Court upheld negligence by corporation's bus driver, modified total compensation for claimants to Rs.23,18,290, emphasizing proper income assessment and entitlement to conventional damages.

JUDGMENT :

VIJAYKUMAR A.PATIL, J.

The above appeals are directed against judgment and award dated 27.05.2017 passed in MVC No.255/2016 and judgment and award dated 31.05.2017 passed in MVC No.261/2016 on the file of learned Prl. Senior Civil Judge and Member, MACT-V, Jamkhandi, [For short ‘Tribunal’]

2. MFA No.102933/2017 & MFA No.102934/2017 are filed by the claimants seeking enhancement of compensation, whereas MFA Nos.103192/2017 & 103193/2017 are filed by the NWKRTC, [For short ‘Corporation’] challenging the contributory negligence as well as liability fastened on the Corporation.

3. Brief facts of the case leading to filing of these appeals are that, on 22.11.2015 at about 7.30 p.m., the deceased Irappa was proceeding on his motorcycle bearing reg.No.KA-25/EF-6318 along with injured-Kasturi towards Jamkhandi. When they came near Hulyal cross in front of Vidya Bhavan on Jamkhandi-Mudhol road, at that time, driver of NWKRTC bus bearing registration No.KA-29/F-1220 came in a rash and negligent manner from opposite direction with high speed and dashed against the motorcycle of the deceased Irappa. Due to the said impact, the deceased Irappa and injured-Kasturi sustained grievous injuries and immediately, they have taken to City Hospital, Jamkhandi for treatment and thereafter, they referred to Miraj Hospital for higher treatment. On the way to hospital, the deceased Irappa succumbed to the said injuries. Prior to the accident, the injured-Kasturi was doing coolie work and earning Rs.10,000/- per month. The deceased Irappa was working in Sugar Factory and drawing salary of Rs.15,000/- per month.

4. The Corporation resisted the claim petitions by filing written statement. It was contended that the accident was not occurred due to rash and negligent driving of the driver of NWRKTC bus. It was further contended that due to crying sound at the spot, the conductor of the said bus stopped and gave aid to the injured person, which was caused by the tractor and trailer. Thus, prayed for dismissal of the claim petitions.

5. The Tribunal on appreciation of oral and documentary evidence on record, awarded a global compensation of Rs.50,000/- with interest at 9% per annum in favour of the injured-Kasturi and Rs.17,03,153/- with interest at 9% per annum in respect of deceased Irappa. Aggrieved by the same, the claimants as well as the Corporation are before this Court challenging the quantum of compensation as well as contributory negligence including liability fastened on the Corporation.

6. Learned counsel Sri.Harish S Maigur appearing for the appellants-claimants submits that the Tribunal has awarded a meager compensation in respect of injuries sustained by the injured-Kasturi, which requires to be interfered with. He submits that the Tribunal also committed an error in assessing the income of the deceased at Rs.7,334/- per month, which is incorrect and contrary to the evidence of Ex.P12-Salary Certificate. It is further submitted that in light of decision of the Hon’ble Apex Court in the case of Magma General Insurance Company Limited Vs. Nanu Ram & Others, [2018 ACJ 2782], the claimants would be entitled to Rs.40,000/- each towards loss of consortium. Insofar as negligence and liability is concerned, the Tribunal taking note of oral and documentary evidence including charge sheet material, has rightly held that due to rash and negligent driving of driver of Corporation, the accident occurred and thus, fixed entire negligence on the driver of the bus and fastened liability on the Corporation to pay compensation, which does not call for interference at the hands of this Court. Thus, he seeks to allow the appeals filed by the claimants by enhancing the c