Dismissed
The Divisional Controller, N.E.K.R.T.C. v. Ramanagoud
Karnataka HCMFA/102359/2023
Case brief
from the order text
What is this about?
2024:KHC-D:9100 MFA No. 102359 of 2023 C/W…
What the court decided
AI extract
2024:KHC-D:9100 MFA No. 102359 of 2023 C/W…
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:9100 MFA No. 102359 of 2023 C/W MFA No. 102451 of 2023, MFA No. 102452 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.102359 OF 2023 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.102451 OF 2023 (MV-I) MISCELLANEOUS FIRST APPEAL NO.102452 OF 2023 (MV-I)
IN MFA NO.102359/2023
BETWEEN:
THE DIVISIONAL CONTROLLER, N.E.K.R.T.C. VIJAYAPUR, TQ & DT:VIJAYAPUR REPRESENTED BY CHIEF LAW OFFICER KKRTC, CENTRAL OFFICE, KALABURAGI.
…APPELLANT
(BY SRI S.C. BHUTI, ADVOCATE)
Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA
AND:
RAMANAGOUD S/O. SANGANAGOUD GOUDAR AGED ABOUT 40 YEARS OCC. TEACHER, R/O: DEVANAL TQ: DT: BAGALKOTE-587 204.
…RESPONDENT
(BY SRI D.M. MALLI, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988 PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 21.01.2023 PASSED IN MVC NO.173/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL
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JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-III, BAGALKOT AND ETC.
IN MFA NO.102451/2023
BETWEEN:
THE DIVISIONAL CONTROLLER, N.E.K.R.T.C. VIJAYAPUR TQ: DT: VIJAYAPUR REPRESENTED BY CHIEF LAW OFFICER KKRTC, CENTRAL OFFICE, KALABURAGI.
…APPELLANT
(BY SRI S.C. BHUTI, ADVOCATE)
AND:
SANJEEV S/O. SHANKRAPPA BABALESHWAR AGED ABOUT 21 YEARS OCC. STUDENT/SELLING NEWSPAPER AND MILK R/O: ANGANWADI TALUK: BILAGI NOW RESIDENT OF 19TH CROSS VIDYAGIRI, BAGALKOTE TQ: DT: BAGALKOTE-587 101.
…RESPONDENT
(BY SRI D.M. MALLI, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988 PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 21.01.2023 PASSED IN MVC NO.172/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-III, BAGALKOT AND ETC.
NC: 2024:KHC-D:9100 MFA No. 102359 of 2023 C/W MFA No. 102451 of 2023, MFA No. 102452 of 2023
IN MFA NO.102452/2023
BETWEEN:
THE DIVISIONAL CONTROLLER, N.E.K.R.T.C. VIJAYAPUR TQ: DT: VIJAYAPUR REPRESENTED BY CHIEF LAW OFFICER KKRTC, CENTRAL OFFICE, KALABURAGI.
…APPELLANT
(BY SRI S.C. BHUTI, ADVOCATE)
AND:
BASAVARAJ S/O. RAMANGOUDA HIREMAGI AGE: 38 YEARS OCC. TEACHER R/O. CHIKKAMAGI TALUK: HUNGUND NOW RESIDENT OF SECTOR NO.46 POT NO.243 B C/O GURULINGAPPA S. TQ: DT: BAGALKOTE-587 101.
…RESPONDENT
(BY SRI D.M. MALLI, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988 PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE COURT OF IST ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-III, BAGALKOT IN MVC. NO.74/2020 DATED 21.01.2023.
THESE APPEALS ARE COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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J U D G M E N T
As these appeals are arising out of the same accident, the tribunal passed the judgment and award dated 21.01.2023 in MVC No.173/2020, MVC.No.172/2020 and MVC No.74/2020 on the file of I Addl. Senior Civil Judge and Member, MACT-III, Bagalkot.
MFA No.102359/2023, MFA No.102451/2023 and MFA No.102452/2023 are filed by the Corporation challenging negligence and liability and seeking reduction of compensation awarded by the tribunal in MVC No.173/2020, MVC No.172/2020 and MVC No.74/2020.
On 13.06.2019 at about 4.45 p.m., when the claimantRamanagoud in MVC No.173/2020, was riding his motor cycle bearing registration No.KA.29/H.9948, alongwith a pillion rider-claimant in MVC No.172/2020, from Anagawadi
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102452 of 2023
to Gaddanakeri cross on National Highway No.218, when they reached near Anagawadi Cross, at that time, the driver of the KSRTC bus bearing registration No.KA-28/F.2264 drove the same in high speed, rash and negligent manner and dashed to the motor cycle. Due to the said impact, the claimants Ramanagoud and pillion rider Sanjeev fell down and sustained injuries. Immediately, they were shifted to Dhanush Hospital, Bagalkot and thereafter referred to Dr. Vasanad Hospital, Bagalkot for higher treatment. Hence, the first informant lodged the complaint. This led to registration of FIR and investigation.
cycle bearing registration No.KA.29/R.8750 from Budihal to Bagalkot on National Highway No.218, when he reached near crossing of old Anagawadi cross, at that time, the driver of the KSTRC bus bearing registration No.KA.28/F.2264 came from opposite direction and drove the same in a rash and negligent manner with high speed, overtook the front going one Tipper, at that time, another vehicle came in front of his vehicle, lost control over the bus and dashed to the
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102452 of 2023
claimant's motor cycle. As a result of forced impact, the claimant fell down and sustained grievous injuries and was shifted to Dr. Vasanad Hospital, Bagalkot for higher treatment. Considering the oral and documentary evidence on record i.e., evidence of PWs.1 and 2, Exs-P1 to P16, evidence of RW-1, allowed the petition of the claimants and awarded a compensation of Rs.1,24,000/- Rs.2,96,000/- and Rs.2,47,000/- respectively to the claimants.
tribunal, the Corporation has preferred these appeals contending that the KSRTC bus was moving slowly and carefully from Gaddanakeri cross towards Vijayapura i.e., from South to North direction and width of the road was 33 feet and 5 feet kachha road on each sides and at that time, one tempo was moving in front of the KSRTC bus and there was supporting wall by the left side of the said road and the driver of the tempo who was moving in front of the bus suddenly applied brake without giving signal, hence, the driver of the KSRTC bus in order to avoid the accident, took his bus to right side and at that time, the rider of the motor cycle bearing registration No. KA.29/H.9948 came from
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Anagawadi cross towards Gaddanakeri i.e., from North to South in opposite side direction and claimant in MVC No.74/2020 rider of the motor cycle bearing registration No.KA.29/R.8750 who was proceeding from Budihal to Bagalkot came on the road in high speed and dashed to the front side of the bus and caused the accident. Therefore, there is contributory negligence and hence, the Corporation is not liable to pay the compensation.
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102452 of 2023
officer clearly observed that the accused, who drove the bus in high speed in rash and negligent manner took the bus towards right direction and as such, the accident occurred. The contents of the charge sheet are not challenged by the Corporation. Hence, there is no merit in the contention of learned counsel for the Corporation in that regard.
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the claimant has not preferred any appeal. Hence, the tribunal has awarded just and reasonable compensation and no interference is called for in so far quantum of compensation awarded by the tribunal.
awarded a compensation of Rs.70,000/- towards 'pain and suffering' which is reasonable one and no interference is called in that regard.
awarded compensation of Rs.1,40,655/- which is reasonable one and no interference is called for.
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no interference is called for in so far quantum of compensation awarded by the tribunal.
REG: MFA No.102451/2023(MVC No.172/2020)
that in case of injury or death of a minor, the tribunal ought to have awarded compensation in terms of the ratio laid down in the case of Master Mallikarjun v. Divisional
Manager, The National Insurance Company Limited
and Another reported in AIR 2014 SC 736 .
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swelling.
As per the opinion of the Doctor, injury No.4 is grievous in nature and injury Nos.1 to 3 are simple in nature. As per settled law, for one grievous injury, the claimant is entitled for Rs.40,000/- and for additional three simple injuries, the claimant is entitled for Rs.5,000/- each. In all, the claimant is entitled for a compensation of Rs.55,000/- towards 'pain and suffering'.
The tribunal considering the medical bills awarded a compensation of Rs.1,55,908/- which is reasonable one and no interference is called for in this regard.
In view of the ratio laid down in the case of Master Mallikarjun's case, the claimant is not entitled for compensation under the head 'loss of future income due to permanent disability', but the tribunal has awarded a compensation of Rs.51,840/- considering the nature of injuries suffered by minor claimant, mental trauma and loss of income during laid up period suffered by the parents of minor, it is just and fair to retain the award. The tribunal awarded a sum of Rs.8,000/-, Rs.10,000/-
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and Rs.10,000/- towards 'transportation, nourishment, conveyance and attendant charges', 'future medical expenses' and 'loss of amenities' which are reasonable and no interference is called for in said regard.
In all, the claimant is entitled for a compensation of Rs.2,95,948/- which is not high and exorbitant. Hence, there is no merit in the contention of the learned counsel for the Corporation.
Hence, the appeals filed by the Corporation liable to be dismissed, as being devoid of merit.
Accordingly, I pass the following
ORDER
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Sd/JUDGE
MN List No.: 1 Sl No.: 32
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
The Divisional Controller, N.E.K.R.T.C. Vijayapur
Ramanagoud S/o. Sanganagoud Goudar
Sanjeev S/o. Shankrappa Babaleshwar
Basavaraj S/o. Ramangouda Hiremagi
Venkatesh Naik T
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court