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