Dismissed

The Divisional Controller v. Puneeth Kumari. B. R.

Karnataka HC15 Nov 2022MFA/940/2018

Case brief

AI extract

What is this about?

Appellate Court dismissed the Motor Vehicles Appellate Tribunal's appeal filed by Karnataka State Road Transport Corporation against a judgment awarding global compensation to a minor injured in a motor accident, upholding the quantum. Compensation amount transmitted to the Tribunal.

What did the court decide?

Appeal dismissed; compensation awarded to respondent; amount in deposit transmitted to Tribunal.

The Divisional Controller Vs Puneeth Kumari. B. R. — Motor Accident Claims | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON’BLE MR.JUSTICE HANCHATE SANJEEVKUMAR

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M.F.A.No.940/2018 (MV - D)

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BETWEEN:

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THE DIVISIONAL CONTROLLER, K.S.R.T.C. HASSAN DIVISION, HASSAN, HASSAN DISTRICT – 573 201.

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(OWNER OF K.S.R.T.C BUS BEARING NO.KA-09-F-3325). REPRESENTED BY ITS CHIEF LAW OFFICER.

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… APPELLANT

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(BY SRI.F.S.DABALI, ADVOCATE) AND:

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PUNEETH KUMARI. B. R., D/O LATE RAMESHA, AGED ABOUT 23 YEARS, R/O. BIDARAKKA KOPPALU VILLAGE AND POST, HALLIMYSURU HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT – 573 211.

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… RESPONDENT

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THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED

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31.08.2017 PASSED IN MVC NO.1057/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, HOLENARASIPUR, AWARDING COMPENSATION OF RS.23,153/-WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.

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

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JUDGMENT

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Though this appeal is posted for dismissal/orders

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regarding taking steps in respect of the respondent but considering the fact that the other connected MFA No.939/2018 was disposed of, this matter is also taken up for disposal.

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This appeal is filed by the KSRTC under

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Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act' for short), challenging the validity of the judgment and award passed in MVC No.1057/2015 dated 31.08.2017 by the Court of Senior Civil Judge & MACT, Holenarasipur.

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In the motor vehicles accident that occurred on 05.11.2014 at about 5.20 p.m., near

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Haragowdanahalli bus stop between the vehicles i.e.,

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TVS Star city bike bearing No.KA-13-ED-6875 and KSRTC bus bearing No.KA-09-F-3325, the claimant has sustained injuries.

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The Tribunal has granted a global compensation of Rs.23,153/- with interest at the rate of 9% p.a. from the date of the petition, till the date of the deposit. It is proved and discussed by the Tribunal that the claimant has spent a total sum of Rs.8,153/- towards medical expenses. Even though it is stated that the claimant has sustained simple injuries, she has spent some amount towards medical expenses and also for other incidental expenses. Therefore, the total global compensation awarded by the Tribunal as above stated is found to be just, proper and correct and also in connected MFA No.939/2018, this Court, by disposing of the said appeal on 09.07.2021 had confirmed the rash and negligent aspect as contended by the learned counsel for the appellant.

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Therefore, both on the rash and negligent

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aspect and also on the quantum of compensation, the appeal is liable to be dismissed.

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Accordingly, it is dismissed.

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The amount in deposit is ordered to be transmitted to the Tribunal, forthwith.

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Sd/JUDGE

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The Divisional Controller v. Puneeth Kumari. B. R.

Case brief

What is this about?

What did the court decide?

The Divisional Controller v. Puneeth Kumari. B. R.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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