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1981 Supreme(Kar) 155
Karnataka High Court
Judges : G.N.Sabhahit,P.A.Kulkarni
BASAPPA - Appellant
Versus
K.H.SREENIVASA REDDY - Respondent
Misc. First Appeal 260 Of 1980
Decided On : 06/19/1981
Advocates Appeared :
B.V.ACHARYA, C.M.Desai, S.VIJAYASHANKAR, T.R.Rangaraju
The main legal point established in the judgment is the duty of the tribunal to add necessary parties and the need for a rational basis in applying the doctrine of variance between pleadings and proof.
Headnote:
MOTOR ACCIDENTS - NEGLIGENCE - [Motor Vehicles Act, 1988, Section 166] - The court discussed the issues of negligence and liability in a motor accident case. It highlighted the importance of actionable negligence and the duty of the tribunal to add necessary parties. The court also emphasized the need for rational basis in applying the doctrine of variance between pleadings and proof.
Fact of the Case:
The deceased and the injured were involved in a bus accident, leading to a claim for compensation. The Tribunal dismissed the claims, citing variance between pleading and proof, and delay in adding necessary parties.
Finding of the Court:
The court found that the Tribunal erred in dismissing the claims based on variance between pleading and proof. It also held that the addition of necessary parties was not barred by limitation and that compensation should be awarded to the claimants.
Issues: The issues included the justification of the Tribunal's decision to dismiss the claims, the limitation on adding necessary parties, and the entitlement of the claimants to compensation.
Ratio Decidendi: The court emphasized the duty of the tribunal to add necessary parties and highlighted the need for a rational basis in applying the doctrine of variance between pleadings and proof.
Final Decision: The court partly allowed the appeals, awarding compensation to the claimants and emphasizing the duty of the tribunal to add necessary parties.
( 1 ) THESE two appeals arise out of a common judgment and awards dated 7-12-1978 passed by the member, Motor Accidents Claims Tribunal, Chickmangalur in (MVC) Cases Nos. 6 and 9 of 1978, on his file, dismissing the two petitions.
( 2 ) THE deceased in Miscellaneous (MVQ Case No. 6 of 1978 and the injured in Miscellaneous (MVC) Case No. 9 of 1978 Were traveling on 17-8-1977 at about 2. 00 P. M. in bus bearing registration No. MYS 6418 belonging to respondent I and driven by respondent 2 in the petition. When the bus was going on its proper side, a 'ksrtc` bus dashed against the said bus as a result of which Smt. Sharadamma and Shri Malleshappa, the passengers in the private bus, sustained injuries. Smt. Sharadammia died as a result of the injuries sustained. Shri Malleshappa, the injured, sustained fracture of the right collar bone. The husband of deceased Smt. Sharadamma instituted Miscellaneous (MVQ Case, No. 6 of 1978 claiming compensation of Rs. 50,000/- from the respondents viz. , the owner, the driver and the insurer of the private bus. Similarly, the injured person viz. , Shri Malleshappa, claimed compensation of Rs. 55,0001- from the same respondents.
( 3 ) THE original respondents resisted the claim and submitted that the negligence was not proved on the part of the driver of the private bus but it was the 'ksrtc' bus that came and dashed against the private bus and, as such, the accident was the result of the rash and negligent driving of the 'ksrtc' bus by its driver. Subsequently, the driver and the owner of the 'ksrtc' bus were made as parties viz. , respondents 4 and 5. They also filed their written statement denying their liability.
( 4 ) THE Tribunal raised the following issues as arising from the pleadings in M. C. (MVC) No. 6 of 1978:
(1) Whether the petitioner proves that Sharadamma died on 17-8-1977 at about 2. 00 P. M. on account of the rash and negligent driving of the bug bearing Registration No. MYS, 6418 near the'eastorn Toll Gate on B. H. Road at Tarikere?
(2) Whether respondents 1 and 2 prove that the accident was due to the rash and negligest driving of the bus bearing Registration No MYF 4789 by one Siddappa and dashing against the bus bearing Registration No. MYS 6418, which was parked, near Kodi Camp, on B. H. Road at tarikere?
(3) To what compensation and from whom the petitioner is entitled? the following additional issues were also raised by the Tribunal: (l) Is the claim against 'ksrtc' not maintainable for reasons stated in para 2 of the objection statement filed by additional respondent 2 ? (2) Is the claim barred by limitation against the said respondent ?
( 5 ) THE Tribunal raised the following issues as, arising from the pleadings in M. C. (MVC No. 9 of - 1978:
(1) Whether the petitioner proves that he sustained fracture of the right hand due to the rash and negligent driving of the bus bearing Registration No. MYS 6418 by respondent 1 on 17-8-1977 at about 2. 00 P. M. near the Pastern Toll Gate on B. H. Road at Tariksre and dashing it against the 'ksrtc` bus?
(2) Whether respondents 1 and 2 prove that the accident occurred on account of the rash and negligent driving of the bus bearing Registration No. MYF 4789 by one Siddappa and dashing against the bus MYS 6418 which was parked near Kodi Camp on B. H. Road, Tarikere Town ?
(3) To what compensation and from whom the petitioner is entitled to ? the following additional issues were also raised by the Tribunal :
(1) Is the claim against respondent 2 ksrtc not maintainable for reasons stated in para 2 of the objection statement of the said respondeat ? (2) Is the claim against the said respondent barred by time ?
( 6 ) BOTH the claim petitions were heard together as the claims arose from the same accident and the Tribunal recorded evidence and proceeded to pass a common Judgment.
( 7 ) DURING hearing, the claimants examined P. Ws. 1 to 4 and got marked Exhibits P-1 to P-3. No evidence was adduced on behalf of the respondents.
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