HC pulls up KKRTC for misleading court in fatal crash case
Kalaburagi: The Kalyana Karnataka Road Transport Corporation (KKRTC) has been pulled up by the Karnataka high court for allegedly making a false claim in a road accident case, after it blamed the deceased for the mishap while having already prosecuted its own driver for negligence.
The corporation had argued before the high court that there was no fault on the part of its driver and claimed the deceased was standing at the roadside. However, the dependents of the victim pointed out that KKRTC had earlier held its driver responsible for the accident. Taking note of the contradictory stand, the high court directed the corporation to recover ₹25,000 as costs from the officer concerned for misleading judicial proceedings.
Vinod Kumar Mane, a passenger, died after falling from a city bus while standing near the door. In March 2023, the Motor Accident Claims Tribunal and the first additional senior civil judge awarded compensation of ₹1.1 crore with 6% annual interest. KKRTC had challenged the verdict, contending that the deceased acted negligently by standing at the doorway.
Dismissing the appeal, a division bench of Justices Suraj Govindaraj and Chillkur Sumaltha on April 23 imposed costs payable to the State Legal Services Authority by May 21. While observing that exemplary costs could have been imposed, the court termed the amount nominal. It directed that the cost be recovered from responsible officers after an internal inquiry and asked the KKRTC managing director to issue circulars ensuring full disclosure of material facts, including disciplinary proceedings, in all legal cases. The bench also ordered the setting up of a mechanism to ensure consistency in pleadings and fix accountability for misleading stands.
The court noted that the driver, who was on contract, had been removed from service due to the accident, while the conductor was punished with permanent withholding of one annual increment.
Confirming the order, Sharanabasappa D Bhavikatti, chief law officer, KKRTC, said the corporation had argued that the deceased was partly responsible as he stood at the bus door despite vacant seats. However, the HC rejected KKRTC’s contention, observing that the corporation attempted to shift the entire blame onto the deceased. He added that the crew was penalised for negligence in not closing the bus door, which led to the fatal accident.
Vinod Kumar Mane, a passenger, died after falling from a city bus while standing near the door. In March 2023, the Motor Accident Claims Tribunal and the first additional senior civil judge awarded compensation of ₹1.1 crore with 6% annual interest. KKRTC had challenged the verdict, contending that the deceased acted negligently by standing at the doorway.
Dismissing the appeal, a division bench of Justices Suraj Govindaraj and Chillkur Sumaltha on April 23 imposed costs payable to the State Legal Services Authority by May 21. While observing that exemplary costs could have been imposed, the court termed the amount nominal. It directed that the cost be recovered from responsible officers after an internal inquiry and asked the KKRTC managing director to issue circulars ensuring full disclosure of material facts, including disciplinary proceedings, in all legal cases. The bench also ordered the setting up of a mechanism to ensure consistency in pleadings and fix accountability for misleading stands.
The court noted that the driver, who was on contract, had been removed from service due to the accident, while the conductor was punished with permanent withholding of one annual increment.
Confirming the order, Sharanabasappa D Bhavikatti, chief law officer, KKRTC, said the corporation had argued that the deceased was partly responsible as he stood at the bus door despite vacant seats. However, the HC rejected KKRTC’s contention, observing that the corporation attempted to shift the entire blame onto the deceased. He added that the crew was penalised for negligence in not closing the bus door, which led to the fatal accident.
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