AWARD

DATED

07.08.2014 PASSED IN MVC NO.475/2013 ON THE FILE OF THE

PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL

2

MACT, RANEBENNUR PARTLY ALLOWING THE CLAIM PETITION

FOR

COMPENSATION

SEEKING

ENHANCEMENT

OF

COMPENSATION.

IN MFA NO.103045/2014

THE DIVISIONAL CONTROLLER,

KSRTC, RAMANAGAR

DIVISION, DT: RAMNAGAR,

RPTD.BY THE CHIEF LAW OFFICER

NWKRTC, CENTRAL OFFICE,

HUBLI.

(BY SRI.I. C. PATIL, ADVOCATE)

AGE: 32 YEARS, OCC: TEMPO DRIVING WORK &

BUSINESS, R/O. KUPPELUR VILLAGE,

TQ: RANEBENNUR, DT: HAVERI

(BY SRI.M H PATIL, ADVOCATE)

THIS APPEAL IS FILED U/SEC.173(1) OF THE MOTOR

VEHICLES ACT, 1988, AGAINST THE JUDGMENT & AWARD

DATED:07.08.2014, PASSED IN MVC.NO.475/2013, ON THE

FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MEMBER,

ADDITIONAL

MOTOR

ACCIDENT

CLAIMS

TRIBUNAL,

RANEBENNUR, AWARDING COMPENSATION OF RS.3,56,500/-

ALONG WITH THE INTEREST AT THE RATE OF 7% P.A. FROM

THE DATE OF PETITION TILL ACTUAL REALIZATION.

IN MFA NO.103046/2014

THE DIVISIONAL CONTROLLER,

KSRTC, RAMANAGAR DIVISION,

DT: RAMANAGAR,

RPTD.BY THE CHIEF LAW OFFICER,

3

NWKRTC, CENTRAL OFFICE,

HUBLI.

(BY SRI.I C PATIL, ADVOCATE)

1 . NINGAPPA S/O BIDDAPPA HARAVI,

AGE: 56 YEARS, OCC: COCONUT AND

KIRANI STALL, BUSINESS,

R/O. MEDLERI VILLAGE,

TQ: RANEBENNUR, DT: HAVERI.

2 . MALLESHAPPA S/O NINGAPPA HARAVI

AGE: 36 YEARS, OCC: COOLI WORK,

R/O. MEDLERI VILLAGE,

TQ: RANEBENNUR, DT: HAVERI.

3 . BASAVARAJ S/O NINGAPPA HARAVI

AGE: 31 YEARS, OCC: COOLI WORK,

R/O. MEDLERI VILLAGE,

TQ: RANEBENNUR, DT: HAVERI.

4 . SANTOSH S/O NINGAPPA HARAVI

AGE: 26 YEARS, OCC: COOLI WORK,

R/O. MEDLERI VILLAGE,

TQ: RANEBENNUR, DT: HAVERI

…RESPONDENTS

(NOTICE TO R1-4 SERVED)

THIS APPEAL IS FILED U/SEC.173(1) OF THE MOTOR

VEHICLES ACT, 1988, AGAINST THE JUDGMENT & AWARD

DATED:07.08.2014, PASSED IN MVC.NO.476/2013, ON THE

FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MEMBER,

ADDITIONAL

MOTOR

ACCIDENT

CLAIMS

TRIBUNAL,

RANEBENNUR, AWARDING COMPENSATION OF RS.1,39,200/-

ALONG WITH THE INTEREST AT THE RATE OF 6% P.A. FROM

THE DATE OF PETITION TILL ACTUAL REALIZATION.

THESE APPEALS COMING ON FOR ORDERS, THIS DAY,

S.G. PANDIT J., DELIVERED THE FOLLOWING:

4

JUDGMENT

All the three appeals arise out of common judgement

and award passed in MVC Nos.475/2013 and 476/2013 on

the file of the Principal Senior Civil Judge & Additional

MACT, Ranebennur.

2.

MFA

No.103064/2014

arises

from

MVC

No.475/2013 which was filed by injured Hayathsab S/o

Jamalsab Gusihal @ Kotihal claiming compensation under

Section 166 of Motor Vehicle Act for the injuries sustained

by him in an accident that occurred on 09.02.2013

involving matador bearing No.KA-05/8136 and KSRTC bus

bearing No.KA-42/F-293. It is stated that the injured was

doing business as well as driving work and was earning a

sum of Rs.20,000.00 per month. He was aged 40 years as

on the date of accident.

MFA

No.103045/2014

as

well

as

MFA

No.103046/2014 are filed by the NWKRTC questioning the

liability fastened on it in the above stated jugdement and

award.

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The claimants i.e., dependents of the deceased

Giriyamma

Haravi

were

before

this

Court

in

MFA

No.103065/2014 claiming enhancement of compensation

not being satisfied with the quantum of compensation

awarded under the above said judgement and award. The

said appeal is dismissed for non-prosecution.

3.

Heard learned counsel Sri I. C. Patil for

NWKRTC. There is no representation for the respondents

and appellant in MFA No.103064/2014.

4.

The learned counsel, Sri I. C. Patil would

submit that NWKRTC is before this Court only questioning

the liability fastened on it in the judgement and award in

question. He submits that the accident had taken place

between two vehicles and the Tribunal committed an error

in fastening the liability on NWKRTC and the driver of the

bus. It is his submission that the accident had taken place

due to the contributory negligence of both the drivers of

bus as well as tempo. Further, he submits that the Tribunal

failed to appreciate the materials on record, particularly

6

EX.