Dismissed

Bairanayaka. C v. Bhagyappa Balraj. C

Karnataka HC18 Sept 2024MFA/6644/2023

Case brief

AI extract

What is this about?

In this miscellaneous first appeal, the High Court of Karnataka dismissed the claimants' appeal seeking enhancement of compensation awarded by the Motor Accidents Claims Tribunal. The Court upheld the Tribunal's finding that the deceased rider was 25% contributorily negligent for driving unlicensed with multiple pillion riders. The appeal lacked merit and was dismissed without costs.

What did the court decide?

The appeal was dismissed without costs, upholding the Tribunal's award of compensation with 25% deduction for contributory negligence.

Bairanayaka. C Vs Bhagyappa Balraj. C — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:38236 MFA No. 6644 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.6644 OF 2023(MV-D)

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BETWEEN:

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BAIRANAYAKA C., S/O LATE CHENNANAYAKA, AGED ABOUT 48 YEARS,

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KEMPAMMA, W/O BAIRANAYAKA C., AGED ABOUT 38 YEARS,

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NAGESHKUMAR B.N., S/O BAIRANAYAKA.C., AGED ABOUT 25 YEARS,

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Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

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RAJESH B., S/O BAIRANAYAKA.C, AGED ABOUT 23 YEARS,

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ALL ARE R/AT IBAJALA VILLAGE, NANJANGUD TALUK, MYSURU DISTRICT, PRESENTLY ALL ARE R/AT C/O S. MANJUNATH, 14^TH CROSS, BASAVESHWARANAGARA, MYSURU-570012.

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…APPELLANTS

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(BY SRI. SREENIVASAN M. Y.,ADVOCATE)

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2 - NC: 2024:KHC:38236 MFA No. 6644 of 2023

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AND:

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BHAGYAPPA BALRAJ C., S/O. CHINNAPPA, MAJOR, R/AT NO.87, RACHENAHALLI MAIN ROAD, NEAR CHURCH, MESTRIPALYA, BENGALURU-560 077.

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THE DIVISIONAL MANAGER, NEW INDIAN ASSURANCE CO. LTD., DO-1, CHAMUNDIPURAM, JLB ROAD, MYSURU-570005.

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…RESPONDENTS

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(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH, V/O. DATED 06.10.2023)

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THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 16.06.2023 PASSED IN MVC NO.61/2020 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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ORAL JUDGMENT

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Heard Sri.Srinivasan M.Y., learned counsel for appellant who appears physically before this Court. Also heard Sri.S.V.Hegde Mulkhand, learned counsel for respondent No.2 who appears through video conference.

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3 - NC: 2024:KHC:38236 MFA No. 6644 of 2023

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Aggrieved by the contributory negligence attributed to the deceased Prakasha B., the rider of the motorcycle bearing Registration No.KA-09-HR-6070 which is involved in the accident, the claimants are before this Court. Challenge is the award that is passed by the Motor Accidents Claims Tribunal, Mysuru, in MVC No.61/2020 dated 16.06.2023.

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The manner of happening of accident as projected by the appellants is that, on 05.05.2019 at about 2.45 p.m. while the deceased Prakasha B. (hereinafter referred to as the 'deceased’ for brevity) was riding the motorcycle bearing Registration No.KA-09-HR-6070 along with two pillion riders and when he reached near Kiranahalli Gate, the driver of the vehicle bearing Registration No.KA-03-MP-2723, drove the same at a high speed and in a rash and negligent manner and dashed against the motorcycle. Due to which, the deceased sustained grievous injuries and succumbed to those injuries on the spot.

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Learned counsel for appellants Sri.Srinivasan M.Y.

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contends that the Tribunal through the impugned order attributed contributory negligence to an extent of 25% on part

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NC: 2024:KHC:38236 MFA No. 6644 of 2023

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of the deceased which is unjustifiable. Learned counsel seeks intervention of this Court in that regard.

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Per contra, the submission that is made by Sri.S.V.Hegde Mulkhand, learned counsel for respondent No.2 is that the deceased was aged about 17 years by the date of accident. He was not authorized to drive the motorcycle at that age. Also he was not holding any driving licence to drive the motorcycle. That apart, he was carrying two pillions. The deceased thereby could not control the bike and thus the accident occurred. Having considered all these aspects, the Tribunal rightly attributed contributory negligence to an extent of 25% on part of the deceased which is proper and thus the appeal is not maintainable.

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It is not the case of the appellant that the deceased

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was holding valid driving licence to drive the motorcycle. Also it is not in dispute that the deceased was aged 17 years by the date of accident. Further it is not in dispute that the charge sheet reveals that the deceased was also negligent.

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Having considered all these aspects, as rightly contended by Sri.S.V.Hegde Mulkhand, learned counsel for

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5 - NC: 2024:KHC:38236 MFA No. 6644 of 2023

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respondent No.2, the Tribunal attributed contributory negligence to an extent of 25% on part of the deceased. This Court, therefore, does not find any grounds to interfere with.

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The findings given by the Tribunal are well reasoned and proper. Thus, this Court is of the view that the appeal lacks merits.

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Resultantly, the appeal is dismissed without costs.

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Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

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AP CT:TSM List No.: 1 Sl No.: 61

Bairanayaka. C v. Bhagyappa Balraj. C

Case brief

What is this about?

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Bairanayaka. C v. Bhagyappa Balraj. C

Case brief

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