Dismissed

The Managing Director v. Basanagouda Shivanagouda Manikatti

Karnataka HC2 Jul 2012MFA/20685/2008

Case brief

AI extract

What is this about?

This is a miscellaneous first appeal by NWKRTC challenging a Motor Accident Tribunal award of Rs. 40,105.50. The appellant contended the Tribunal erred in imputing liability to their corporation bus and driver despite acquittal in the criminal case. The Bench dismissed the appeal, holding the Tribunal was justified in placing liability on the Corporation bus.

What did the court decide?

The appeal was dismissed and the compensation award of Rs. 40,105.50 awarded by the Tribunal remained operative.

The Managing Director Vs Basanagouda Shivanagouda… — Motor Accident Claims | Karnataka HC (2012)

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THE HIGH CIRCUIT BENCH, DHARAWAD IN COURT OF KARNATAKA

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Dated the 2nd day of July 2012

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:BEFORE:

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MISCELLANEOUS FIRST APPEAL No. 20685 I 2008 (MV) HON’BLE MR.JUSTICE : V.JAGANNATHAN

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BETWEEN:

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THE MANAGING DIRECTOR NWKRTC GOKUL ROAD, HUBLI

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CHIKODI DIVISION

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1. THE DIVISIONAL CONTROLLER NWKRTC, CHIKKODI

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.Appellants

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(By Sri I.C.Patil, Advocate.)

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AND:

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Age: 30 YRS, 0CC BUSINESS RIO EXTENSION. TAGORE ROAD, GADAG

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I. BASANAGOUDA SRIVANAGOUDA MANIKATTI

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NOW AT GOKAK DEPOT, Age: 45 YRS. 0CC DRIVER, RIO SAUDATTI 2. MALLIKARJUNYYA KOTRAYYA HIREMATH BELGAUM DISTRICT.

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Respondents

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(By Sri Basanagouda Shivanagouda Manikatti, R-1 — partyin-person.)

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dated 27.5.2008 passed in MVC No. 12/2003 on the file Miscellaneous First Appeal filed under Section 173(1) of the M.V.Act against the judgment and award

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Gadag, awarding a compensation of Rs.40, 105.50 ps. of the Addi. (Sr.Dn.) Civil Judge & Addi. M.A.C.T.,

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court delivered the following: This appeal coming on for hearing this day, the

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JUDGMENT

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putting the liability on the Corporation bus, the M.A.C.T., Gadag, allowing the claim petition filed by the respondents and awarding Rs.40,105.50 ps. and This appeal is by the NWKRTC being aggrieved by

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but that, the appellant was made a party and secondly, the driver of the Corporation bus was also acquitted in the criminal claimants accident the not occurred implead the insurer of the other vehicle but only the is vehicles, The submission of the learned counsel for the appellant-NWKRTC involving two did 2.

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court comes to the conclusion that the Corporation bus case. was also at fault to some extent, then, the liability be liability put on the Corporation be set aside and, if the As such, the compensation awarded and the

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reduced to 50%.

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fault and on account of his fault, the Corporation bus entire liability on the Corporation bus. Therefore, the Tribunal was justified in putting the vehicle got down to speak to one Babu Makandar. 3. R-1 party-in-person, on the other hand, submitted that it was the driver of the NWKRTC bus who was at dashed to the parked vehicle as the driver of the other

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acquitted in the criminal case. the claimants indicating that the Corporation bus hit the parked vehicle, in my view, the Tribunal committed driver notwithstanding the fact that the bus driver was Having thus heard both sides and the evidence of no error in putting the liability on the Corporation bus 4.

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deposit be transferred to the Tribunal. Hence, the appeal is dismissed. The amount in 5.

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Sd/ JUDGE

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ckc/

The Managing Director v. Basanagouda Shivanagouda Manikatti

Case brief

What is this about?

What did the court decide?

The Managing Director v. Basanagouda Shivanagouda Manikatti

Case brief

What is this about?

What did the court decide?

What the court decided

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