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2025 Supreme(Online)(Kar) 32101
KARNATAKA HIGH COURT
MR. S G PANDIT, MR. C.M. POONACHA, JJ
THE DIVISIONAL CONTROLLER, NWKRTC, HIREKERUR DEPOT – Appellant
Versus
SMT. KRISHNAWWA W/O. YALLAPPA BAJANTRI – Respondent
MISCELLANEOUS FIRST APPEAL NO.102298 OF 2023 (MV-DB) | MISCELLANEOUS FIRST APPEAL NO.102300 OF 2023 (MV-D)
For the Appellants/Petitioners: SRI S.C. BHUTI
For the Respondents: SRI ASHOK A.NAIK
Corporation liable for compensation determined based on accident context and established legal representatives.
Headnote:This judgment concerns appeals filed under Section 173(1) of the Motor Vehicles Act, 1988, challenging judgments and awards pertaining to an accident on 13.12.2019 resulting in the death of the deceased. The court determined the liability of the Corporation regarding compensation in two separate claim petitions. Critical determinations addressed whether the Corporation could be liable under both claims and the appropriateness of the compensation awarded. The appeals were partly allowed, modifying the total compensation to ₹24,44,960/- while setting aside the lower tribunal's award in one of the petitions.
| Table of Content |
|---|
| 1. facts of the accident leading to claims. (Para 5 , 6) |
| 2. arguments regarding liability and compensation. (Para 8 , 9) |
| 3. court's findings and reasoning on compensation. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. conclusion and ruling of the appeals. (Para 19) |
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
Although these appeals are listed for admission, with the consent of learned counsel for both the parties, they are heard finally on merits.
2. Both the appeals are filed by the North Western Karnataka Road Transport Corporation1 under Section 173 (1) of the Motor Vehicles Act, 19882. The judgment and award impugned in both the appeals are pertaining to the same accident. Hence, both the appeals are taken up for consideration together.
3. MFA No.102298/2023 is filed by the Corporation challenging the judgment and award dated 10.01.2023, passed in MVC No.178/2020, on the file of X Additional District Judge and Additional M.A.C.T, Belagavi3. MFA No.102300/2023 is filed by the Corporation challenging the
1 Hereinafter referred to as the ‘Corporation’
2 Hereinafter referred to as the ‘M.V. Act’
Hereinafter referred to as the ‘Belagavi Tribunal’judgment and award dated 09.10.2020, passed in MVC No.71/2020, on the file of Member M.A.C.T No.IV, Bagalkot4
4. The parties will be referred to as per their ranking before the Tribunal, for the sake of convenience.
5. The facts in a nutshell leading to the present appeals are that on 13.12.2019 one Tammanna Yallappa Bhajantri5 was proceeding in goods lorry bearing registration No.KA-25/C-1736 from Bagalkot to Gaddankeri, when a bus bearing registration No.KA.27/F-0837, owned by the Corporation, came from opposite direction and while in the process of overtaking another vehicle, came from the wrong side of the road and hit the lorry, in which the deceased was traveling, causing the accident in question. Due to the accident, the deceased sustained grievous injuries and he was shifted to the hospital, where he succumbed to the same, the next day, on 14.12.2019.
6. The mother of the deceased instituted claim proceedings in MVC No.178/2020, on the file of the Belagavi Tribunal arraying the Corporation as respondent No.1, the wife and children of the deceased as respondents No.2 to 4. The Corporation entered appearance through its counsel and contested the proceedings by filing statement of objections. The wife of the deceased, who was arrayed as respondent No.2, remained ex-parte. The Belagavi Tribunal appointed a guardian to represent the minor children of the deceased, who were arrayed as respondents No.3 and 4. The claimant was examined as PW.1. ExP1 to Ex.P9 were marked in evidence. The driver of bus was examined as RW.1. No documents were marked in evidence. The Belagavi Tribunal, by its judgment and award dated 10.01.2023, partly allowed the claim petition and awarded a total compensation of ₹26,94,340/- together with interest at 6% per annum and directed the corporation to pay the compensation. The compensation was apportioned amongst the mother, wife and children of the deceased in the ratio of 30%: 40%:15%: 15%. Being aggrieved, the Corporation has preferred MFA No.102298/2023.
7. Claiming compensation for death of the deceased, the wife and children of the deceased instituted MVC No.71/2020, before the Bagalkot Tribunal, wherein, the Corporation was arrayed as respondent. Despite service of notice on the Corporation, it remained ex-parte. The wife of the deceased was examined as PW.1. Ex.P1 to Ex.P10 were marked in evidence. No oral or documentary evidence was adduced on behalf of the respondents. The Bagalkot Tribunal, by its judgment and award dated 09.10.2020, partly allowed the claim petition and awarded a compensation of ₹20,17,410/- together with interest at 6% per annum. Being aggrieved, the Corporation has preferred MFA No.102300/2023.
8. Learned counsel Sri. S.C. Bhuti appearing for the appellant/Corporation in both the appeals contends that all the legal represen
