Partly allowed

Sri.M.Muniswamy v. the Managing Director K S R T C

Karnataka HC10 Jun 2015MFA/445/2015

Case brief

AI extract

What is this about?

The High Court allowed the appeal partly, granting the appellant an additional compensation of Rs. 62,400 for loss of leave due to 104 days of hospitalization as a police constable, with interest from the petition date.

What did the court decide?

The appellant is entitled to Rs. 62,400 with interest at 6% p.a. from the date of petition, excluding interest for the 599-day delay in filing the appeal.

Sri.M.Muniswamy Vs the Managing Director K S R T C — Writ and Judicial Review | Karnataka HC (2015)

¶1

MFA 445/2015

¶2

��

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JUNE, 2015

¶4

BEFORE

¶5

THE HON’BLE MR. JUSTICE A.S.PACHHAPURE MISCELLANEOUS FIRST APPEAL No.445 OF 2015 (MV)

¶6

BETWEEN:

¶7

SRI M MUNISWAMY S/O MUNISHAMY AGED ABOUT 59 YEARS RESIDING AT NO.12/3 POLICE QUARTERS KOLAR TOWN. ... APPELLANT (BY SRI: GOPAL KRISHNA N, ADV)

¶8

AND:

¶9

THE MANAGING DIRECTOR K S R T C CENTRAL OFFICE KENGAL HANUMANTHAIAH ROAD SHANTHI NAGAR BANGALORE – 560 027. (BY SRI: K NAGARAJA, ADV)

... RESPONDENT

MFA 445/2015

��

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.02.2013 PASSED IN MVC NO.7947/2011 ON THE FILE OF THE XXI ACMM & XXIII ASCJ, BENGALURU, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶14

THIS MFA COMING ON FOR FURTHER ORDERS, THIS DAY THE COURT DELIVERED THE FOLLOWING:

¶15

J U D G M E N T

¶16

Despite the fact that the appellant was inpatient in the hospital for 104 days, the Tribunal has not granted any compensation towards loss of leave. Therefore, the present appeal is filed seeking enhancement.

¶17

The occurrence of accident, rash and negligent driving, involvement of the vehicle and liability are not in dispute. The appeal is confined only to quantum of compensation.

¶18

As evident from the judgment, the

¶19

appellant was inpatient in the hospital for 104 days. He is a police constable. His salary was

¶20

MFA 445/2015

¶21

��

¶22

Rs.18,000/-/. As he was inpatient in the hospital for 3 months and 14 days, the compensation towards loss of leave would be Rs.62,400/- i.e., salary for 3 months and 14 days. As the compensation on other heads is just and proper, the appellant is entitled to compensation only under the head loss of leave.

¶23

Consequently, the appeal is allowed

¶24

in part. The appellant is entitled to Rs.62,400/- with interest at 6% p.a. from the date of petition till its payment in addition to the compensation awarded by the Tribunal.

¶25

It is made clear that the appellant is not entitled to the interest for the delayed period

¶26

of 599 days in filing the appeal.

¶27

Sd/-

¶28

JUDGE

¶29

*bgn/-

Sri.M.Muniswamy v. the Managing Director K S R T C

Case brief

What is this about?

What did the court decide?

Sri.M.Muniswamy v. the Managing Director K S R T C

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shivaraju Vs K C Srinivas

Shivarudra Vs the Oriental Insurance Co. Ltd.

Rahamathulla Vs Shivananda

Manjunath Vs Sidappa @ Revanasiddappa

K Devadas Vs Icici Lombard Motor

Mallu S/O Girigowda Vs Divisional Controller Ksrtc