The High Court of Karnataka has directed the Road Transport Corporation to ensure that its disciplinary authorities do not take contradictory stands while filing written statements in the Motor Vehicle Accident Claim proceedings.
Dismissing a petition filed by Karnataka State Road Transport Corporation (KSRTC) pertaining to an accident, Justice Suraj Govindaraj has also directed the managing director to institute a proper Standard Operating Procedure (SOP) to deal with such issues.
The petition was filed by KSRTC challenging the order passed by the Principal District Judge, Tumakuru. The district court had directed the KSRTC to reinstate a driver with continuity of service and without back wages from the date of dismissal, but withholding three increments. KSRTC contended that there was serious delinquency on the part of the driver in an accident that took place on July 26, 2015, which resulted in two deaths.
On the other hand, the driver argued that in the Motor Accident Claim Tribunal (MACT) proceedings, the KSRTC had supported him stating that the accident had happened due to rash and negligence riding of the motorcyclist. However, the corporation implicated him in the disciplinary proceedings and dismissed him from service.
“The Road Transport Corporation, in order to escape its liability in the M.A.C.T. matter, has taken up the contention that the driver was driving in a proper manner and rider of the two-wheeler was driving in a rash and negligent manner but on the other hand in the disciplinary proceedings it is contended that its own driver was rash and negligent. It is required for any litigant more so an instrumentality of the state to adhere to one set of facts and not change the set of facts depending on its convenience and/or requirements,” Justice Suraj Govindaraj said.
The court also said that it was only in order to try and escape the payment of compensation that a false stand has been taken by the corporation.
“It is also relevant to take note that not only was the precious time of the Tribunal. wasted by taking the said false defence offered by the Road Transport Corporation, but more importantly, the victim of the road accident was denied immediate relief, and succour by way of payment of compensation.
The said payment being delayed until the finding being rendered by the Tribunal after evidence being led. These kind of actions on part of the Road Transport Corporation are required to be deprecated and are deprecated,” the court said and directed the KSRTC to place a compliance report on November 15, 2022, in regard to SOP.
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