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2024 Supreme(Online)(Kar) 44806
MFA No. 1488 of 2021 MFA No. 1515 of 2021 MFA No. 4809 of 2021 MFA No. 2308 of 2022 MFA.CROB No. 79 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3884 OF 2022 (MV-I)
C/W MISCELLANEOUS FIRST APPEAL NO. 1383 OF 2021 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 1488 OF 2021 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 1515 OF 2021 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 4809 OF 2021 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 2308 OF 2022 (MV-I)
MFA CROSS OBJECTION NO. 79 OF 2021 IN MFA 1383/2021 (MV-D)
IN MFA NO.3884/2022 BETWEEN:
DIVISIONAL MANAGER K.S.R.T.C ., SUB URBAN DIVISION BANNIMANTAPA MYSURU - 570 015 PRESENTLY BY THE CHIEF LAW OFFICER K. S .R.T.C CENTRAL HEAD OFFICE Digitally signed K.H. ROAD by GAVRIBIDANUR DOUBLE ROAD SUBRAMANYA GUPTA SHANTHINAGAR SREENATH BENGALURU - 560 027 Location: HIGH COURT OF REP BY ITS CHIEF LAW OFFICER KARNATAKA … APPELLANT (BY SRI. RAJASHEKAR S.,ADVOCATE)
AND:
1. SMT.PUTTAVENKATAMMA @
VENKATAMMA W/O SIDDAIAH AGED ABOUT 56 YEARS MFA No. 1488 of 2021 MFA No. 1515 of 2021 MFA No. 4809 of 2021 MFA No. 2308 of 2022 MFA.CROB No. 79 of 2021 R/AT KOLLEGOWDANAHALLI KASABA HOBLI H D KOTE TALUK MYSURU DISTRICT - 571 125
2. SRI SHIVANANJAIAH M S/O MANCHAIAH AGED ABOUT 41 YEARS R/AT NO 83, MADAPURA VILLAGE HAMPAPURA HOBLI H D KOTE TALUK MYSURU DISTRICT - 571 125 … RESPONDENTS (BY SRI.SYED ABDUL SABOOR .,ADVOCATE FOR R-1., NOTICE SERVED TO R-2)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.11.2021 PASSED IN MVC NO.424/2019 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE AND MACT, MYSURU, AWARDING COMPENSATION OF RS.1,00,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.1383/2021 BETWEEN:
DIVISIONAL MANAGER K.S.R.T.C., MYSORE RURAL DIVISION BANNIMANTAPA PRESENTLY BY THE MANAGING DIRECTOR K. S .R.T.C CENTRAL HEAD OFFICE K.H. ROAD DOUBLE ROAD SHANTHINAGAR BENGALURU - 560 027 MFA No. 1488 of 2021 MFA No. 1515 of 2021 MFA No. 4809 of 2021 MFA No. 2308 of 2022 MFA.CROB No. 79 of 2021 REP BY ITS CHIEF LAW OFFICER … APPELLANT (BY SRI. RAJASHEKAR S.,ADVOCATE)
AND:
1. JAYALAKSHMI W/O.LATE AGANAIKA AGED ABOUT 36 YEARS
2. SHEELAVATHI D/O LATE NAGANAIKA AGED ABOUT 16 YEARS
3. SHYLA D/O NAGANAIKA AGED ABOUT 14 YEARS
4. MARICHIKKAMMA D/O LATE NAGANAIKA AGED ABOUT 66 YEARS SINCE RESPONDENTS 2 & 3 ARE MINORS, THEY ARE REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER/RESPODENT NO.1 AS NEXT FRIEND ALL ARE R/AT HEBBALAKUPPE VILLAGE AND POST, KASABA HOBLI H.D.KOTE TALUK - 571 114 … RESPONDENTS (BY SRI.SUMA K., ADVOCATE FOR R-1 & R-4.;
R-2 & R-3 ARE MINORS AND ARE REPRESENTED BY R-1)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 31.1.2020 PASSED BY THE IV ADDITIONAL DISTRICT AND MFA No. 1488 of 2021 MFA No. 1515 of 2021 MFA No. 4809 of 2021 MFA No. 2308 of 2022 MFA.CROB No. 79 of 2021 SESSIONS JUDGE AND MACT, MYSURU IN MVC NO.316/2019, CONSEQUENTLY DISMISS THE CLAIM PETITION.
IN MFA NO.1488 OF 2021 BETWEEN:
DIVISIONAL CONTROLLER K.S.R.T.C ., MYSORE RURAL DIVISION BANNIMANTAPA PRESENTLY BY THE MANAGING DIRECTOR, K. S .R.T.C CENTRAL HEAD OFFICE K.H. ROAD DOUBLE ROAD SHANTHINAGAR BENGALURU - 560 027 REP BY ITS CHIEF LAW OFFICER … APPELLANT (BY SRI. RAJASHEKAR S.,ADVOCATE)
AND:
1. ANUPAMA W/O MAHADEVA AGED ABOUT 20 YEARS
2. MAHADEV S/O MUDDAIAH AGED ABOUT 26 YEARS BOTH ARE R/AT ANAGATTI VILLAGE K.G.HALLI POST H.D.KOTE TALUK … RESPONDENTS (BY SMT.SUMA K., ADVOCATE FOR R-1 & R-2)
MFA No. 1488 of 2021 MFA No. 1515 of 2021 MFA No. 4809 of 2021 MFA No. 2308 of 2022 MFA.CROB No. 79 of 2021 THIS MFA FILED U/S 173(1) OF MV ACT PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 31.1.2020 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, MYSURU IN MVC NO.315/2019, CONSEQUENTLY DISMISS THE CLAIM PETITION.
IN MFA NO.1515 OF 2021 BETWEEN:
DIVISIONAL MANAGER K.S.R.T.C MYSORE RURAL DIVISION, BANNIMANTAPA PRESENTLY BY THE MANAGING DRIECTOR, K. S .R.T.C CENTRAL HEAD OFFICE K.H. ROAD, DOUBLE ROAD SHANTHINAGAR BENGALURU - 560 027 REP BY ITS CHIEF LAW OFFICER … APPELLANT (BY SRI. RAJASHEKAR S.,ADVOCATE)
AND:
1. H.R.VENKATARAMANA SHETTY S/O.LATE H.R.RANGA SHETTY AGED ABOUT 51 YEARS
2. H.V.VAIBHAVA LAKSHMI D/O H.R.VENKATARAMANA SHETTY AGED ABOUT 21 YEARS BOTH ARE R/AT RAMAMANDIRA BEEDI HEBBALAKUPPE VILLAGE & POST H.D.KOTE TALUK - 571 114 .. RESPONDENTS (BY SMT.SUMA K., ADVOCATE FOR R-1 & R-2)
MFA No. 1488 of 2021 MFA No. 1515 of 2021 MFA No. 4809 of 2021 MFA No. 2308 of 2022 MFA.CROB No. 79 of 2021 THIS MFA FILED U/S 173(1) OF MV ACT PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 31.1.2020 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, MYSURU IN MVC NO.317/2019, CONSEQUENTLY DISMISS THE CLAIM PETITION.
IN MFA NO.4809/2021 BETWEEN:
1 . H.R.VENKATARAMANA SHETTY S/O LATE H.R.RANGA SHETTY, AGED 51 YEARS, R/AT RAMAMANDIRA BEEDI HEBBALAKUPPE VILLAGE AND POST, H.D.KOTE TALUK-571114
2 . H.V.VAIBHAVA LAKSHMI D/O H.R.VENKATARAMANA SHETTY, AGED ABOUT 21 YEARS, R/AT RAMAMANDIRA BEEDI HEBBALAKUPPE VILLAGE & POST, H.D.KOTE TALUK-571 114 … APPELLANTS (BY SMT.SUMA K., ADVOCATE)
AND:
DIVISIONAL CONTROLLER K.S.R.T.C., MYSURU RURAL DIVISON, BANNIMANTAPA MYSURU - 570 015 … RESPONDENT (BY SRI.RAJASHEKAR S.,ADVOCATE)
MFA No. 1488 of 2021 MFA No. 1515 of 2021 MFA No. 4809 of 2021 MFA No. 2308 of 2022 MFA.CROB No. 79 of 2021 THIS MFA FILED U/S 173(1) OF MV ACT PRAYING TO PASS AN ORDER MODIFYING THE JUDGMENT AND AWARD PASSED ON 31.01.2020, IN MVC NO.317/2019 ON THE FILE OF IV ADDL.DISTRICT AND SESSIONS JUDGE AND MACT, MYSURU AND GRANT JUST AND FAIR COMPENSATION.
IN MFA NO.2308/2022 BETWEEN:
SMT.PUTTAVENKATAMMA @
VENKATAMMA W/O SIDDAIAH AGED ABOUT 56 YEARS R/AT KOLLEGOWDANAHALLI KASABA HOBLI H D KOTE TALUK MYSURU DISTRICT - 571 125 … APPELLANT (BY SRI.SYED ABDUL SABOOR.,ADVOCATE)
AND:
1. SRI SHIVANANJAIAH M S/O MANCHAIAH AGED ABOUT 43 YEARS R A/T 83, MADAPURA VILLAGE HAMPAPURA HOBLI, H.D. KOTE TQ 571125 MYSURU DISTRICT MFA No. 1488 of 2021 MFA No. 1515 of 2021 MFA No. 4809 of 2021 MFA No. 2308 of 2022 MFA.CROB No. 79 of 2021
2 . THE DIVISIONAL MANAGER KSRTC SUB URBAN DIVISION BANNIMANTAPA MYSURU 570 015 … RESPONDENTS (BY SRI.RAJASHEKAR S.,ADVOCATE FOR R-2;
R-1 . SERVED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD PRAYING TO PASS AN ORDER MODIFYING THE JUDGMENT AND AWARD PASSED ON 16.11.2021, IN MVC NO.424/2019 ON THE FILE OF IV ADDL.DISTRICT AND SESSIONS JUDGE AND MACT, MYSURU AND GRANT JUST AND FAIR COMPENSATION.
M.F.A CROB. 79/2021 IN MFA NO.1383/2021:
1 . JAYALAKSHMI W/O LATE NAGANAIKA, AGED ABOUT 37 YEARS, 2 . SHEELAVATHI D/O LATE NAGANIKA, AGED ABOUT 17 YEARS, MINOR, REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER AS NEXT FRIEND I.E.,CROSS OBJECTIOR NO.1
3 . SHYLA D/O LATE NAGANAIKA, AGED ABOUT 15 YEARS, MFA No. 1488 of 2021 MFA No. 1515 of 2021 MFA No. 4809 of 2021 MFA No. 2308 of 2022 MFA.CROB No. 79 of 2021 MINOR, REPRESENTED BY THEIR NATURAL GURADIAN MOTHER AS NEXT FRIEND I.E., CROSS OBJECTOR NO.1
4 . MARICHIKKAMMA W/O LATE SIDDANAIKA, AGED ABOUT 65 YEARS, R/A HEBBALAKUPPE VILAGE &
POST, KASABA HOBLI, H.D. KOTE TALUK … CROSS OBJECTORS (BY SMT.SUMA K., ADVOCATE)
AND:
DIVISIONAL MANAGER K.S.R.T.C., MYSURU RURAL DIVISION BANNIMANTAPA MYSURU - 570 015 … RESPONDENT (BY SRI.RAJASHEKAR S.,ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL CROSS OBJECTION FILED UNDER ORDER 41 RULE 22 AND SECTION 173 OF THE MOTOR VEHICLES ACT, PRAYING TO PASS AN ORDER MODIFYING THE JUDGMENT AND AWARD PASSED ON 31.01.2020, IN MVC NO.316/2019 ON THE FILE OF IV ADDL.DISTRICT AND SESSIONS JUDGE AND MACT, MYSURU AND GRANT JUST AND FAIR COMPENSATION.
THESE APPEAL & CROSS OBJECTION ARE COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
MFA No. 1488 of 2021 MFA No. 1515 of 2021 MFA No. 4809 of 2021 MFA No. 2308 of 2022 MFA.CROB No. 79 of 2021
J U D G M E N T
MFA Nos.1383/2021, 1488/2021, 1515/2021, 4809/2021 and MFA.CROB No.79/2021 in MFA No.1383/2021 are preferred by the Karnataka State Road Transport Corporation ('Corporation' for short) and the claimants questioning the common judgment & award dated 31st January, 2020 passed in MVC Nos.315/2019, 316/2019 and 317/2019.
2. MFA Nos.3884/2022 and 2308/2022 are preferred by the Corporation and the claimants respectively questioning the judgment & award dated 16th November, 2021 passed in MVC No.424/2019.
3. The appeals preferred by the Corporation are on the ground of exorbitant and excessive compensation awarded by the Tribunal and that the liability exclusively fastened against the Corporation, is bad in law in view of the excess passengers carried in the autorickshaw, which contributed to the occurrence of the accident and the negligence ought to have attributed against the autorickshaw to an equal extent. Whereas, appeals preferred by the claimants is on the ground MFA No. 1488 of 2021 MFA No. 1515 of 2021 MFA No. 4809 of 2021 MFA No. 2308 of 2022 MFA.CROB No. 79 of 2021 of inadequate and meager compensation awarded by the Tribunal.
4. As all these appeals are arising out of the common accident, they are taken up together for disposal.
5. Parties to the appeals shall be referred to as per their status before the Tribunal.
6. Brief facts of the case are as under:
6.1 It is unfortunate case of death of two adults and 'one unborn baby in the womb of mother' so also one Smt. Puttavenkatamma sustaining injuries. It is the specific case of the claimants in all the claim petitions that on 17.12.2018 at about 12.40 p.m. pregnant mother of the unborn baby (Smt. Anumpama/claimant No.1 in MVC No.315/2019), Naganaika, Sarvamangala, Puttavenkatamma and others were traveling in an autorickshaw bearing Registration No.KA-45-A-0082 from H.D. Kote towards Hebbalukoppa village, during which time, driver of the KSRTC bus bearing Registration No.KA-09-F-4121 drove the same in a rash and negligent manner so as to MFA No. 1488 of 2021 MFA No. 1515 of 2021 MFA No. 4809 of 2021 MFA No. 2308 of 2022 MFA.CROB No. 79 of 2021 endanger human life and safety and dashed against the hind portion of the autorickshaw, due to which Sarvamangala died at the spot and nine months fetus of the claimant No.1 in MVC No.315/2019 and Naganaiaka sustained grievous injuries all over the body and succumbed to the injuries.
6.2 MVC No.315/2019 was filed by the parents of the unborn baby. At the time of the accident, claimant No.1 was in her nine months pregnancy. The 1st claimant suffered severe injuries and despite the best treatment, the unborn baby could not survive and was declared as dead. The parents of the unborn baby filed the claim petition seeing compensation for the loss of life of the unborn baby, who could not see light of the day because of the rash and negligent driving by the driver of the bus.
6.3 MVC No.316/2019 was filed by widow, minor children and mother of the deceased Naganaika, who was a passenger in the autorickshaw which met with the accident on the fateful day. Due to the occurrence of the accident, Naganaika suffered severe injuries and he was shifted to MFA No. 1488 of 2021 MFA No. 1515 of 2021 MFA No. 4809 of 2021 MFA No. 2308 of 2022 MFA.CROB No. 79 of 2021 Government Hospital, H.D. Kote for first aid treatment and thereafter, he was shifted to Suyog hospital, Mysuru, where he was admitted as an in-patient. Despite the best treatment, he could not survive and succumbed to the injuries. The claimants who are the widow, minor children and mother have lost their earning member due to sudden and untimely death of deceased Naganaika and therefore, they filed the claim petition seeking compensation.
6.4 MVC No.317/2019 was filed by husband and daughter for the death of one Smt. Sarvamangala, who was also passenger in the autorickshaw which met with the accident on the fateful day. Due to the occurrence of the accident, Sarvamangala died on the
