Second respondent Corporation appealed against an Motor Accident Claims Tribunal award granting Rs.16,32,000 to deceased's heirs. Court found that despite arguments on contributory negligence, the appealed award was not low enough to warrant interference on grounds of notional income or multiplier.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 1ST DAY OF DECEMBER 2020
PRESENT
THE HON’BLE MR. JUSTICE G.NARENDAR
AND
THE HON’BLE MR. JUSTICE M.I.ARUN
M.F.A. NO.103175/2018 (MV)
BETWEEN:
THE DIVISIONAL CONTROLLER, NEKRTC, KOPPAL, DEPOT KOPPAL, DIST: KOPPAL, REPRESENTED BY CHIEF LAW OFFICER, NEKRTC, KALABURGI.
(BY SRI. P.N. HOSAMANE, ADVOCATE)
AND
ALL ARE R/O NEAR NEW BUS STAND, VENKATRAO COLONY, SINDHANOOR, DIST: RAICHUR.
RESPONDENTS NO. 3 AND 4 ARE MINORS, U/G OF THEIR NATURAL GUARDIAN MOTHER JAMILA VASIM, I.E RESPONDENT NO.1.
(SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 20.06.2018 PASSED IN M.V.C. NO. 185/2016 ON THE FILE OF THE CIVIL JUDGE (SR. DN.) AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOPPAL & ETC.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS, THIS DAY, M.I. ARUN J., DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the order passed by the learned Civil Judge (Sr. Dn.) and Addl. MACT at Koppal dated 20.06.2018, the respondent No.2-N.E.K.R.T.C. has preferred this appeal.
On 11.01.2016, the deceased Syed Zaheer and his
mother deceased Ameena Begum were proceeding on a motorcycle bearing No. KA-36/W-229 on NH-63 KoppalHospet road. When the motorcycle reached near Deputy Commissioner Office on Hospet-Koppal road, the N.E.K.R.T.C. bus bearing No. KA-37/F-4559 came from opposite direction and there was an accident between the said motorcycle and the bus resulting in the death of Syed Zaheer and Ameena Begum. The legal heirs of deceased Syed Zaheer preferred M.V.C. No. 185/2016. The Tribunal after examining the pleadings and the evidence recorded therein, awarded a compensation of Rs.16,32,000/-. Aggrieved by the said award, the second respondent-Corporation has preferred this appeal.
bus but there was contributory negligence on the part of the rider of the motorcycle. Our attention is drawn to Ex.P.3 and Ex.P.4 which are copy of the spot panchanama and spot sketch and it is contended that the accident happened in the middle of the road and it could happen only when there is contributory negligence on the part of the rider of the motorcycle. However, it is noticed that the eyewitness P.W.3 has spoken that the accident happened only due to the rash and negligent driving of the bus by its driver and not the motorcycle.
For the foregoing reasons, the appeal is dismissed. Amount in deposit, if any, shall be transmitted to the Tribunal forthwith along with the original records.
Sd/JUDGE
Sd/JUDGE
bvv
1 provisions across 1 enactments
N.E.K.R.T.C. (represented by Chief Law Officer, Kalaburagi)
Jamila Vasim
Kumari Syeda Saha Afroj
Kumar Syed Usman Ayan
Kumari Sayeda Zeba Muskan
G.Narendar
M.I.Arun
As recorded by the court registry
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