Appeals against a Motor Accidents Claims Tribunal award were dismissed. The court rejected contributory negligence claims and held the awarded compensation just and proper, with no scope for enhancement or reduction.
Appeals and cross-objections were dismissed; compensation amount ordered to be transmitted to the Tribunal.
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.
NC: 2024:KHC-D:2853 MFA No. 100073 of 2016 C/W MFA No. 100895 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.100073 OF 2016 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.100895 OF 2017
IN M.F. A. NO.100073 OF 2016
BETWEEN:
THE MANAGING DIRECTOR, NWKRTC, HUBBALLI THROUGH ITS DIVISIONAL CONTROLLER, NWKRTC, BELAGAVI DIVISION, BELAGAVI, R/BY THE AUTHORIZED SIGNATORY, CHEIF LAW OFFICER, NWKRTC, CENTRAL OFFICES, GOKUL ROAD, HUBBALLI.
…APPELLANT
(BY SRI. S.C. BHUTI, ADVOCATE)
Digitally signed by SAROJA SAROJA HANGARAKI HANGARAKI Date: 2024.02.19 16:07:40 +0530
AND:
SHRI. PRABHAKAR ANNU PUJARI, AGE: 37 YEARS, OCC:PIGMY COLLECTOR AND COUNTER MANAGER(NOW NIL), KORDITLU, TQ:KOPPA, DIST:CHIKKAMAGALURU, NOW AT III MAIN ROAD, SHIVAJI NAGAR, BELAGAVI.
…RESPONDENT
(BY SRI. HANUMANT R.LATUR, ADVOCATE)
THIS M.F.A. IS FILED U/S.173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 24.08.2015 PASSED IN MVC NO.1025/2013 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI, AWARDING THE COMPENSATION OF RS.6,08,887/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION.
IN M.F. A. NO.100895 OF 2017
BETWEEN:
SHRI. PRABHAKAR S/O. ANNU PUJARI, AGE: 39 YEARS, OCC:PIGMY COLLECTOR AND COUNTER MANAGER(NOW NIL), R/O. KORDITLU, TQ:KOPPA, DIST:CHIKKAMAGALURU, NOW AT III MAIN ROAD, SHIVAJI NAGAR, BELAGAVI, TQ. AND DIST BELAGAVI.
…APPELLANT
(BY SRI. HANUMANT R.LATUR, ADVOCATE)
AND:
THE MANAGING DIRECTOR, NWKRTC, HUBBALLI THROUGH ITS DIVISIONAL CONTROLLER, NWKRTC, BELAGAVI DIVISION, BELAGAVI, DIST. BELAGAVI, PIN-590001.
…RESPONDENT
(BY SRI. S.C. BHUTI, ADVOCATE)
THIS M.F.A. IS FILED U/S.173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 24.08.2015 PASSED IN MVC NO.1025/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE M.F.A., ARE COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC-D:2853 MFA No. 100073 of 2016 C/W MFA No. 100895 of 2017
JUDGMENT
Heard Sri.S.C.Bhuti, learned counsel for the appellant and
Sri.Hanumanth R. Latur, learned counsel for the respondent.
Sri.Prabhakar Annu Pujari sustained accidental injuries involving a bus bearing No.KA-25/F-2618 on 15.09.2012 at about 2.15 p.m. Claimant was the pillion rider of the motorcycle bearing No.KA-22/ED-7740.
NC: 2024:KHC-D:2853 MFA No. 100073 of 2016 C/W MFA No. 100895 of 2017
| 1 | Loss of future income | Rs.3,15,000/- |
|---|---|---|
| 2. | Pain and sufferings | Rs.50,000/- |
| 3. | Loss of amenities in life | Rs.60,000/- |
| 4. | Medical expenses | Rs.1,27,887/- |
| 5. | Diet, nourishment, attendant charges | Rs.15,000/- |
| 6. | Loss of earning during laid up period | Rs.21,000/- |
| 7. | For future medical expenses | Rs.20,00/- |
| TOTAL | Rs.6,08,887/- |
working as the pigmi agent but also as a bar attender. Therefore, taking the income in a sum of Rs.7,000/- is proper. On the question of pain and suffering and loss of amenities of
life, the Tribunal has granted Rs.50,000 and Rs.60,000/-.
the quantum of compensation awarded by the Tribunal is just and proper.
ORDER
Sd/JUDGE
KAV
List No.: 2 Sl No.: 33
2 issues framed by the court
Whether contributory negligence can be attributed to the motorcycle rider given a charge sheet against the bus driver.
Whether the compensation quantum awarded by the Tribunal is just, proper and requires modification.
The Managing Director, NWKRTC, Hubballi
Shri. Prabhakar Annu Pujari
V. Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
