Karnataka High Court
Judges : M.Rama Jois,M.Ramakrishna
KARNATAKA STATE ROAD TRANSPORT CORPORATION - Appellant
Versus
ABDUL MAJEED - Respondent
M. F. A. 427 Of 1984
Decided On : 12/12/1989
Advocates Appeared :
C.K.KAMBEYANDA, C.KRISHNA, C.S.SHANTAMALLAPPA, G.S.VISWESWARA, K.N.SUBHA READY, M.R.JANARDHAN, M.SOWRI RAJU, S.GURUSHANTAPPA, S.SHIVAPRAKASH, T.J.CHOUTA, V.S.UGRAPPA
Indian Motor Vehicles Act - Motor Accidents Claims Tribunal - Compensation - Loss of Income - Section 110 - Summary
Fact of the Case:
The Karnataka State Road Transport Corporation appealed against the judgment and awards made by the Motor Accidents Claims Tribunal in response to ten claim petitions under Section 110-A of the Indian Motor Vehicles Act, 1939. The accident occurred due to a head-on collision between a bus belonging to the Corporation and a bus belonging to Sonar Roadways. The Tribunal found that the accident occurred solely due to the rash and negligent driving of the Corporation's bus driver. The Tribunal also awarded compensation to the claimants in each petition.
Finding of the Court:
The court found that the accident occurred due to the rash and negligent driving of the Corporation's bus driver. It also found that the Tribunal had jurisdiction to award compensation for loss of income due to damage to property. The court held that the compensation awarded for loss of income was excessive and re-computed it to a lower amount. The court upheld the compensation awarded in other cases as just and proper.
Issues: The issues included the cause of the accident, the jurisdiction of the Tribunal to award compensation for loss of income, and the quantum of compensation awarded.
Ratio Decidendi: The court held that the accident occurred due to the rash and negligent driving of the Corporation's bus driver. It also held that the Tribunal had jurisdiction to award compensation for loss of income due to damage to property. The court re-computed the compensation for loss of income to a lower amount. The court upheld the compensation awarded in other cases as just and proper.
Final Decision: The court allowed the appeal, reduced the compensation for loss of income, and upheld the compensation awarded in other cases.
( 1 ) THESE ten appeals are presented by the Karnataka State Road Transport Corporation against the common Judgment and separate awards made on ten claim petitions presented under Section 110-A of the Indian Motor Vehicles Act, 1939 by the Motor Accidents Claims Tribunal, mandya.
( 2 ) BRIEF facts of the case are these: On 23-2-1981 at about 5-30 P. M. Tourist bus belonging to sonar Roadways, Cannanore was coming from Cannanore, to Bangalore and was plying near channegowdanadoddi near Maddur, on Bangalore Mysore Road. A bus belonging to the appellant Corporation was proceeding towards Mysore from Bangalore. Accident occurred at about 5-30 P. M. near Channegowdanadoddi when there was head on collision between the red colour bus belonging to the Corporation and the green colour bus belonging to Sonar Roadways (hereinafter referred to as "the Red Bus" and 'the Green Bus' respectively for convenience ). There were as many 'as 12 claim petitions presented by individuals either by the injured or the legal representative of the persons died as a result of the accident as also a petition by Sonar roadways claiming compensation in respect of the damages caused to the green bus by the accident. The first issue which arose in all the petitions and was common to all the claim petitions was, whether the accident occurred as a result of the rash and negligent driving of the red bus belonging to the Corporation. Rejecting the plea of the Corporation that the accident occurred as a result of the rash and negligent driving of the green bus by its driver or that the accident occurred on account of the contributory negligence of both the drivers, the Tribunal recorded a finding that the accident occurred solely on account of the rash and negligent driving of the red bus by Its driver. After recording the said finding, the Tribunal proceeded to determine the quantum of compensation to be awarded in each of the claim petition and determined the compensation payable to the claimants in each of the petitions. Aggrieved by the Judgment and award made by the Tribunal, the Corporation has preferred these ten appeals. No appeal has been preferred in other two cases and that the learned Counsel for the Corporation explained that the compensation awarded in those two cases was small and therefore, the Corporation did not consider it appropriate to file appeals in those two cases also.
( 3 ) IN these appeals, the learned Counsel for the appellant-Corporation has urged the following contentions:
(1) The finding recorded by the Tribunal that the accident occurred on account of the rash and negligent driving of the vehicle belonging to the Corporation by its driver was erroneous.
(2) In M. V. C. 73 of 81 out of which M. F. A. 426/86 arises, the Tribunal had awarded compensation towards loss of income during the period when the green bus was under repair though the Tribunal had no jurisdiction to award compensation regarding loss of income and even if it had the jurisdiction to award compensation for loss of income, the compensation awarded at the rate Rs. 1,000/- per day for 180 days was excessive and arbitrary;
( 4 ) ELABORATING the first contention the learned Counsel for the Corporation submitted as follows: from the evidence on record, it is clear that the collision between the two buses took place on the middle of the Road. When an accident takes place as a result of collision of two vehicles on the middle of the Road, the inference that should be drawn is that the accident, occurred as a result of the rash and negligent driving of both the vehicles.
( 5 ) SRI Chinnappa, the learned Counsel for the respondents submitted that the question as to whether, an accident occurred on account of the rash and negligent driving of any particular vehicle even in a case of collision between the two vehicles, always depends upon the evidence on record. He submitted that in the present case, the finding recorded by the Tribunal was-justified for the fo
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