Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Kar) 1372

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S. Sujatha, E.S. Indiresh, JJ.
Karnataka State Road Transport Corporation Central Office - Appellant
Versus
Chandrahasa - Respondent
Miscellaneous First Appeal No. 3752 of 2014, 7675 of 2013, 8202 of 2013, 1566 of 2014, 1567 of 2014, 2705 of 2014, 3754 of 2014, 6938 of 2014, 13 of 2015, 3592 of 2015
Decided On : 07-09-2020

Advocates Appeared:
D. Vijayakumar, Advocate, Naik Ramachandra Rama, Advocate, L. Chandra Shekar, Advocate, K. Suryanarayana Rao, Advocate, B. Ravindra Prasad, Advocate, Vijayakumar D, Advocate, O. Mahesh, Advocate, Shankarappa, Advocate, Ravindra Prasad B, Advocate, Pradeep Naik K, Advocate, Bhushani Kumar, Advocate, L.S. Harsha Kumar, Advocate, C.R. Ravishankar, Advocate, Patel D Karegowda, Advocate, L. Chandrashekar, Advocate

Consistency and uniformity in orders related to one road traffic accident are essential, and liability issues should be addressed comprehensively before analyzing the quantum of compensation.

Headnote:
Liability - Motor Vehicle Accident - The court set aside the judgments and awards of different Motor Accident Claims Tribunals and remitted the matters to the Small Causes Principal Court and MACT, Bengaluru to pass a common judgment and award clubbing all these matters together, in an expedite manner in accordance with law.
Fact of the Case:

The appeals arose from the same accident involving a KSRTC bus and a lorry. Different Motor Accident Claims Tribunals had determined varying liabilities for the accident.
Finding of the Court:

The court set aside the judgments and awards of the different MACTs and remitted the matters to the Small Causes Principal Court and MACT, Bengaluru to decide the matters together in accordance with law.
Issues: The primary ground of challenge related to the liability fixed by the MACTs for the payment of compensation.
Ratio Decidendi: The court emphasized the need for consistency and uniformity in orders related to one road traffic accident and decided to address the liability issue first before analyzing the quantum of compensation awarded.
Final Decision: The judgments and awards impugned in the appeals were set aside, and the matters were remitted to the Small Causes Principal Court and MACT, Bengaluru for a common judgment and award.

JUDGMENT

S. Sujatha, J. - Since common and akin issues are involved in these matters, they are clubbed, heard together and disposed of by this common judgment.

2. All these appeals arise out of the same accident which occurred on 14.02.2011 at about 8.30 a.m. near Kaniminike Colony, B.M. Road, Kengeri Hobli, Bengaluru South Taluk involving the KSRTC bus bearing registration No.KA-01-F-8081 (offending vehicle) and the lorry bearing registration No.KA-42-3539.

3. On the ill-fated day, some of the passengers while traveling in the KSRTC bus bearing registration No.KA-01-F-8081 in the route Devanahalli to Ramanagar met with the road traffic accident and sustained injuries/succumbed to the injuries sustained. Claim petitions were filed under Section 166 of the Motor Vehicles Act, 1988 by the injured/legal representatives of the deceased, claiming compensation alleging actionable negligence on the part of driver of the offending vehicle before different jurisdictional Motor Accident Claims Tribunals (MACTs).

4. The fulcrum of disputes in these appeals revolves around the liability aspect determined by the different jurisdictional Motor Accident Claims Tribunals.

The liability fixed by the MACTs with reference to the same accident in different claim petitions is collated and the same is as shown below:-

Sl.No.	MFA Number	Claim Petition Number	MACT	Liability fixed
1	MFA No.3752/2014	MVC No.1343/2011	MACT, SCCH17, BENGALURU	100% on KSRTC
2	MFA No.7675/2013 & MFA No.8202/2013	MVC No.5102/2011	MACT, SCCH11, BENGALURU	50% on KSRTC; 50% on Lorry
3	MFA No.3592/2015 & MFA No.13/2015	MVC No.3141/2011	MACT, SCCH22, BENGALURU	100% on KSRTC
4	MFA No.6938/2014 & MFA No.1567/2014	MVC No.1825/2011	MACT, SCCH-2, BENGALURU	100% on KSRTC
5	MFA No.2705/2014 & MFA No.1566/2014	MVC No.1467/2011	MACT, SCCH-3, BENGALURU	100% on KSRTC
6	MFA No.3754/2014	MVC No.282/2012	MACT, Channapattana	60% on KSRTC 40% on Lorry

5. Though the appellants in these appeals have challenged the judgments and awards of the different MACTs under various grounds as aforesaid, primary and foremost ground relates to the liability fixed by the MACTs to make the payment of compensation determined. It is well settled principle that the judicial decorum warrants consistency and uniformity in the orders, more particularly relating to one road traffic accident where multiple number of claim petitions are filed by the different claimants for their individual grievances of suffering injuries or the death of the victim.

6. Before analyzing the other grounds of challenge inasmuch as the quantum of compensation awarded by the MACTs, we are of the considered opinion that the incongruous finding of the MACTs regarding the liability aspect has to be addressed at the first instance. The adjudication of this liability issue requires to be made clubbing all the matters arising out of the same accident so that the comprehensive analysis could be made by one MACT to decide the factum of negligence on the part of the driver of the vehicles involved vis- -vis saddling of the liability on the tortfeaser. As such, without dwelling upon the aspect of challenge made to the quantum of compensation, we deem it appropriate to set aside the impugned judgments and awards and transfer all these cases to the Small Causes Principal Court and MACT, Bengaluru to decide these matters together in accordance with law.

7. Hence, the following

ORDER

i) The judgments and awards impugned in these appeals are set aside.

ii) The matters are remitted to the Small Causes Principal Court and MACT, Bengaluru to pass a common judgment and award clubbing all these matters together, in an expedite manner in accordance with law.

iii) All the r

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