Partly allowed

Abdul Khuddus v. Divisional Controller Ksrtc

Karnataka HC21 Oct 2024MFA/4100/2021

Case brief

AI extract

What is this about?

Cross-appeal between KSRTC and claimants over a fatal bus-motorcycle accident. The court upheld the Tribunal's finding of negligence by the bus driver and dismissed KSRTC's appeal. It enhanced compensation from Rs.9,46,000 to Rs.20,63,300 using a notional income of Rs.12,500 with 40% future prospects.

What did the court decide?

Compensation enhanced from Rs.9,46,000 to Rs.20,63,300 with 6% p.a. interest from date of petition; KSRTC directed to deposit within two months.

Abdul Khuddus Vs Divisional Controller Ksrtc — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:42566 MFA No. 4100 of 2021 C/W MFA No. 2187 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA

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MISCELLANEOUS FIRST APPEAL NO. 4100 OF 2021

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C/W

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MISCELLANEOUS FIRST APPEAL NO. 2187 OF 2020

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IN MFA No. 4100/2021:

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BETWEEN:

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ABDUL KHUDDUS S/O BABA SAB AGED ABOUT 58 YEARS,

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SINCE DEAD BY HIS LRS

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DILSHAD BANU

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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W/O ABDUL KHUDDUS AGED ABOUT 53 YEARS, PRESENT ADDRESS

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C/O SHAKH, MALLIKARJUNA NAGARA 4TH MAIN ROAD, SAKALESHPURA.

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R/AT EDGA MOHALLA, A B M HALLI, MALLIPATTANA HOBLI ARAKALAGUDE TALUK.

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UMAS PASHA

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S/O ABDUL KHUDDUS AGED ABOUT 41 YEARS, GONIKOPPA, HARISH COMPOUND, VEERAJAPETE.

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AYUB PASHA

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S/O ABDUL KHUDDUS AGED ABOUT 39 YEARS,

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2 - NC: 2024:KHC:42566 MFA No. 4100 of 2021 C/W MFA No. 2187 of 2020

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4. KHAYUM PASHA W/O ABDUL KHUDDUS AGED ABOUT 37 YEARS,

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PETITIONER No. 1, 2, 4 AND 5 ARE R/AT EDGA MOHALLA, A B M HALLI, MALLIPATTANA HOBLI ARAKALAGUDE TALUK.

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FASIHA BANU W/O TANVEER PASHA AGED ABOUT 35 YEARS, DAUD SAB STREET, 3^RD CROSS, BELUR

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…APPELLANTS

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(BY SRI. SHRIPAD V SHASTRI., ADVOCATE)

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AND:

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DIVISIONAL CONTROLLER, KSRTC, CHIKKAMAGALURU.

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…RESPONDENT

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(BY SRI. B.PALAKSHAIAH., ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.09.2019 PASSED IN MVC NO. 1638/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., M.A.C.T., SAKALESHPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 2187/2020:

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BETWEEN:

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THE DIVISIONAL CONTROLLER KSRTC CHIKKAMAGALURU, NOW REP. CHIEF LAW OFFICER,

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3 - NC: 2024:KHC:42566 MFA No. 4100 of 2021 C/W MFA No. 2187 of 2020

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SARIGE BHAVANA, KH ROAD, SHANTHINAGARA, BANGALORE-560027.

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...APPELLANT

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(BY SRI. B PALAKSHAIAH., ADVOCATE)

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AND:

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ABDUL KHUDDUS S/O BABASAB, AGE 57 YEARS,

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DILSHAD BANU W/O ABDUL KHUDDUS AGE 52 YEARS,

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BOTH C/O SHAKH, MALLIKARJUNANAGARA, 4^TH MAIN ROAD, SAKALESHPURA-573127.

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UMAS PASHA S/O ABDUL KHUDDUS AGE 40 YEARS, R/A GONIKOPPA, N HARISH COMPOUND, VERJAPETE-571218.

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AYUB PASHA S/O ABDUL KHUDDUS AGE 38 YEARS,

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KHAYUM PASHA S/O ABDUL KHUDDUS AGE 36 YEARS,

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BOTH ARE RESIDING AT EDGA MOHALLA, ABM HALLI, MALLIPATTANA HOBLI, ARKALGUDU TALUK-573102.

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FASIHA BANU W/O THANVEER PASHA, AGE 34 YEARS,

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4 - NC: 2024:KHC:42566 MFA No. 4100 of 2021 C/W MFA No. 2187 of 2020

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R/AT DAUD SAB STREET, 3RD CROSS, BELUR-573115.

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...RESPONDENTS

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(BY SRI. SHRIPAD V.SHASTRI., ADVOCATE FOR R-1 TO R-6)

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THIS MFA IS FILED UNDER SECTION 173(1) OF THE MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:03.09.2019 PASSED IN MVC NO.1638/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SAKALESHPUR, AWARDING COMPENSATION OF RS.9,46,000/WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.

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THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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ORAL JUDGMENT

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The KSRTC as well as the claimants are in appeal.

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The KSRTC is in appeal contending that the Tribunal

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had erred in holding that the driver of the bus was driving the bus in a rash and negligent manner and that was the reason for the accident. They seek to produce a photograph along with an application in this appeal to contend that the negligence was on the part of the rider of the motorcycle.

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5 - NC: 2024:KHC:42566 MFA No. 4100 of 2021 C/W MFA No. 2187 of 2020

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The Tribunal, on the other hand, has recorded a finding on the basis of rough sketch produced by the driver which indicated that the accident had occurred at a curve and it has accordingly concluded that the accident was due to the rash and negligent driving of the driver of the bus. It has also taken note of the fact that the police after investigation had laid a charge sheet against the driver of the KSRTC.

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In my view, having regard to the spot mahazar and IMV report, it is clear that the accident had occurred due to the rash and negligent driving of the driver of the bus. The fact that the police had laid a charge sheet against the driver of the bus also fortifies the same. In this view of the matter, there is no merit in the appeal of the KSRTC and the same is therefore dismissed .

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As far as the appeal of the claimants seeking enhancement is concerned. The Tribunal has recorded a finding that the deceased was earning a sum of Rs.8,000/per month notionally, since there was no evidence as to

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6 - NC: 2024:KHC:42566 MFA No. 4100 of 2021 C/W MFA No. 2187 of 2020

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the actual income of the deceased. In such circumstances, since the accident is of the year 2018, it would be appropriate to adopt the notional income determined by the Karnataka State Legal Services Authority, which would be Rs.12,500/-. Since the deceased was aged 28 years, future prospects of 40% requires to be added to the same, which makes his income to be Rs.17,500/- (Rs.12,500/- + Rs.5,000/-). Since the deceased was a bachelor, 50% requires to be deducted from the same, which makes his income to be Rs.8,750/-.

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Thus, the claimants would be entitled to

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Rs.17,85,000/- (Rs.8,750/- X 12 X 17) towards loss of dependency.

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The claimants would also be entitled to Rs.48,400/-

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each towards loss of love and affection, which would be Rs.2,42,000 /- (Rs.48,400/- X 5 members). They are also entitled to a sum of Rs.36,300/- towards miscellaneous expenses.

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7 - NC: 2024:KHC:42566 MFA No. 4100 of 2021 C/W MFA No. 2187 of 2020

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Thus, the claimants would be entitled to a sum of Rs.20,63,300/- as against Rs.9,46,000/as

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compensation along with interest at the rate of 6% p.a. on the enhanced compensation from the date of petition till its realization.

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The KSRTC is directed to deposit the amount of compensation within a period of two months from the date of receipt of a copy of this judgment.

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The other aspects of the award of the Tribunal remain undisturbed.

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The appeal of the claimants is accordingly allowed in part .

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Sd/(N S SANJAY GOWDA) JUDGE

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PKS

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List No.: 1 Sl No.: 47

Abdul Khuddus v. Divisional Controller Ksrtc

Case brief

What is this about?

What did the court decide?

Abdul Khuddus v. Divisional Controller Ksrtc

Case brief

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What did the court decide?

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