent and hit the bus which was proceeding on the proper side of the
6 MFA NO.30394/2010 (MV)
road. If really, there was negligence on the part of rider of the motor cycle, RW1 would have lodged the complaint of rash and negligent driving of the motor cycle. He did not take any steps to fulfill the requirement. For the first time, in the evidence before the Tribunal, he speaks to the negligence on the part of rider of the motor cycle.
looked into, it appears that the accident is due to the negligence on the part of bus driver. That apart, the bus is a large vehicle and motor cycle is a small vehicle and the driver of bus could have noticed the motor cycle which came from the opposite direction. As the driver of bus he has larger responsibility against the rider of the small vehicle, I think that he could have discharged his responsibility by taking his vehicle to the extreme left side. In the absence of any supporting evidence of RW1,
7 MFA NO.30394/2010 (MV)
the finding of negligence cannot be interfered with.
is concerned, the Sangayya, the deceased was a married person. He has two children through the wedlock. He was maintaining his mother. The accident is of the year 2005. The Tribunal has considered his income at Rs.4,500/- deducting 1/4th towards personal expenses, the compensation has been granted towards loss of dependency. The person who owned the motor cycle was maintaining the claimants. The income could be considered at Rs.4,500/- as fixed by the Tribunal. That apart, the tribunal has not considered the loss of future prospects.
awarded towards loss of consortium and other conventional heads. Taking into consideration the aforesaid facts and circumstances in the context of the material placed on record, I do
8 MFA NO.30394/2010 (MV)
not find any justifiable grounds to call for interference in the impugned judgment and award. Hence, point No.1 is answered in negative and point No.2 is answered in affirmative.
The appeal fails and it is accordingly
dismissed.
Sd/JUDGE
*bgn/-
2 issues framed by the court
Whether the motor vehicle accident was solely due to the negligence of the deceased Sangayya?
Whether the compensation awarded by the Tribunal is on the higher side and requires interference?
1 provisions across 1 enactments
North East Karnataka Road Transport Corporation Bijapur Division
Sangeetha W/O Sangayya Hiremath
Sagar S/O Sangayya Hiremath
Devi D/O Sangayya Hiremath
Sangamma W/O Siddayya Hiremath
A.S.Pachhapure
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
