IN THE 3%?! CGURT OF KARKATAICA
C!RC¥JiT BEflCH AT DHARWAI)
mrran TRIS THE 1473 DAY or ocroma I '
PRESENT
'l'§iE HON'BLE MR.JUS"!'ICE Qj * "
AND, %
THE H()N'BLE MR.JUsrrc§:'L4a{{IBaAsH.. B;Ai3i H
BETWEEN:
North West Kacrnatakaa Rx:-?'mi""" J
Transport 1l;__ " A
Central Ofioc, - _
Rep. byits _ _ _ _'
sxi,.s.Pxaawmvsm:ay, Z ~
S1'i._K;P,_M.Vfm"3m_a7e, ..... <4 .
AND: '
g %'
1? 8/0 (
RI9 Gafi
~ '=Na1ana;1 flasher szipxwmkar CM
" ' .. mwmmm
Adv.)
-2-
» In M.F'.A.No.2160(fi3
BE'£'WEE1*¥:
Shivaprasad Pxahhakar Murhbmvi
Aged 19 years, Occ: Student _
R/0 168/38,'i'ahmsfiarGa3fi "
(By &i.Sidd@ 8%, Adv. in'
Sri. Ravi G.Sabhahit, Adv.)
1. Srifimlxagouda Pam v{§;_'dt;,im.2.05
2. The Manafingbimctor » _ -_ V
K.S.R.'I'.C. ---
(By Sri.Ravi V.f!aaam;:' '
These Section 173(1) d' MV Act
agamst the ;ait.7.12.2001 passed in MVC
No.573/2000 on the fi3e'of-me. No.1, Belgaum, panly anowmg the
cifium pctifian V and sucking enhancement of
_ s fin' Hcamg this day, DEEPAK VERMA 3.,
JIIDGHEHT
, gown disposal of M.F.A.No.2800[2002, as
.-- arise out ofthc 3%: award dated 7.12.2001 passed
in M.V.C.No.573/2900. M.F.A.No.216G/2002 has
by that claimant for t of amount of
V mvanied to him wherem, hxtcr M.F.A. hm been fileé by the
&k*Ng*.2r.;<.R.T.c. -- avwnm" of that bus, c the as wen as the
quantum.
-3-
2. Facts
lieinanarmwoon%. Amo1d’mgI:>thcclaimam:t,on
19.2.2000, he was returning home on his bicycxc afier
When he xmched Tahaiiiar Oni on the kaocha éssjflmc
‘ homing’ mg1s’ tration N9.KA-25/F-1438…_,dn@v_”::–T ./ji’ J’
sxinudxmuaa Bmmagouda Patil came in :5 Item A’f % J er
from bchind and dashed against the cycle ;§§ t:fi: ‘ wi£h%t1.mL
result, he an on the ground ma :1;
K..I…E.I-Iospiml, Bclgaum when his 3%, as
time was ftacmrc of pelvic sefid to have
been sustained by than cmmant was fit!
about 1’7 37% and P.U.C. at J.S.S.Coihge,
‘I’1lakwad:.’ ‘ it by him that, beiou: the
accident, be ‘V1: a bum: siazdcn-t, an
to be in but on mums ofthc acciicnt
and fag an h’m arms have men fiat. He
to file a cream pcamon bcfomc the cmns
of F.’s.30,00,000/- together with interest.
V the owmcr ha} film! objections, dcny’mg the
V. the cum petition. It em: went cm to the extent that,
j, mm piacc by the bus bekmm to the Corporation,
being pm: by as driver. All other alkagmoas name in the
also denied. it was aiso comcnéed that, time cmamt
hi:§sclfhad&zEeaonthcgmund,mhchadlostba]anocwhi1cgo@gon
.4.
thcbicyck, asfczuxcfhisfricndsweze uavclhgtogcfltcrhocpigaghmzds
onthcshoukiersofcachothcr.
from the bus when: “R had stopped. Thus, then: was no
aocidant was caused by that 3% bus or the s%
ncgligcntiy by its driver.
4. The cmms Tribunal on the of
panics framed issues. Issue No.3 and
rash and negagm: driving of bus. 011
appreciation of the evidence clam Tribunal
mcoxded a mding =;-gt. vac-gatlibutoxy ‘
mas’ much as arm * = t ti¥;) the extent of 75% and the
3. Learned strmuously suhmiaed
be-forc_ 313 that; phcc by the bus of the Corporation
and built up by tm clan?nan’ t wm only as am am}
Ex.i’-31 fish t w:th’ the Police. it Wm filed on
of the accident at about 5.30 p.m. In the awe, it
j. that, a meter mad accident had % phat: at 8.30
‘ . On the strength of the said F.I.R., Crmmai’ ‘ C’.asc_
was mm’ mad @121′ at the driver’ of the bus armor Sections’
27é and 338 ofIPC.
-5-
7.Iti.sa1aopcr&1cnttomcnt:ionhcrethat,whcnfl1cc}ain;antwm
taken to K.L.E.Hmita1, Bclgaum, it has been mentioned
of the Hmzml that, injuries have been caused due to
accident at 8.30 am. Obviously the Doctor could
his own, unless he was supplied with the V
have been sus@cd’ by the c)mmaa1′ t oxgzrarzeofl’ the ‘V’ 2 1 ‘
8. it is also ncoessazy afiacr the
accident, the bus was takm no Wham the
driver and the bus both wag; igours. If the said
bus had not been was no ran why
only this and mm to me Poiiec
Station. Ali wfih the evidence ca’ (Mm:
and that of the the accident Wm caused on
account of t of the has by in «mm me’! on
9_ , . mm M ii on ,
amount ofRs2 la-lrhs to the ciwmant. But on
contributozy ncgficnoc to the extent of 25%, the
payable to him ha been mscssed at
R*-1»59~w°I’- ‘®
.6-
10. Now the qncstion that aixw 1501′ our n ‘m:
‘Whether this mount deserves to he
11. The clamant was mlmitted in the
was dzsc’ hmgcd on 1.3.2000. Ht was chm’ fiactir.’ _ -‘ 2
and inferior pubic rami with mpturc jaf
opemtion, pelvic cxternai fixator
on him. He was advised mat. hvias per the
oeraasoatg ofthe Hospital }é;:;;i;§1}3). Even aficr this,
he has not been aim: to scvcml related
aihmnm %
W, Pafil, the clammx had
antamc wt. mrmwm mm; momma as left leg by
W, restricfiozz ormih inability to stand, walk fin’ long
He sufiemd 30% of 1 on
in right lower man. He
of U:-ethm, on accotmt ofwhich, he won!!!
‘ t:swork,squataml1:asitcmm~l%d.
_ it; mite: litre. Ex.P~366 is mm eextifim iasund
where he was mm. This am saws that, he
marital % on account of the injmics, which he sawmcd
1/ i, road accident.
-7-
13.’£’hcClaimsTribunaIhasawan1edthcfo1£owin.gamoamtstothc
claimant under diflhrcnt heads:
1) Towards injurfics suflhmd, pain & sufit-ring »’
endeavoured Rs. V.
2) Towards meaiaa1expenses,dm, T
mavcyance, etc. -R’s.1′,m,0’€}’E)§,’-‘
3) Tcnvaxdshmofmnm capacity due _ A
mdssabmy Rs. s5,c;.’:oj-W ‘W
4) ‘I’mvmdslomafii1’xs& h AV
enjoymtinfi _ -..__Rs. ’15_,(l_E0{}n[?-
apw————————-
14. Locum’ to mg: of me clmm t,
we are of the oonsiclagxt-.éi_4.{;;{ii:3vi1;>i1 awarded to him unadscr
d1fi’crcn’ t heads to be cnhanced- . He is also
likely to have life m evm now he is su;fl?c:’m’ g
from emctile do so.
1) ..... .9.' E; . , Rs. 75,000]- ;-2) diet, etc, * Ra.l,00,000/- has cfiity due Rs.1,00,000[-
V :”.V4}._”T9waa§ré.sVléki&s fianmnifics as
% R.s.1,00,060/-
w.»-w——–….—- —
TOTAL Rs.3,’75,{)00/-
up-utohaon-cu——————-
mm]-
-3-
Sincctheifibamalhasheldthatthcciaimantwasnmligenteothccxtcnt
of29%,wcalsoen£iorscthesamcm1dbnkithat,tbaccl&a.@twm
ncgligcnt to the cxtmt of 26%. Thus, the amount of
payabk In the cmaam would come to 4_
award a mum . The clm7mant_,is .
all from the zvcspondmt – Corporation a finial — ”
tamcthcr with interest @ 696 per
actuafiy paid. The amount paid
in ms: result, M.F.A.No.216€ }/VA is allowed
in part and ‘3 dhmissed
with costs mroughout. if cert1fi:d’ . Copy of