Appeals by KSRTC and the claimant against a motor accident award arising from a bus-van collision. The court upheld negligence findings, enhanced compensation for pain and sufferings, loss of amenities and attendant charges to Rs.3,73,070, and scaled down interest from 8% to 6% per annum following Joyeeta Bose.
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:33363 MFA No. 4633 of 2019 C/W MFA No. 4632 of 2019 MFA No. 5157 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 4633 OF 2019 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO. 4632 OF 2019(MV) MISCELLANEOUS FIRST APPEAL NO. 5157 OF 2019(MV)
IN MFA 4633/2019 BETWEEN:
THE MANAGING DIRECTOR KSRTC, CENTRAL OFFICE BANGALORE REP. BY DIVISIONAL CONTROLLER KSRTC, HASSAN DIVISION B.M.ROAD, HASSAN NOW THROUGH CHIEF LAW OFFICER KSRTC, BANGALORE.
…APPELLANT
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
(BY SRI. NAGARAJA K.,ADVOCATE)
AND:
SRI SHIVAKUMAR S/O LATE ARJUN RAO AGED ABOUT 40 YEARS R/O SHIVAKRUPA NILAYA NEAR KASHI VISHWANATHA TEMPLE HUNASINAKARE ROAD, HASSAN.
...RESPONDENT
(BY SMT. SHARADAMBA A.R., ADVOATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13/02/2019, PASSED IN MVC NO.2030/2017, ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT, HASSAN, AWARDING COMPENSATION OF RS.2,93,070/-, WHEREAS INTEREST AT THE RATE OF 8% P.A., IS ON RS.2,63,070/FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA 4632/2019 BETWEEN:
THE MANAGING DIRECTOR KSRTC, CENTRAL OFFICE BANGALORE REP. BY DIVISIONAL CONTROLLER KSRTC, HASSAN DIVISION B.M.ROAD, HASSAN NOW THROUGH CHIEF LAW OFFICER KSRTC, BANGALORE.
…APPELLANT
(BY SRI. NAGARAJA K.,ADVOCATE)
AND:
SMT. GEETHA W/O SRI. SHIVAKUMAR AGED ABOUT 35 YEARS R/O SHIVAKRUPA NILAYA NEAR KASHI VISHWANATHA TEMPLE HUNASINAKARE ROAD, HASSAN.
...RESPONDENT
(BY SMT. SHARADAMBA A R, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13/02/2019, PASSED IN MVC NO.2031/2017, ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT, HASSAN, AWARDING COMPENSATION OF RS.30,000/-, WHEREAS INTEREST AT THE RATE OF 8% P.A., FROM THE DATE OF PETITION TILL REALIZATION.
NC: 2024:KHC:33363 MFA No. 4633 of 2019 C/W MFA No. 4632 of 2019 MFA No. 5157 of 2019
IN MFA 5157/2019 BETWEEN:
SRI SHIVAKUMAR S/O LATE ARJUN RAO AGED ABOUT 40 YEARS R/O SHIVAKRUPA NILAYA NEAR KASHI VISHWANATHA TEMPLE HUNASINAKARE ROAD, HASSAN-573201.
...APPELLANT
(BY SMT. SHARADAMBA A R, ADVOCATE)
AND:
THE MANAGING DIRECTOR KSRTC, CENTRAL OFFICE BANGALORE REP. BY DIVISIONAL CONTROLLER KSRTC, HASSAN DIVISION HASSAN-573201.
...RESPONDENT
(BY SRI. NAGARAJA K, ADVCOATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13/02/2019, PASSED IN MVC NO.2030/2017, ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
MFA Nos.2030/2017 and 2031/2017 are filed by the Corporation under Section 173(1) of the Motor Vehicles Act, (for short, ‘the Act’) being aggrieved by the judgment and award dated 13.02.2019 passed by the Senior Civil Judge and Motor Accident Claims Tribunal (for short ‘the Tribunal’), whereas MFA No.2030/2017 is filed by the claimant. Since the challenge is to the same judgment, all the appeals are clubbed together, heard and common judgment is being passed.
claimants sustained grievous injuries and were
hospitalized.
NC: 2024:KHC:33363 MFA No. 4633 of 2019 C/W MFA No. 4632 of 2019 MFA No. 5157 of 2019
were got exhibited. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimants sustained injuries. The Tribunal further held that the claimants are entitled to compensation of Rs.2,93,070/and Rs.30,000/-, respectively, along with interest at the rate of 8% p.a. and directed the Corporation to deposit the compensation amount along with interest. Being aggrieved, the present appeals have been filed.
Re.Negligence:
(i) Firstly, the accident occurred due to the negligence of both the driver of the Maruthi van as well as the driver of the bus. He contended that the width of the road is 15 ft. and the bus is a heavy vehicle. It requires more space to move on the road. The Martuthi van is a small vehicle, he could have moved the vehicle to the extreme left side
where there is a space, then he could have avoided the accident.
(ii) Secondly, from the place of the accident, on southern side, there is a 6 ft. space. If the driver of the bus has taken left side, he could have avoided the accident. Therefore, the driver of the van is also negligent in causing the accident. The Tribunal erred in holding that the driver of the bus alone is negligent in causing the accident.
(iii) Thirdly, even the complaint has been lodged against the driver of the Maruthi van, police also filed charge sheet against the driver of the Maruthi van. It is very clear from the complaint, FIR, charge sheet and the sketch that even the driver of the Maruthi van is also negligent in causing the accident.
Re.Quantum in MVC No.2030/2017:
(iv) Fourthly, even though the doctor has deposed that the claimant has suffered 30% disability to particular
limb, as per the IT returns produced by the claimant, there was no loss of income due to disability even after the accident. Therefore, the Tribunal has rightly not awarded any compensation under the head of ‘loss of income due to disability’.
(v) Fifthly, considering the injuries suffered by the claimant and considering the evidence of the doctor and the medical records, the compensation awarded by the Tribunal for 'pain and sufferings', 'loss of amenities' and other incidental expenses is on the higher side.
(vi) Sixthly, in light of the Division Bench decision of this Court in the case of Ms.Joyeeta Bose and others –
v- Venkateshan.V and others (MFA 5896/2018 and connected matters disposed of on 24.8.2020), the rate of interest awarded by the Tribunal at 8% p.a. on the compensation amount appears excessive.
Re.Quantum in MVC No.2031/2017:
(vii) Seventhly, the injuries suffered by the claimant are minor in nature. The global compensation awarded by the Tribunal at Rs.30,000/- is on the higher side. Hence, he sought to allow the appeals filed by the Corporation and for dismissal of the appeal filed by the claimant.
Re.Negligence:
(i) Firstly, it is very clear from the sketch produced along with the charge sheet that the driver of the bus has crossed middle of the road, he came extreme right side and dashed against the Maruthi van.
(ii) Secondly, as per the sketch, the driver of the bus came 1 ½ ft. right side and dashed against the Maruthi van. The evidence of the parties and sketch is very clear that the driver of the bus alone is negligent in causing the accident. Just because the charge sheet has been filed
NC: 2024:KHC:33363 MFA No. 4633 of 2019 C/W MFA No. 4632 of 2019 MFA No. 5157 of 2019
against the driver of the Maruthi van, it cannot be held that he is also negligent in causing the accident. Hence, he contended that after considering the materials available on record the Tribunal has rightly held that the driver of the bus is negligent in causing the accident.
Re.Quantum in MVC No.2030/2017:
(iii) Thirdly, due to the accident the claimant has suffered grievous injuries, he has suffered lot of pain during treatment, he has to suffer the same throughout his life. The compensation awarded by the Tribunal under the heads of 'loss of amenities', 'pain and sufferings' and other incidental expenses are on the lower side. Hence, he sought to allow the appeal filed by the claimant and for dismissal of the appeals filed by the Insurance Company.
about 7.15 a.m. the claimants were proceeding in a Maruthi van bearing registration No.KA-13/N-7205 on Hassan – Dudda road. At that time, a KSRTC bus bearing registration No.KA-13/F-1815 being driven by its driver at a high speed and in a rash and negligent manner, dashed
to the vehicle of the claimant. As a result of the aforesaid accident, the claimants sustained grievous injuries and were hospitalized.
Re.Negligence:
van. The police, after thorough investigation have filed charge sheet against the driver of the Maruthi van as well as the driver of the bus. The police after the complaint, drawn mahazar and also prepared the rough sketch. As per the rough sketch – Ex.P3(a), the width of the road is 15 ft. proceeding from east to west. On both the sides of the road, there is 5 ft. foot path. The bus was traveling from Hassan towards Arasikere. The Maruthi van was proceeding from Arasikere towards Hassan. As per the sketch, the width of the road is about 15 ft. The accident occurred 6 ft. from the edge of the southern side of the road. It is very clear from the sketch that the bus has crossed 11 ½ ft. of the middle of the road and he came extreme right side and dashed against the Maruthi van. Even PW1 and PW2 have specifically stated that the driver of the bus came extreme right side and dashed against the Maruthi van. It is very clear from the sketch and the mahazar and evidence of PW1 and PW2 that the driver of the bus was negligent in causing the accident. Considering the evidence of the parties and the FIR, mahazar, IMV
report, charge sheet, the Tribunal has rightly held that the
driver of the bus alone is negligent in causing the accident.
Re. Quantum in MVC No.2030/2017:
NC: 2024:KHC:33363 MFA No. 4633 of 2019 C/W MFA No. 4632 of 2019 MFA No. 5157 of 2019
Rs.80,000/- and ‘food, conveyance and attendant charges’
from Rs.25,000/- to Rs.35,000/-.
compensation awarded by the Tribunal under other heads is just and reasonable.
| Compensation under different Heads |
As awarded by the Tribunal (Rs.) |
As awarded by this Court (Rs.) |
|---|---|---|
| Pain and sufferings | 45,000 | 65,000 |
| Medical expenses | 1,03,070 | 1,03,070 |
| Food, nourishment, conveyance and attendant charges |
25,000 | 35,000 |
| Loss of income during laid up period |
60,000 | 60,000 |
| Loss of amenities | 30,000 | 80,000 |
| Future medical expenses | 30,000 | 30,000 |
| Total | 2,93,070 | 3,73,070 |
Re.Quantum in MVC No.2031/2017:
ORDER
(i) The appeals are disposed of.
(ii) The judgment of the Claims Tribunal is modified.
(iii) The claimant in MVC No.2030/2017 is entitled to a total compensation of Rs.3,73,070/as against Rs.2,93,070/- awarded by the Tribunal.
(iv) Following the judgment of the Division Bench of
this Court in the case of ‘MS.JOYEETA BOSE’ (supra) , the rate of interest awarded by the Tribunal at 8% p.a. is scalled down to 6% p.a.
(v) The Corporation is directed to deposit the compensation amount along with interest @ 6% p.a. from
NC: 2024:KHC:33363 MFA No. 4633 of 2019 C/W MFA No. 4632 of 2019 MFA No. 5157 of 2019
the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of a copy of this judgment. However, interest shall not be applicable to the compensation awarded under the
head of 'future medical expenses'.
(vi) The amount in deposit is ordered to be transferred
to the Tribunal, forthwith.
Sd/(H.T. NARENDRA PRASAD) JUDGE
CM
List No.: 1 Sl No.: 59
3 issues framed by the court
Whether the bus driver alone was negligent in causing the collision with the Maruthi van.
Whether the compensation awarded by the Tribunal under non-pecuniary heads required enhancement.
Whether the interest rate of 8% p.a. awarded by the Tribunal was excessive.
Colour shows how this judgement treated each authority
Ms.Joyeeta Bose and others - v- Venkateshan.V and othersFollowed¶16
MFA 5896/2018 and connected matters disposed of on 24.8.2020
2 provisions across 1 enactments
The Managing Director KSRTC
Sri Shivakumar
Smt. Geetha
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
