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THE HIGH COURT OF KARNATAKA
UMESH M ADIGA
THE MANAGING DIRECTOR – Appellant
Versus
SHAIK AFSAR PASHA – Respondent
JUDGMENT :
UMESH M ADIGA, J.
Both these appeals arise out of the judgment and award dated 19th February 2020, passed by the XVIII Additional Judge, Court of Small Causes, Bengaluru and MACT, (for short `Tribunal'), in MVC No.2114/2019. The claimants filed MFA No.1117/2021 seeking enhancement of compensation and the respondent-corporation filed MFA No.409/2021 challenging the said award on the ground that death was not due to the negligence of the driver of the BMTC bus. Both the appeals arise out of a common judgment. Therefore, both the appeals are taken up together for final disposal.
2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.
3. Brief facts of the case are that, on 15.03.2019 at about 6.45 p.m., the deceased was riding a two wheeler bearing No.KA-03-JF-9480 from Mekhri circle towards Hebbal by observing traffic rules. At that time, the BMTC bus bearing reg.No.KA-01-F-4834 came in rash and negligent manner and dashed against the two wheeler. As a result deceased fell down and sustained injuries to his head. Immediately he was shifted to Baptist Hospital, but the doctors in the said hospital informed that he was brought dead.
The court established that the bus driver's negligence caused the accident, setting aside prior contributory negligence attribution to the deceased rider, emphasizing that lack of a driving license d....
The Tribunal's findings on negligence of the bus driver and the criteria for calculating compensation were upheld, emphasizing the need for just remuneration as mandated by legal principles governing....
The court emphasized the determination of negligence and the assessment of compensation under various heads, setting aside the finding of contributory negligence and enhancing the compensation.
The judgment establishes the principle of contributory negligence and provides a detailed framework for calculating compensation in motor accident claims.
The main legal point established in the judgment is the application of the standard of preponderance of probabilities to determine negligence in Motor Accident Compensation cases, and the distinction....
The main legal point established in the judgment is the rejection of contributory negligence and the recalculated notional income to determine the enhanced compensation.
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