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2020 DIGILAW 1742 (KAR)

Karnataka State Road Transport Corporation Central Office v. Chandrahasa

2020-09-07

E.S.INDIRESH, S.SUJATHA

body2020
JUDGMENT S. Sujatha, J. - Since common and akin issues are involved in these matters, they are clubbed, heard together and disposed of by this common judgment. 2. All these appeals arise out of the same accident which occurred on 14.02.2011 at about 8.30 a.m. near Kaniminike Colony, B.M. Road, Kengeri Hobli, Bengaluru South Taluk involving the KSRTC bus bearing registration No.KA-01-F-8081 (offending vehicle) and the lorry bearing registration No.KA-42-3539. 3. On the ill-fated day, some of the passengers while traveling in the KSRTC bus bearing registration No.KA-01-F-8081 in the route Devanahalli to Ramanagar met with the road traffic accident and sustained injuries/succumbed to the injuries sustained. Claim petitions were filed under Section 166 of the Motor Vehicles Act, 1988 by the injured/legal representatives of the deceased, claiming compensation alleging actionable negligence on the part of driver of the offending vehicle before different jurisdictional Motor Accident Claims Tribunals (MACTs). 4. The fulcrum of disputes in these appeals revolves around the liability aspect determined by the different jurisdictional Motor Accident Claims Tribunals. The liability fixed by the MACTs with reference to the same accident in different claim petitions is collated and the same is as shown below:- Sl.No. MFA Number Claim Petition Number MACT Liability fixed 1 MFA No.3752/2014 MVC No.1343/2011 MACT, SCCH17, BENGALURU 100% on KSRTC 2 MFA No.7675/2013 & MFA No.8202/2013 MVC No.5102/2011 MACT, SCCH11, BENGALURU 50% on KSRTC; 50% on Lorry 3 MFA No.3592/2015 & MFA No.13/2015 MVC No.3141/2011 MACT, SCCH22, BENGALURU 100% on KSRTC 4 MFA No.6938/2014 & MFA No.1567/2014 MVC No.1825/2011 MACT, SCCH-2, BENGALURU 100% on KSRTC 5 MFA No.2705/2014 & MFA No.1566/2014 MVC No.1467/2011 MACT, SCCH-3, BENGALURU 100% on KSRTC 6 MFA No.3754/2014 MVC No.282/2012 MACT, Channapattana 60% on KSRTC 40% on Lorry 5. Though the appellants in these appeals have challenged the judgments and awards of the different MACTs under various grounds as aforesaid, primary and foremost ground relates to the liability fixed by the MACTs to make the payment of compensation determined. It is well settled principle that the judicial decorum warrants consistency and uniformity in the orders, more particularly relating to one road traffic accident where multiple number of claim petitions are filed by the different claimants for their individual grievances of suffering injuries or the death of the victim. 6. It is well settled principle that the judicial decorum warrants consistency and uniformity in the orders, more particularly relating to one road traffic accident where multiple number of claim petitions are filed by the different claimants for their individual grievances of suffering injuries or the death of the victim. 6. Before analyzing the other grounds of challenge inasmuch as the quantum of compensation awarded by the MACTs, we are of the considered opinion that the incongruous finding of the MACTs regarding the liability aspect has to be addressed at the first instance. The adjudication of this liability issue requires to be made clubbing all the matters arising out of the same accident so that the comprehensive analysis could be made by one MACT to decide the factum of negligence on the part of the driver of the vehicles involved vis- -vis saddling of the liability on the tortfeaser. As such, without dwelling upon the aspect of challenge made to the quantum of compensation, we deem it appropriate to set aside the impugned judgments and awards and transfer all these cases to the Small Causes Principal Court and MACT, Bengaluru to decide these matters together in accordance with law. 7. Hence, the following ORDER i) The judgments and awards impugned in these appeals are set aside. ii) The matters are remitted to the Small Causes Principal Court and MACT, Bengaluru to pass a common judgment and award clubbing all these matters together, in an expedite manner in accordance with law. iii) All the rights and contentions of the parties are left open. The parties are at liberty to adduce fresh evidence, if any. iv) The amount in deposit shall be transmitted to the Small Causes Principal Court and MACT, Bengaluru. The said transferred amount shall be deposited in fixed deposit in any nationalized bank till the disposal of the claim petitions. v) The Registry shall transfer all the original records to the Small Causes Principal Court and MACT, Bengaluru. vi) Since the parties are represented by their respective counsels, the parties or the learned counsel for the parties are directed to appear before the Small Causes Principal Court and MACT, Bengaluru on 05.10.2020 without waiting for any notice and shall take further orders. vii) Appeals stand disposed of in terms of the above. viii) In view of disposal of the appeals, pending I.As., if any, stand disposed of.