High Court Karnataka High Court

The Managing Director vs Bhagyamma W/O Late Kuppaswamy … on 7 September, 2009

Karnataka High Court
The Managing Director vs Bhagyamma W/O Late Kuppaswamy … on 7 September, 2009
Author: S.Abdul Nazeer
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 7" DAY OF SEPTEMBER 2009 5  Q

BEFORE

THE HON'BLE MRJUSTICE 5. AEDUL A  "

MISCEQLANEOUS FIRST APPEAI;.=.N(3§' :373/2005+   

C/W MFA N0.13094/2_006 (Mv)...
MFA N0.11873k2:{06
Between:  A

The Managing DirectQ_:',"  V  _  . 
Karnataka State Road      _ 

Transport Cbrpdraticin, 2

KH. R0ad,V'Shanthinagar5-_» " _  ._

Bangaiore Central Divisi'on_;~ Bangalare,

By its DivisionaiCentrdller}; =   Appellant.

 (By Smfi gala A .'"SW-amy, Adv.)-

 "   I "  

W,/_o 1ate'!{:ippaswamy Naiciu,
A Aged about 60 years, ,
 x No.49,.2"6'*' Main, 5%" Cross,
 V» V KSCB Quarters, Vijayanagar,
A  'Bangalore -~ 40.



M/s United India insurance Co. Ltd.,
No.2 I, St.Patrick's Church Road,
Museum Road,

Bangalore -- 25.

SB. Honnappa,

S/o Bhyatte Gowda, major,
B--3 1., RBI Staff Quarters,
Vijayanagar, RFC Layout,
Bangalore -- 40.

(By Sri Girimallaiah, Adv. for R}

Between:

Bhagyam.ma,
Aged about 63 years,

Sri R. Rajagopaian, Adv. for R2) 

MFA N0,r'3094/ggirigg C'  

W/o late Kuppaswamy  
No.49, 16*' Main,,__5'" ,Cros_s, 2 ~

KSCB Qu_ar_ters, Vija_yanVagar,"~.
4_ B.anga}o.re,-- 40. " 

 Appefiant.

"(i5{y»S;1V~i' -Girirna3}aiaii;VAdv.)

Tlie  Director,

 AA Karnataka State Road

"Transport Corporation,

 p  Road, Shanthinagar,

A V' , Banga}ore--27.

7.. .}  Respoiuierits.



2 United India Insurance Co.Ltd.,
No.21, St.Patricks Church Bldg,
Museum road, Bangalore--25,

By its Manager. 

3 S.B. Honnappa,

Major, S/O Bhyatte Gowda,

B-31, RBI Staff Quarters,

Vijayanagar RFC Layout, , »  ~ . r 
Bangalore -- 40. _    Re'sponderits.

(By Srnt. Sumangala A. Swarny;   
Sri R. Rajagopalan, Adv. for    

Theae   "--.¢$.p;iea1S' are filed under

Sec. 173(1) ofitheg "'Mtgc$:or~.: yeh;c1'es___Acf':,« .;.9V8_a; against the judgment
and award dated 7;4;o2_0O6'i;)assed«».in MVC No.6635/2003 on the file
of the 6"' so}, Membe1.'fMAcT;rsourt of Small Causes, Bangalore,
etc. * " Q   

Those Mis€:el,1aneo"us iiirét Appeals coming on for Final

Hearing this day. the C'oL1rt___delivered the following:

,1 UDGMEN T

" These aplfiealifs are directed against the judgment and award

 4i':1,MVClNol;616'.35/2003 dated 7.4.2006 on the file of the Motor

 /3§¢Ciden'1«a«C1a.i.ms Tribunal, Bangalore (for short Tribunal').

l



2. MFA No.13094/2006 is filed by the claimant seeking

enhancement of compensation. MFA No.11873/2006 is filed by.

Karnataka State Road Transport Corporation  :_. 

'Corporation'), the owner of the offending vehicle corttcn:ding""that.A

the driver of the said vehicie is not responsible for the accident.'  ;, at

the sake of convenience, parties are .refe__rred to their-'Vresp.g¢_tive§

rankings before the Tribunal.

3. The claimant filed the afores_aid_tc'lai.mii"~petition it seeking
compensation on account of thev_i'n}_uii.es  him in the

accident occurred on ll2L:'l{)L;2Q()'3,e._while "he was travelling in the bus

bearing Registration  F-6725 belonging to the

fjorporatiion. i"Severa1"passengers who were travelling in the said

bus' filed c1ai'In"petiti_ons seeking compensation for the injuries

 V sustainedetby then: in said accident. One such claim petition was

 'filed by blcthravathi in Mvc NO.6637/2003. The Tribunal

 :_cl»u_'bbVetii"a1«1 the claim petitions arising out of the said accident and

 'common issues were framed, which are as under:



"l. Whether petitioners proves that they sustained

grievous injuries in RTA occurred on 12.10.2003 at

about 6.45 am. on NH--48, near Badrapura Gate, 

account of actionable negligent driving of the driv_er_:oif 2 "  "* it '

the KSRTC bus bearing No.KA--0l-F 6725 :2 p. ..     0 0'

2. Whether petitioners are  ._to. clairilk 

compensation from the respondents '.7

3. Whatorder or award V ._

4. The Tribunal held that the actioiiabie negligence ‘er the

driver of the bus belonging to ..Cor.’por:ati”on__’wa’sthe cause for the
accident and that the driver__of tthevii__iT:i:pmpovTiraveller bearing

registration-,No-.tKA–02t’B75249’-ein’vo1ved in the accident was not

responsible forithei aggrieved by the said finding

-in MVC-i.Nt)I6637/2003,thesflorporation filed an appeal in MFA

ViN:Q’..iV:18’7.4/ZQD6.:WThf5..S3id appeal was dismissed by this Court on

07.09-2009 that the driver of the bus belonging to the

‘ Corporation responsible for the accident. In view of the said

the aforesaid appeal, MFA No.1 1873/2006 filed by the

___”C’orporation requires to be dismissed.

t
it

a.

5. In MFA No.l3094/2006, learned Counsel. for the claima3:tT

would contend that the compensation awarded by the

on a lower side. Learned Counsel appearing for the Ciorpoifationi T

submits that the award of compensation by;the”‘1″ribu«nal-:is. jus;.t_

reasonable. j _ b A A

6. It is evident from the materialson record that the c’lai”n’ia1it

was 62 years at the time of the accident and she was “workmg as a

Coolie during the relevant point ‘Gf”tiI,1:ilC::; was.sexamined as

PXW4. It isgclear fro”ri:5the’tdi’schafge’ summary at Ex.Pl7 that she

has suffered fracture_ of bones’ ojfrilght leg and also fracture of the

anasal The Doctor; who was examined as P.Wl.l has opined

:VsheVVl1avs’«su«fi’etie_d 14% disability to the whole body. The

Trihuna’l–.i’hasdiatvaifled Rs.25,000/- under the head pain and

iaufferiné, towards medical expenses, Rs.2,000/~«. towards

–._d’c’onVeya-rice,”attendant charges and nutrition, Rs.6,000/- towards

‘lo’ssa”o1′”d earning and Rs.50,400/~ towards loss of future income.

it

Having reappreciated the evidence on record, I am of the View

the award of compensation in a sum of Rs.25,000/– und_er–.the ~

‘pain and suffering’ is on a lower side…..E_ven”the” of

compensation towards loss of earnings is. alsloioin a>.,low_er Asid’ie’;_°V.A

Taking a over all View of the matter; of the View ithVat”it’i”sijus:t

and reasonable to award an ad_ditiOnal,S.lltiT0fii?§.25,00017«_,

7. In the result,_”l’ pass theifollo’wiir1gi§f_V_ 7 ~

(1) disrnissed. The amount in
deposit in this appeal’sh_all–i:obei tranhsferred to the Tribunal.

(ii; A/lFAiii’il’€o”.13594/2.006 stands allowed in part. The

claimant en’titl’edA_ for coirnjaensation of Rs.25,000/– (inclusive of

interests) what has already been awarded by the

T Tribunal…

W _ (iii) Tire Corporation is directed to deposit the aforesaid

4’arno.Lirit»within a period of eight weeks from the date of receipt of a

in

M

copy of this judgment. The Corporation is further direct4edV_i’-:.oi~.o_

deposit the compensation awarded by the Tribunal with3V_:e’eCri.ied__:’ -1′

interest thereon after deducting the amount a1read’y’*viri:*de’posi~tA .4

within a period of eight weeks from the date of-reeé:ipt,of-.:1’c0’p3? ;, A’

this order. No costs.

‘JUDGE

BMM/892009