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2019 Supreme(Kar) 908
IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
ARAVIND KUMAR, BELLUNKE A.S., JJ.
Suvarna — Appellant
Versus
Chougule Industries, Kuber Chamber — Respondent
Miscellaneous First Appeal No. 101219 of 2018
Decided on : 27-06-2019
Advocate Appeared:
Umesh C. Ainapur, Adv., Nagaraj C. Kolluri, Adv., C.V. Angadi, Adv.
Headnote:
Negligence - Motor Vehicle Accident - Karnataka State Road Transport Corporation, by its Managing Director vs. Arun @ Aravind and others - Khenyei vs. New India Assurance Co. Ltd. & Ors - Sebastiani Lakra and others Vs. National Insurance co. Ltd. and another - National Insurance Co. Ltd., Vs. Pranay Sethi and others - Magma General Insurance Co. Ltd., vs. Nanu Ram and others
Fact of the Case:
The appeal was filed against the judgment and award passed by the Tribunal in a motor vehicle accident case. The deceased, a motorcycle rider, was involved in an accident with a car and a bus, resulting in his death. The claimants sought compensation for the loss.
Finding of the Court:
The court found that the deceased was not negligent and that the car driver and bus driver were responsible for the accident. The court also enhanced the compensation awarded by the Tribunal and ordered the respondents to deposit the compensation amount with interest.
Issues: The issues included the finding of contributory negligence, the quantum of compensation, and the rate of interest.
Ratio Decidendi: The court held that there was composite negligence on the part of the car driver and bus driver, and the deceased was not negligent. The court also applied legal principles from various cases to determine the quantum of compensation and the rate of interest.
Final Decision: The appeal was allowed, and the judgment and award of the Tribunal were modified. The claimants were awarded a total compensation of Rs.21,37,800/- with interest at 8% p.a. from the date of petition till the date of payment or deposit, whichever is earlier. The respondents were ordered to deposit the compensation amount within six weeks from the date of the order.
JUDGMENT :
Bellunke A.S., J.
This appeal is filed against the judgment and award dated 07.10.2017 passed by IX Addl. District and Sessions Judge and Addl. M.A.C.T., Belagavi (hereinafter referred to as 'the Tribunal', for short), in M.V.C. No.2038/2015.
2. Briefly stated the facts are that on 11.08.2015 at about 4.30 p.m., one Avinash Dattatray @ Datta Kokare who was the husband of claimant No.1, father of claimants No.2 and 3 and son of claimant No.4 was riding his motorcycle bearing registration No.MH-10/AV-9428 along with pillion rider. At that time, a car bearing registration No.MH-10/E-9454 driven in a rash and negligent manner and suddenly and abruptly stopped the car by applying break and as a result, rider of the motorcycle dashed to the hind portion of the car and he fell on the road. At that time, a bus belonging to MSRTC bearing registration No.MH-12/EF-6159 came in a high speed and ran over the rider of the motorcycle and he died on the spot. The claimants spent Rs.50,000/- towards funeral expenses and transportation of dead body etc. The deceased was aged 27 years. He was earning Rs.800/- per day by doing fabrication work. The entire family was depending on him. Therefore, the claimants filed claim petition seeking compensation.
3. After service of notice, all the respondents appeared and filed separate statement of objections resisting the petition.
4. Respondent No.1 contended that it is the deceased rider of the motorcycle who himself was responsible for the accident. It is further contended that Tribunal had no jurisdiction to entertain the petition as the accident took place at Sangli in Maharashtra State and prayed for dismissal of the petition.
5. Respondent No.2 contended that accident took place due to entire negligent act of the deceased rider of the motorcycle and the driver of the MSRTC bus. It is further contended that there was no negligence on the part of the driver of the car. Even then a false complaint was filed against the driver of the car. It is contended that deceased as well as driver of the car were not holding valid driving licence on the date of accident. The liability of respondent No.2, if any, is subject to the terms and conditions of the policy. Accordingly, prayed for dismissal of the petition.
6. Respondent No.3 contended that there is no jurisdiction for the Tribunal to try the case. The accident occurred on account of rash and negligent act of the motorcycle rider by following the car and suddenly the driver of the car had slowed down his vehicle and deceased had hit the car and lost balance and was thrown down from his vehicle near right hind side wheel of the bus. Therefore, the driver of the bus was not at all responsible for the accident. Accordingly, prayed for dismissal of the petition.
7. On the basis of pleadings of the parties, tribunal framed following issues:
(1) "Whether the petitioners prove that on 11.08.2015 at about 04.30 p.m. on Sangli- Tasgoan Road, in front of Madhavnagar Sugar Factory, within the limits of Sanjay Nagar Police Station deceased Avinash Dattatray @ Datta Kokare sustained grievous injuries in the accident occurred due to rash or negligent driving of the vehicles bearing registration No.MH-10/E-9454 & MSRTC Bus No.MH-12/EF-6159 by its driver and later succumbed to the said injuries?
(2) Whether the petitioners are the dependents of deceased Avinash Dattatray @ Datta Kokare?
(3) Whether the petitioners are entitled to for compensation? If so, what amount and from whom?
(4) What order?"
8. After holding trial, Tribunal has awarded compensation of Rs.13,22,500/- and held that driver of the car and deceased motorcycle rider were responsible for the accident in question. Therefore, the ratio of negligence was apportioned at 40% on the rider of the motorcycle and 60% on the driver of the car. Accordingly, Tribunal awarded a sum of Rs.5,29,000/- as compensation t
