Karnataka State Road Transport Corporation Vs Jayalakshmamma

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF JULY, 2022

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA

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MISC. FIRST APPEAL NO. 7204 OF 2019 (MV-I) C/W

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MISC. FIRST APPEAL NO. 4362 OF 2019 (MV-I) MISC. FIRST APPEAL NO. 4369 OF 2019 (MV-I) MISC. FIRST APPEAL NO. 4383 OF 2019 (MV-I) MISC. FIRST APPEAL NO. 4384 OF 2019 (MV-I) MISC. FIRST APPEAL NO. 7198 OF 2019 (MV-I) MISC. FIRST APPEAL NO. 7199 OF 2019 (MV-I) MISC. FIRST APPEAL NO. 7200 OF 2019 (MV-I) MISC. FIRST APPEAL NO. 7201 OF 2019 (MV-I) MISC. FIRST APPEAL NO. 7202 OF 2019 (MV-I) MISC. FIRST APPEAL NO. 7203 OF 2019 (MV-I) MISC. FIRST APPEAL NO. 2805 OF 2020 (MV-D)

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IN MISC. FIRST APPEAL NO. 7204 OF 2019:

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BETWEEN:

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Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA

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KARNATAKA STATE ROAD TRANSPORT CORPORATION K.H. ROAD, SHANTHINAGAR BENGALURU-560 027

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019,

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MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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BY ITS MANAGING DIRECTOR REPRESENTED BY ITS CHIEF LAW OFFICER

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…APPELLANT

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(BY SMT. RENUKA H R., ADVOCATE [PH])

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AND:

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MASTER SRINIVAS S/O. VENKATESH AGE: 7 YEARS, OCC: STUDENT SINCE MINOR REPT. BY HIS FATHER AND NATURAL GUARDIAN

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VENKATESH S/O. THIMMAIAH AGED ABOUT 33 YEARS, R/O. KALLANAKUPPE MARALAVADI POST KANAKAPURA TALUK RAMANAGARA -562 121.

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HEAD MISTRESS

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ACHARYA GURUKULA VIDYA KENDRA

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9^TH CROSS, BAGALAGUNTE, HESARAGATTA BENGALURU-(N) 560 073.

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…RESPONDENTS

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(BY SRI. SURESH M. LATUR, ADVOCATE FOR R1 [THROUGH VC];

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SRI VENKATE GOWDA K., ADVOCATE FOR R2 [PH])

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THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DT.19.03.2019 PASSED IN MVC NO.2315/2018 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSE JUDGE AND XIX ACMM, MEMBER, MACT, BENGALURU (SCCH-23), AWARDING COMPENSATION OF RS.20,000/- WITH INTEREST AT 6 % P.A. FROM THE DATE OF PETITION TILL THE DEPOSIT OF AMOUNT.

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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IN MISC. FIRST APPEAL NO. 4362 OF 2019:

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BETWEEN:

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MASTER SHARATH KUMAR S/O. SRI. MAHADEVA D.M. AGE: 5 YEARS, OCC: STUDENT SINCE MINOR REPT. BY HIS FATHER AND NATURAL GUARDIAN SRI. MAHADEVA D M S/O. SRI. MADAIAH AGED ABOUT 38 YEARS, OCC: AGRICULTURE, R/AT NO.8-2, DEVALAMARADAHAGGU, KALLANAKUPPE, RAMANAGARA-562 121

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… APPELLANT

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(BY SRI. SURESH M. LATUR, ADVOCATE [THROUGH VC])

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AND:

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1 . THE MANAGING DIRECTOR K.S.R.T.C, K.H.ROAD, SHANTHINAGARA, BENGALURU-560 027.

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2 . THE HEAD MISTRESS ACHARYA GURUKULA VIDYA KENDRA, 9^TH CROSS, BAGALAGUNTE, HESARAGATTA, BENGALURU NORTH-560 073.

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… RESPONDENTS

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(BY SMT. RENUKA H.R., ADVOCATE FOR R1 [PH]; NOTICE TO R2 DISPENSED WITH V/O. DATED 25.02.2022)

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019,

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MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATE 19.03.2019 PASSED IN MVC NO.2310/2018 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSE JUDGE AND XIX ACMM, MEMBER, MACT, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MISC. FIRST APPEAL NO. 4369 OF 2019:

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BETWEEN:

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KUM. MANASA D/O. VENKATESH AGE 7 YEARS, OCC: STUDENT SINCE MINOR REPT. BY HIS FATHER AND NATURAL GUARDIAN SRI VENKATESH S/O. SRI THIMMAIAH AGE 33 YEARS, OCC: AGRICULTURE R/AT: KALLANAKUPPE KANAKAPURA TALUK RAMANAGARA-562 121.

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… APPELLANT (BY SRI. SURESH M. LATUR, ADVOCATE [THROUGH VC])

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AND:

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THE MANAGING DIRECTOR K.S.R.T.C., K.H. ROAD, SHANTHINAGARA BENGALURU-560 027.

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2 . THE HEAD MISTRESS ACHARAYA GURUKULA

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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VIDYA KENDRA, 9^TH CROSS BAGALAGUNTE, HESARAGATTA BENGALURU (N)-560 073.

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… RESPONDENTS

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(BY SMT.RENUKA H.R., ADVOCATE FOR R1 [PH]; NOTICE TO R2 DISPENSED WITH V/O. DATED 25.02.2022)

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THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATE.19.03.2019 PASSED IN MVC NO.2311/2018 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND XIX ACMM, MEMBER, MACT (SCCH-23), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MISC. FIRST APPEAL NO. 4383 OF 2019:

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BETWEEN:

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KUM. DIVYA V ., D/O. LATE VENKATACHALA, AGE:12 YEARS, OCC:STUDENT SINCE MINOR REPT.BY HIS FATHER AND NATURAL GUARDIAN SMT.NEELA, W/O. LATE VENKATACHALA AGE: 34 YEARS, OCC:AGRICULTURE R/AT NO.:KALLANAKUPPE, KANAKAPURA TALUK, RAMANAGARA-562 121. … APPELLANT

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(BY SRI. SURESH M. LATUR, ADVOCATE [THROUGH VC])

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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AND:

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THE MANAGING DIRECTOR K.S.R.T.C, K.H. ROAD, SHANTHINAGARA BENGALURU-560 027.

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THE HEAD MISTRESS ACHARAYA GURUKULA VIDYA KENDRA, 9^TH CROSS BAGALAGUNTE, HESARAGATTA BENGALURU (N)-560 073. … RESPONDENTS

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(BY SMT.RENUKA H.R., ADVOCATE FOR R1 [PH]; NOTICE TO R2 DISPENSED WITH V/O. DATED 25.02.2022)

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THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATE.19.03.2019 PASSED IN MVC NO.2314/2018 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSE JUDGE AND XIX ACMM, MEMBER, M.A.C.T., BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MISC. FIRST APPEAL NO. 4384 OF 2019:

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BETWEEN:

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MASTER HITESH GOWDA M. S/O. SRI.MAHADEVA D.M. AGE: 8 YEARS, OCC:STUDENT, SINCE MINOR REPT. BY HIS FATHER AND NATURAL GUARDIAN SRI.MAHADEVA.D.M S/O. SRI.MADAIAH AGE: 33 YEARS, OCC:AGRICULTURE

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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R/AT NO.:NO.8-2, DEVALAMARADAHAGGU, KALLANAKUPPE, RAMANAGAR - 562 121.

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… APPELLANT

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(BY SRI. SURESH M. LATUR, ADVOCATE [THROUGH VC])

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AND:

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THE MANAGING DIRECTOR K.S.R.T.C, K.H. ROAD, SHANTHINAGAR BENGALURU-560 027

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2 . THE HEAD MISTRESS ACHARAYA GURUKULA VIDYA KENDRA, 9^TH CROSS BAGALAGUNTE, HESARAGATTA BENGALURU (N)-560 073.

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… RESPONDENTS

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(BY SMT. RENUKA H.R., ADVOCATE FOR R1 [PH]; NOTICE TO R2 DISPENSED WITH V/O. DATED 25.02.2022)

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THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.03.2019 PASSED IN MVC NO.2312/2018 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND XIX ACMM, MEMBER, M.A.C.T., BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MISC. FIRST APPEAL NO. 7198 OF 2019:

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BETWEEN:

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KARNATAKA STATE ROAD TRANSPORT CORPORATION

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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K.H. ROAD, SHANTINAGAR BENGALURU-560 027 BY ITS MANAGING DIRECTOR REPRESENTED BY ITS CHIEF LAW OFFICER

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… APPELLANT

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(BY SMT. RENUKA H.R., ADVOCATE [PC])

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AND:

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1 . KUM. DEEPU D/O. SRINIVASA AGE: 7 YEARS, OCC: STUDENT, SINCE MINOR REPT. BY HIS FATHER AND NATURAL GUARDIAN SRI SRINIVASA S/O. DURGA GOWDA AGE: 43 YEARS OCC: FARMER R/AT KALLANAKUPPE MARALAVADI POST KANAKAPURA TALUK RAMANAGAR-562 121.

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2 . HEAD MISTRESS

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ACHARYA GURUKULA VIDYA KENDRA 9^TH CROSS, BAGALAGUNTE HESARAGATTA, BENGALURU (N)-560073

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… RESPONDENTS

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(BY SRI SURESH M. LATUR, ADVOCATE FOR R1 [THROUGH VC]; SRI VENKATE GOWDA K., ADVOCATE FOR R2 [PH])

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THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.03.2019 PASSED IN MVC NO.2309/2018 ON THE FILE OF THE XXI ADDITIONAL SMALL

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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CAUSES JUDGE AND XIX ACMM, MEMBER-MACT, BENGALURU (SCCH-23), AWARDING COMPENSATION OF RS.32,389/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATED OF PETITION TILL THE DEPOSIT OF THE AMOUNT IN THE TRIBUNAL.

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IN MISC. FIRST APPEAL NO. 7199 OF 2019:

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BETWEEN:

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KARNATAKA STATE ROAD TRANSPORT CORPORATION K.H. ROAD, SHANTHINAGAR BENGALURU-560 027 BY ITS MANAGING DIRECTOR REPRESENTED BY ITS CHIEF LAW OFFICER

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… APPELLANT

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(BY SMT.RENUKA H.R., ADVOCATE [PH])

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AND:

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1 . MASTER SHARATH KUMAR S/O. MAHADEVA D.M. AGE: 5 YEARS, OCC: STUDENT SINCE MINOR REPT. BY HIS FATHER AND NATURAL GUARDIAN SRI MAHADEVA D.M. S/O. MADAIAH AGE: 38 YEARS, R/AT NO.8-2, DEVAKAMARADAHAGGU KALLANAKUPPE, RAMANAGARA-562 121.

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2 . HEAD MISTRESS ACHARYA GURUKULA VIDYA KENDRA 9^TH CROSS, BAGALAGUNTE

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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HESARAGATTA, BENGALURU-(N)-560 073.

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… RESPONDENTS

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(BY SRI SURESH M.LATUR, ADVOCATE FOR R1 [THROUGH VC]; SRI VENKATE GOWDA K., ADVOCATE FOR R2 [PH])

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THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.03.2019 PASSED IN MVC NO.2310/2018 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND XIX ACMM, MEMBER-MACT, BENGALURU (SCCH-23), AWARDING COMPENSATION OF Rs.40,383/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DEPOSIT OF THE AMOUNT IN THE TRIBUNAL.

¶115

IN MISC. FIRST APPEAL NO. 7200 OF 2019:

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BETWEEN:

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KARNATAKA STATE ROAD TRANSPORT CORPORATION K.H.ROAD, SHANTINAGAR BENGALURU-560 027 BY ITS MANAGING DIRECTOR REP. BY ITS CHIEF LAW OFFICER .

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… APPELLANT (BY SMT. RENUKA H.R., ADVOCATE [PH])

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AND:

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1 . KUM. MANASA D/O. VENKATESH, OCC: STUDENT, SINCE MINOR REPT. BY HIS FATHER AND NATURAL GUARDIAN SRI.VENKATESH S/O. THIMMAIAH

¶121

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019,

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MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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AGE: 33 YEARS, OCC: AGRICULTURE R/AT KALLANAKUPPE, MARALAVADI POST, KANAKAPURA TALUK, RAMANAGAR-562 121

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2 . HEAD MISTRESS ACHARYA GURUKULA VIDYA KENDRA 9^TH CROSS, BAGALAGUNTE, HESARAGATTA, BENGALURU (N)-560 073.

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… RESPONDENTS

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(BY SRI. SURESH M.LATUR, ADVOCATE FOR R1 [THROUGH VC]; SRI VENKATE GOWDA K., ADVOCATE FOR R2 [PH])

¶128

THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.03.2019 PASSED IN MVC NO.2311/2018 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSE JUDGE AND XIX ACMM, MEMBER, MACT, BENGALURU (SCCH-23), AWARDING COMPENSATION OF RS.46,574/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DEPOSIT OF THE AMOUNT IN THE TRIBUNAL.

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IN MISC. FIRST APPEAL NO. 7201 OF 2019:

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BETWEEN:

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KARNATAKA STATE ROAD TRANSPORT CORPORATION K.H.ROAD, SHANTINAGAR, BENGALURU-560 027. BY ITS MANAGING DIRECTOR REP. BY ITS CHIEF LAW OFFICER.

¶132

… APPELLANT

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(BY SMT. RENUKA H R., ADVOCATE [PH])

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¶135

MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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AND:

¶137

1 . MASTER HITESH GOWDA M. S/O MAHADEVA D.M AGE: 8 YEARS, OCC:STUDENT, SINCE MINOR REPT. BY HIS FATHER AND NATURAL GUARDIAN SRI. MAHADEVA D.M. S/O. MADAIAH, AGE 33 YEARS, OCC:AGRICULTURE R/AT NO.8-2, DEVAKAMARADAHAGGU, KALLANAKUPPE, RAMANAGAR-562 121.

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2 . HEAD MISTRESS ACHARYA GURUKULA VIDYA KENDRA, 9^TH CROSS, BAGALAGUNTE, HESARAGATTA, BANGALORE (N)-560 073

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… RESPONDENTS

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(BY SRI.SURESH M.LATUR, ADVOCATE FOR R1 [THROUGH VC]; SRI VENKATE GOWDA K., ADVOCATE FOR R2 [PH])

¶141

THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.03.2019 PASSED IN MVC NO.2312/2018 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSE JUDGE AND XIX ACMM, MEMBER, MACT, BENGALURU (SCCH-23), AWARDING COMPENSATION OF RS.1,45,069/WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DEPOSIT OF AMOUNT.

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IN MISC. FIRST APPEAL NO. 7202 OF 2019:

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BETWEEN:

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KARNATAKA STATE ROAD TRANSPORT CORPORATION K.H. ROAD, SHANTINAGAR BENGALURU-560 027 BY ITS MANAGING DIRECTOR

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¶146

MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

¶147

REPRESENTED BY ITS CHIEF LAW OFFICER

¶148

… APPELLANT

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(BY SMT. RENUKA H R., ADVOCATE [PH])

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AND:

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1 . MASTER HEMACHANDRA K.S. S/O. SRINIVASA AGE: 6 YEARS, OCC: STUDENT SINCE MINOR REPT. BY HIS FATHER AND NATURAL GUARDIAN SRINVIASA S/O. DURGE GOWDA AGED ABOUT 43 YEARS, R/O. KALLANAKUPPE, MARALAVADI POST KANAKAPURA TALUK RAMANAGAR-562 121.

¶152

2 . HEAD MISTRESS ACHARYA GURUKALA VIDYA KENDRA 9^TH CROSS, BAGALAGUNTE HESARAGATTA BANGALORE (N)-560 073

¶153

… RESPONDENTS (BY SRI.SURESH M.LATUR, ADVOCATE FOR R1 [THROUGH VC]; SRI VENKATE GOWDA K., ADVOCATE FOR R2 [PH])

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THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.03.2019 PASSED IN MVC NO.2313/2018 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSE JUDGE AND XIX ACMM, MEMBER, MACT, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶155

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¶156

MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

¶157

IN MISC. FIRST APPEAL NO. 7203 OF 2019:

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BETWEEN:

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KARNATAKA STATE ROAD TRANSPORT CORPORATION K.H.ROAD, SHANTINAGAR, BENGALURU-560 027 BY ITS MANAGING DIRECTOR REP BY ITS CHIEF LAW OFFICER.

¶160

… APPELLANT

¶161

(BY SMT. RENUKA H R., ADVOCATE [PH])

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AND:

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1 . KUM. DIVYA D/O. LATE VENKATACHALAIAH AGE: 12 YEARS, OCC: STUDENT SINCE MINOR REPT. BY HER MOTHER AND NATURAL GUARDIAN SMT. NEELA LATE VENKATACHALAIAH AGED ABOUT 34 YEARS, R/O. KALLANAKUPPE, KANAKAPURA TALUK RAMANAGAR-562 121

¶164

2 . HEAD MISTRESS ACHARYA GURUKULA VIDYA KENDRA 9^TH CROSS, BAGALAGUNTE, HESARAGATTA, BANGALORE(N)-560 073

¶165

… RESPONDENTS

¶166

(BY SRI.SURESH M.LATUR, ADVOCATE FOR R1 [THROUGH VC]; SRI VENKATE GOWDA K., ADVOCATE FOR R2)

¶167

THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.03.2019 PASSED IN MVC

¶168

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¶169

MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

¶170

NO.2314/2018 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSE JUDGE AND XIX ACMM, MEMBER, MACT, BENGALURU (SCCH-23), AWARDING COMPENSATION OF RS.3,41,874/WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DEPOSIT OF AMOUNT.

¶171

IN MISC. FIRST APPEAL NO.2805 OF 2020:

¶172

BETWEEN:

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KARNATAKA STATE ROAD TRANSPORT CORPORATION K.H.ROAD, SHANTINAGAR, BENGALURU-560 027 BY ITS MANAGING DIRECTOR REP BY ITS CHIEF LAW OFFICER.

¶174

… APPELLANT

¶175

(BY SMT. RENUKA H.R., ADVOCATE [PH])

¶176

AND:

¶177

1 . JAYALAKSHMAMMA

¶178

W/O. GANESH AGED ABOUT 35 YEARS,

¶179

2 . GANESH S/O. MAREGOWDA AGED ABOUT 41 YEARS

¶180

BOTH R/O GENDEGWODANA DODDI KALLANAKUPPE, MARALAWADI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117.

¶181

3 . HEAD MASTER

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ACHARYA GURUKULA VIDYA KENDRA 9^TH CROSS, BAGALAGUNTE

¶183

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¶184

MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

¶185

HESARAGATTA BENGALURU (N)-560 073.

¶186

… RESPONDENTS

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(BY SRI. K.P. BHUVAN, ADVOCATE FOR R1 & R2 [PH]; SRI VENKATE GOWDA K., ADVOCATE FOR R3 [PH])

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THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.10.2019 PASSED IN MVC NO.6719/2017 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-4), AWARDING COMPENSATION OF RS.5,60,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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THESE MFAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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The appeals in M.F.A.Nos.7204/2019, 7198/2019, 7199/2019, 7200/2019, 7201/2019, 7202/2019,

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7203/2019 and 2805/2020 are filed by the KSRTC questioning the award of the Tribunal on the ground that fastening of liability on the KSRTC alone was improper.

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The appeals in M.F.A.Nos.4362/2019,

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4369/2019, 4383/2019 and 4384/2019 are filed by the claimants seeking for enhancement.

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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The fact that the accident occurred on 16.11.2017 between the KSRTC bus and the school van owned by Acharya Gurukula Vidya Kendra and that the school children traveling in the said school van, suffered injuries is not in dispute.

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The Tribunal, on assessment of the evidence

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has concluded that the accident occurred only due to the negligence of the driver of the KSRTC bus and has therefore concluded that the KSRTC alone would be liable to pay the compensation.

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Smt. H.R. Renuka, learned counsel appearing

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for the KSRTC however, contended that this finding of the Tribunal is incorrect and contrary to the evidence on record. She seeks to highlight the fact that the accident occurred in the middle of the road and it was a head on collision between the KSRTC bus and the school van

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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thereby indicating that there was negligence on the part of the driver of the school van also. She also contended that the driver of the school van did not possess valid driving license and was yet allowed to drive the bus and therefore, the school was also required to pay the compensation.

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She submitted that, as per the photographs produced, it was clear that the accident had occurred due to the negligence of the driver of the school van and therefore, fastening of the liability on the KSRTC bus alone was incorrect. She also contended that the driver of the KSRTC bus had lodged a counter complaint and this has not been taken into consideration by the Tribunal. She lastly submitted that the IMV report reflected that the vehicles were extensively damaged and it once again establishes the fact that the driver of the school van was also responsible for the accident. She also submitted that the school van did not have fitness certificate and that no

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019,

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MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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evidence was produced on behalf of the owner of the

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school van.

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The IMV report which has been marked a Ex.P3

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produced before the Court records the following damages

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to both the vehicles:

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KA-42-F-339 (KSRTC Bus) :

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Front wind screen glass damaged.

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Front right side shape damaged.

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Front right side driver door with glasses damaged

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Front right side indicator damaged

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KA-05-B-7932 (School Bus) :

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Front wind screen glass completely damaged

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Front right side shape damaged

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Front right side indicator damaged

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Dash board unit damaged

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Both side head lights’ damaged

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Right side all the windows’ along with glasses damaged

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019,

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MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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Left side all window glasses damaged

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Left side door damaged

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Right side emergency door damaged

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Complete roof top damaged

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Dash board clusters damaged

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Rear wind screen glass damaged

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Top of the m/v ripped off and torn apart.

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A reading of the said report indicates that the bus was damaged on the right side and the school van was also damaged extensively on the right side. The photographs produced by the KSRTC indicates that the entire roof of the school bus has been ripped off due to the impact. Having regard to the fact that the impact of the accident between the two vehicles was to the respective right side of the vehicles, it is clear that the contention of the learned counsel for the KSRTC that it is a head on collision cannot be accepted.

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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It is to be borne in mind that the school van is a

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much lighter vehicle and having regard to the make of the vehicle, the probability of the school van running at a high speed as compared to the capability of the KSRTC bus would be very low and thus would make it clear that the accident and the resultant damage was a result of negligence on the part of the KSRTC bus driver. It may also be pertinent to state that the police, after investigation had laid a charge sheet against the driver of the KSRTC bus and this also points out to the fact that the driver of the KSRTC bus was negligent.

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A copy of the sketch prepared at the spot is also produced which indicates that the school van was on the left side of the road and the point of impact was on the left side of the road thereby indicating that the KSRTC bus driver had traversed onto the wrong side of the road to a

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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certain extent and this probably was the cause of the accident.

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Having regard to the totality of the

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circumstance, in my view, the Tribunal was absolutely justified in coming to the conclusion that the accident occurred only due to the negligence on the part of the KSRTC bus driver. As a result, I find no merit in the appeals filed by the KSRTC in M.F.A.Nos.7204/2019, 7198/2019, 7199/2019, 7200/2019, 7201/2019, 7202/2019, 7203/2019 and 2805/2020 challenging the negligence attributed to the KSRTC bus driver and they are consequently dismissed.

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As far as the claim for enhancement is concerned, in M.F.A.No.4362/2019, a sum of Rs.40,383/has been awarded. This case relates to the injuries caused to a 4 year old and the wound certificate indicates that the 4 year old suffered swelling in left molar region

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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with tenderness in left zygomatic region. The discharge

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summary indicates that the child was admitted as inpatient for a period of 8 days. The Tribunal has awarded

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a sum of Rs.20,000/- towards pain and suffering, Rs.10,000/- towards conveyance and nourishment and Rs.10,383/- towards medical expenses. In my view, having regard to the fact that the 4 year old was in the hospital for 8 days, the sum of Rs.20,000/- awarded towards pain and suffering is required to be enhanced to Rs.30,000/- and a sum of Rs.10,000/- awarded towards conveyance and nourishment is required to be enhanced to Rs.15,000/-. A sum of Rs.10,383/- awarded towards medical expenses remains undisturbed.

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M.F.A.No.4369/2019 relates to the injuries

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suffered by a 6 year old girl for which the Tribunal has awarded a sum of Rs.46,574/-. The Tribunal has noticed that the 6 year old had suffered mild head injury and as

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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per the discharge summary, she was an inpatient for 8 days. The Tribunal has awarded a sum of Rs.15,000/towards pain and suffering, Rs.10,000/towards conveyance and nourishment and Rs.21,574/- towards medical expenses. In my view, having regard to the fact that the 6 year old was an inpatient for a period of 8 days, the sum of Rs.15,000/- awarded towards pain and suffering requires to be enhanced to Rs.25,000/- and a sum of Rs.10,000/- awarded towards conveyance and nourishment requires to be enhanced to Rs.15,000/-. The sum of Rs.21,574/- awarded towards medical expenses remains undisturbed.

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M.F.A.No.4383/2019 relates to the injuries suffered by Kumari Divya, a 11 year old for which the Tribunal has awarded a sum of Rs.3,41,874/-. The Tribunal has noticed that as per the wound certificate, the 11 year old had suffered injury to the right side of face,

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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swelling over the right side of face, laceration over upper lid measuring 2 x 0.5 cms. and abrasion over right cheek. The Tribunal has noticed that Divya underwent surgery in the form of ORIF and the evidence of the Dental Surgeon, who was working at Government Dental College of Bengaluru indicates that she had to undergo surgery for fixing artificial teeth temporarily. It is also stated that she has suffered disability to the extent of 25% to the whole body. The Tribunal, on the basis of the evidence of P.W.10, who was an Associate Professor and R.M.O. at Government Dental College, Bengaluru has come to the conclusion that Divya had sustained injury to the right side of the face, lower right canine was avulsed and lower right lateral and central incisor were missing. The Tribunal has noticed that Divya would have difficulties such as, pain in the temporo mandibulor joint, sensitivity of the teeth, mobility of the posterior teeth, missing teeth in the

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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32/321, restricted mouth opening and general weakness

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and giddiness. The Tribunal has accordingly, assessed the disability at 20% to the whole body. The Tribunal has also noticed that Divya had dislocation of her teeth and her face had become distorted and she had difficulty in chewing her food and proceeded to award Rs.20,000/under the head of marriage prospects. In my view, the Tribunal, having regard to the facial disfigurement of Divya, was required to award atleast Rs.2,00,000/towards her marriage prospects. The Tribunal has also awarded Rs.25,000/towards conveyance and nourishment and Rs.15,000/- towards loss of earning of parents during laid up period. In my view, having regard to the fact that the parents of Divya would have had to spend considerable time towards her treatment, the said amounts would have to be enhanced to Rs.40,000/- and Rs.25,000/- respectively. The sum of Rs.31,874/-

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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awarded towards medical expenses and a sum of Rs.50,000/- awarded towards future medical expenses remains undisturbed.

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M.F.A.No.4384/2019 relates to the injuries

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suffered by a 7 year old boy for which the Tribunal has awarded a sum of Rs.1,45,069/-. The Tribunal has noticed that as per the wound certificate, the 7 year old had a cut lacerated would measuring 4 x 5 x 2 cms. over the face, left temporal contusion and soft tissue injury on his face and he was inpatient for a period of 16 days. He had also undergone wound debridement and primary suturing and had also suffered a nasal bone fracture and had also been subjected to surgery for repair of his facial wounds. The Tribunal has noticed that plastic surgery was conducted on the 7 year old and he was also treated by Neuro Surgeon, Optholmologist and Plastic Surgeon. It is also recorded by the Tribunal that, due to the injury sustained, the 7 year

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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old is unable to close his right eye and has multiple scars on his face. It is noticed that he also has scars on right upper eyelid and a deformity. The Tribunal has assessed the permanent disability at 10% though the Doctor had opined that he had permanent disability at 16.5%. The Tribunal has awarded a sum of Rs.1,00,000/- under the head pain and suffering. However, the Tribunal has not awarded any sum towards loss of marriage prospects. Therefore, in my view, a sum of Rs.1,00,000/- is required to be awarded towards loss of marriage prospects. The Tribunal has awarded a sum of Rs.20,069/- towards medical expenses, Rs.15,000/- towards conveyance and nourishment and Rs.10,000/- towards loss of earning of parents during laid up period and the same remains undisturbed.

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It is to be stated here that, in the cases in which the children had permanent disability, the Tribunal

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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has rightly relied upon the decision of the Apex Court in

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Master Mallikarjun vs. Divisional Manager, The National Insurance Company Limited & Anr. reported in AIR 2014 SC 736 and has awarded the compensation ranging from Rs.1,00,000/- to Rs.2,00,000/- towards pain and suffering. It has to be however noted that Master Mallikarjun’s case was decided by the Apex Court in the year 2014 and the value of money in the year 2014 compared to the value of money as of present days would have enormous difference in terms of value.

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The Constitutional Bench of the Apex Court in

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National Insurance Company Limited vs. Pranay Sethi and Others reported in (2017) 16 SCC 680 has held that, in respect of loss of consortium and for compensation under conventional heads, it had awarded a sum of Rs.40,000/- and Rs.30,000/- and it has also held that the said sums were required to be enhanced by 10%

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¶282

MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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once in every three years. Adopting the said principle, in

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my view, the sums prescribed by the Apex Court in Master Mallikarjun’s case would also have to be increased by 10% every three years.

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It is also to be stated here that in Kurvan

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Ansari and others vs. Shyam Kishore Murmu and others reported in (2022) 1 SCC 317, the Hon’ble Supreme Court, after taking note of its earlier judgments in the cases of Puttamma and others vs. K.L. Narayana Reddy and Another reported in (2013) 15 SCC 45 , R.K. Malik and Another vs. Kiran Pal and others reported in (2009) 14 SCC 1 and Kishan Gopal and Another vs. Lala and others reported in (2014) 1 SCC 244 , was of the view that the notional income would have to be increased by taking into account the inflation, devaluation of the rupee and cost of living. The principle that emerges from this judgment is that the amounts

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019,

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MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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determined should not be stagnant and would have to be

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enhanced taking into account the falling value of the rupee and also inflation.

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M.F.A.No.4383/2019, the claimant would be entitled to Rs.2,60,000/- as against Rs.2,00,000/- awarded under pain and suffering. In respect of M.F.A.No.4384/2019, the claimant would be entitled to Rs.1,30,000/- towards pain and suffering as against Rs.1,00,000/- awarded by the Tribunal.

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Consequently, the claimants would be entitled to the following sums:

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	M.F.A.NO.4362/2019
Sl.No.	Particulars	Amount in (`)
1.	Pain and suffering	30,000/-
2.	Medical Expenses	10,383/-
3.	Conveyance and nourishment	15,000/-
	Total	55,383/-

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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	M.F.A.NO.4369/2019
Sl.No.	Particulars	Amount in (`)
1.	Pain and suffering	25,000/-
2.	Medical Expenses	21,574/-
3.	Conveyance and nourishment	15,000/-
	Total	61,574/-
	M.F.A.NO.4383/2019
Sl.No.	Particulars	Amount in (`)
1.	Pain and suffering	2,60,000/-
2.	Medical Expenses	31,874/-
3.	Future Medical Expenses	50,000/-
4.	Loss of marriage prospects	2,00,000/-
5.	Conveyance and nourishment	40,000/-
6.	Loss of earnings of parents during laid up period	25,000/-
	Total	6,06,874/-
	M.F.A.NO.4384/2019
Sl.No.	Particulars	Amount in (`)
1.	Pain and suffering	1,30,000/-
2.	Medical Expenses	20,069/-
3.	Loss of marriage prospects	1,00,000/-
5.	Conveyance and nourishment	15,000/-
6.	Loss of earnings of parents during laid up period	10,000/-
	Total	2,75,069/-

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MFA No. 7204 of 2019 C/W. MFA No. 4362 of 2019, MFA No. 4369 of 2019, MFA No. 4383 of 2019, MFA No. 4384 of 2019, MFA No. 7198 of 2019 MFA No. 7199 of 2019,MFA No. 7200 of 2019 MFA No. 7201 of 2019,MFA No. 7202 of 2019 MFA No. 7203 of 2019,MFA No. 2805 of 2020

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