The Divisional Controller Vs Shivakumar @ Bangari

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NC: 2024:KHC-D:13518 MFA No. 100728 of 2017 C/W MFA No. 100729 of 2017 MFA No. 100730 of 2017, MFA No. 100731 of 2017 MFA No. 100732 of 2017, MFA No. 100733 of 2017 MFA No. 100734 of 2017, MFA No. 100735 of 2017 MFA No. 100736 of 2017, MFA No. 100737 of 2017

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20^TH DAY OF SEPTEMBER 2024

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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MISCELLANEOUS FIRST APPEAL NO. 100728 OF 2017 C/W MISCELLANEOUS FIRST APPEAL NO. 100729 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100730 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100731 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100732 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100733 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100734 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100735 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100736 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100737 OF 2017

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IN MFA NO.100728/2017 BETWEEN:

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YASHAVANT NARAYANKAR

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Location: HIGH COURT OF KARNATAKA

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THE DIVISIONAL CONTROLLER, KSRTC HAVERI DIVISION, HAVERI, REPTD BY ITS DEPOT MANAGER, KSRTC RANEBENNUR DEPOT, DIST: HAVERI, (OWNER AND SELF INSURER OF THE KSRTC BUS NO.KA-28/F-1488) REPRESENTED BY CHIEF LAW OFFICER, NWKRTC, CENTRAL OFFICE, HUBBALLI-580020.

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(BY SRI. S. C. BHUTI, ADVOCATE)

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AND:

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RUDRAPPA S/O MANJAPPA SAVANUR AGE: 26 YEARS, OCC: DRIVING AND COOLIE WORK, R/O: KODA VILLAGE IN HIREKERUR TALUK, DIST: HAVERI.

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…APPELLANT

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…RESPONDENT

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(BY SRI. GIRISH S. HULMANI, ADVOCATE)

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THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 03.11.2016 PASSED IN MVC NO.1711/2015 ON THE FILE OF THE PRINCIPAL SENIOR

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NC: 2024:KHC-D:13518 MFA No. 100728 of 2017 C/W MFA No. 100729 of 2017 MFA No. 100730 of 2017, MFA No. 100731 of 2017 MFA No. 100732 of 2017, MFA No. 100733 of 2017 MFA No. 100734 of 2017, MFA No. 100735 of 2017 MFA No. 100736 of 2017, MFA No. 100737 of 2017

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CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR.

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IN MFA NO.100729/2017

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BETWEEN:

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THE DIVISIONAL CONTROLLER KSRTC HAVERI DIVISION, HAVERI REPTD BY ITS DEPOT MANAGER, KSRTC RANEBENNUR DEPOT, DIST: HAVERI, (OWNER AND SELF INSURER OF THE KSRTC BUS NO.KA-28/F-1488) REPRESENTED BY CHIEF LAW OFFICER, NWKRTC, CENTRAL OFFICE, HUBBALLI-580020 (BY SRI. S C BHUTI, ADVOCATE)

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…APPELLANT

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AND:

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SHIVAKUMAR @ BANGARI S/O HANUMANTHAPPA VALMIKI, AGE: 26 YEARS, OCC: CLEANER AND COOLIE WORK, R/O: KODA VILLAGE IN HIREKERUR TALUK, DIST: HAVERI.

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…RESPONDENT

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(BY SRI. GIRISH S. HULMANI, ADVOCATE)

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THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 03.11.2016 PASSED IN MVC NO.1712/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR.

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IN MFA NO.100730/2017

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BETWEEN:

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THE DIVISIONAL CONTROLLER KSRTC HAVERI DIVISION, HAVERI REPTD BY ITS DEPOT MANAGER, KSRTC RANEBENNUR DEPOT, DIST: HAVERI, (OWNER AND SELF INSURER OF

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NC: 2024:KHC-D:13518 MFA No. 100728 of 2017 C/W MFA No. 100729 of 2017 MFA No. 100730 of 2017, MFA No. 100731 of 2017 MFA No. 100732 of 2017, MFA No. 100733 of 2017 MFA No. 100734 of 2017, MFA No. 100735 of 2017 MFA No. 100736 of 2017, MFA No. 100737 of 2017

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THE KSRTC BUS NO.KA-28/F-1488) REPRESENTED BY CHIEF LAW OFFICER, NWKRTC, CENTRAL OFFICE, HUBBALLI-580020

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…APPELLANT

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(BY SRI. S C BHUTI, ADVOCATE)

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AND:

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RAVI S/O RAMAPPA GONEL @ GONERA AGE: 22 YEARS, OCC: CLEANER AND COOLIE WORK, R/O: ALADAGERI VILLAGE, IN HIREKERUR TALUK, DIST: HAVERI-581 111

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…RESPONDENT

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(BY SRI. GIRISH S. HULMANI, ADVOCATE)

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THIS MFA IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGEMENT AND AWARD DATED 03.11.2016 PASSED IN MVC 1713/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENTS CLAIM TRIBUNAL, RANEBENNUR.

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IN MFA NO.100731/2017 BETWEEN:

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THE DIVISIONAL CONTROLLER KSRTC HAVERI DIVISION, HAVERI REPTD BY ITS DEPOT MANAGER, KSRTC RANEBENNUR DEPOT, DIST: HAVERI, (OWNER AND SELF INSURER OF THE KSRTC BUS NO.KA-28/F-1488) REPRESENTED BY CHIEF LAW OFFICER, NWKRTC, CENTRAL OFFICES, HUBBALLI-580020

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…APPELLANT (BY SRI. S C BHUTI, ADVOCATE) AND:

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NAGARAJ S/O NINGAPPA BILLALI AGE: 29 YEARS, OCC: DRIVING AND COOLIE WORK, R/O: GUDDADAHOSALLI,

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NC: 2024:KHC-D:13518 MFA No. 100728 of 2017 C/W MFA No. 100729 of 2017 MFA No. 100730 of 2017, MFA No. 100731 of 2017 MFA No. 100732 of 2017, MFA No. 100733 of 2017 MFA No. 100734 of 2017, MFA No. 100735 of 2017 MFA No. 100736 of 2017, MFA No. 100737 of 2017

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NOW AT MEDLERI, TQ: RANEBENNUR-581 115

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…RESPONDENT

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(BY SRI. GIRISH S. HULMANI, ADVOCATE)

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THIS MFA IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGEMENT AND AWARD DATED 03.11.2016 PASSED IN MVC 1714/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR.

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IN MFA NO.100732/2017 BETWEEN:

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THE DIVISIONAL CONTROLLER KSRTC HAVERI DIVISION, HAVERI REPTD BY ITS DEPOT MANAGER, KSRTC RANEBENNUR DEPOT, DIST: HAVERI, (OWNER AND SELF INSURER OF THE KSRTC BUS NO.KA-28/F-1488) REPRESENTED BY CHIEF LAW OFFICER, NWKRTC, CENTRAL OFFICE, HUBBALLI-580020

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…APPELLANT

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(BY SRI. S C BHUTI, ADVOCATE)

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AND:

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SOMASHEKHAR @ SOMAPPA AGE: 29 YEARS, OCC: AGRICULTURE AND COOLIE WORK, R/O: BURADIKATTI VILLAGE IN, HIREKERUR TALUK AND HAVERI DISTRICT-581 111.

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…RESPONDENT

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(BY SRI. GIRISH S. HULMANI, ADVOCATE)

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THIS MFA IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGEMENT AND AWARD DATED 03.11.2016 PASSED IN MVC 1715/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENTS CLAIM TRIBUNAL, RANEBENNUR.

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NC: 2024:KHC-D:13518 MFA No. 100728 of 2017 C/W MFA No. 100729 of 2017 MFA No. 100730 of 2017, MFA No. 100731 of 2017 MFA No. 100732 of 2017, MFA No. 100733 of 2017 MFA No. 100734 of 2017, MFA No. 100735 of 2017 MFA No. 100736 of 2017, MFA No. 100737 of 2017

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IN MFA NO.100733/2017

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BETWEEN:

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THE DIVISIONAL CONTROLLER, KSRTC HAVERI DIVISION, HAVERI REPTD BY ITS DEPOT MANAGER, KSRTC RANEBENNUR DEPOT, DIST: HAVERI, (OWNER AND SELF INSURER OF THE KSRTC BUS NO.KA-28/F-1488) REPRESENTED BY CHIEF LAW OFFICER, NWKRTC, CENTRAL OFFICES, HUBBALLI-580 020

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…APPELLANT

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(BY SRI. S C BHUTI, ADVOCATE)

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AND:

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UJJAPPA S/O LOKAPPA SHIDDANAGOUDAR, AGE: 27 YEARS, OCC: AGRICULTURE AND COOLIE WORK, R/O: BURADIKATTI VILLAGE IN HIREKERUR TALUK AND HAVERI DISTICT-581 111.

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…RESPONDENT

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(BY SRI. GIRISH S. HULMANI, ADVOCATE)

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THIS MFA IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGEMENT AND AWARD DATED 03.11.2016 PASSED IN MVC 1716/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR.

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IN MFA NO.100734/2017

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BETWEEN:

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THE DIVISIONAL CONTROLLER KSRTC HAVERI DIVISION, HAVERI REPTD BY ITS DEPOT MANAGER, KSRTC RANEBENNUR DEPOT, DIST: HAVERI, (OWNER AND SELF INSURER OF THE KSRTC BUS NO.KA-28/F-1488) REPRESENTED BY CHIEF LAW OFFICER,

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NC: 2024:KHC-D:13518 MFA No. 100728 of 2017 C/W MFA No. 100729 of 2017 MFA No. 100730 of 2017, MFA No. 100731 of 2017 MFA No. 100732 of 2017, MFA No. 100733 of 2017 MFA No. 100734 of 2017, MFA No. 100735 of 2017 MFA No. 100736 of 2017, MFA No. 100737 of 2017

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NWKRTC, CENTRAL OFFICES, HUBBALLI-580 020. (BY SRI. S. C BHUTI, ADVOCATE)

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…APPELLANT

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AND:

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GUDDAPPA S/O BHARAMAPPA BATTUR @ BATTURI, AGE: 24 YEARS, OCC: AGRICULTURE AND COOLIE WORK, R/O: BOGAVI VILLAGE IN HIREKERUR TQ AND HAVERI DISTRICT-581 111.

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…RESPONDENT

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(BY SRI. GIRISH S. HULMANI, ADVOCATE)

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THIS MFA IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGEMENT AND AWARD DATED 03.11.2016 PASSED IN MVC 1717/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENTS CLAIM TRIBUNAL, RANEBENNUR.

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IN MFA NO.100735/2017 BETWEEN:

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THE DIVISIONAL CONTROLLER KSRTC HAVERI DIVISION, HAVERI REPTD BY ITS DEPOT MANAGER, KSRTC RANEBENNUR DEPOT, DIST: HAVERI, (OWNER AND SELF INSURER OF THE KSRTC BUS NO.KA-28/F-1488) REPRESENTED BY CHIEF LAW OFFICER, NWKRTC, CENTRAL OFFICES, HUBBALLI-580020 …APPELLANT (BY SRI. S C BHUTI, ADVOCATE)

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AND:

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PAVAN @ PRAVEEN S/O PARAMESHAPPA KURUVATTER, AGE: 14 YEARS, OCC: STUDENT, SINCE MINOR REPTD. BY HIS NATURAL FATHER AND M/G PARAMESHAPPA S/O NAGENDRAPPA, AGE: 47 YEARS, OCC: AGRI AND COOLIE WORK,

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NC: 2024:KHC-D:13518 MFA No. 100728 of 2017 C/W MFA No. 100729 of 2017 MFA No. 100730 of 2017, MFA No. 100731 of 2017 MFA No. 100732 of 2017, MFA No. 100733 of 2017 MFA No. 100734 of 2017, MFA No. 100735 of 2017 MFA No. 100736 of 2017, MFA No. 100737 of 2017

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R/O: ABALUR VILLAGE IN HIREKERUR TALUK-581111

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…RESPONDENT

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(BY SRI. GIRISH S. HULMANI, ADVOCATE)

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THIS MFA IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGEMENT AND AWARD DATED 03.11.2016 PASSED IN MVC 1718/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR.

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IN MFA NO.100736/2017 BETWEEN:

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THE DIVISIONAL CONTROLLER NWKSRTC, HOSUR CROSS GOKUL ROAD, HUBBALLI, REPTD BY DEPOT MANAGER, HIREKERUR DEPOT, HIREKERUR (OWNER AND SELF INSURER OF THE KSRTC BUS NO.KA-28/F-1488) REPRESENTED BY CHIEF LAW OFFICER, NWKRTC, CENTRAL OFFICE, HUBBALLI-580 020.

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…APPELLANT

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(BY SRI. S C BHUTI, ADVOCATE)

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AND:

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MANJAPPA S/O MAYAPPA KURUBAR AGE: 28 YEARS, OCC: AGRICULTURE WORK, R/O: GUDADANVERI VILLAGE, TQ: HIREKERUR, NOW AT MARUTHI NAGAR, RANEBENNUR, DIST: HAVERI-581 111.

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…RESPONDENT

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(BY SRI. ANJANEYA M., ADVOCATE)

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THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 02.11.2016 PASSED IN MVC NO.1941/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR.

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NC: 2024:KHC-D:13518 MFA No. 100728 of 2017 C/W MFA No. 100729 of 2017 MFA No. 100730 of 2017, MFA No. 100731 of 2017 MFA No. 100732 of 2017, MFA No. 100733 of 2017 MFA No. 100734 of 2017, MFA No. 100735 of 2017 MFA No. 100736 of 2017, MFA No. 100737 of 2017

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IN MFA NO.100737/2017 BETWEEN:

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THE DIVISIONAL CONTROLLER, NWKSRTC HOSUR CROSS, GOKUL ROAD, HUBBALLI, REPTD BY DEPOT MANAGER HIREKERUR DEPOT, HIREKERUR (OWNER AND SELF INSURER OF THE KSRTC BUS BEARING NO.KA-28/F 1488) REPRESENTED BY CHIEF LAW OFFICER NWKRTC, CENTRAL OFFICES, HUBBALLI-580 020.

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…APPELLANT

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(BY SRI. S C BHUTI, ADVOCATE)

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AND:

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RAMAPPA S/O SANNASIDDAPPA HOSMANI, AGE: 42 YEARS, OCC: AGRICULTURE AND BUSINESS WORK, R/O: MRUTHYUNJAYA NAGAR RANEBENNUR, DIST: HAVERI-581 111

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…RESPONDENT

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(BY SRI. ANJANEYA M., ADVOCATE)

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THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 02.11.2016 PASSED IN MVC NO.1942/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR.

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THESE APPEALS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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All these appeals are filed by the Corporation

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challenging the quantum of compensation awarded by the Tribunal in the judgments passed in MVC Nos.1711/2015,

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NC: 2024:KHC-D:13518 MFA No. 100728 of 2017 C/W MFA No. 100729 of 2017 MFA No. 100730 of 2017, MFA No. 100731 of 2017 MFA No. 100732 of 2017, MFA No. 100733 of 2017 MFA No. 100734 of 2017, MFA No. 100735 of 2017 MFA No. 100736 of 2017, MFA No. 100737 of 2017

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1712/2015, 1713/2015, 1714/2015, 1715/2015, 1716/2015, 1717/2015, 1718/2015, 1941/2015 and 1942/2015. Apart from the quantum, the Corporation has also challenged its liability stating that there is a contributory negligence on the part of the other vehicle.

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The brief facts of the averments of the claimants cases are as under:

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Rudrappa-claimant in MVC No.1711/2015 was driving the Tempo bearing No.KA-27/4848 on 21.10.2014 along with the passengers i.e., claimants in MVC Nos.1712/2015 to 1718/2015 and MVC Nos.1941/2015 and 1942/2015 from Halageri to Hirekerur near Hediyal-Hosalli pool at about 07.00 p.m., a KSRTC bus bearing No.KA-28-F/1488 came from Hirekerur towards Halageri with high speed in a rash and negligent manner and collided to the bullock cart and then collided to the Tempo causing serious accident. Due to this accident, the driver-Rudrappa and the inmates

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of the said Tempo sustained injuries. They were shifted to Government Hospital, Ranebennur and were given first aid

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NC: 2024:KHC-D:13518 MFA No. 100728 of 2017 C/W MFA No. 100729 of 2017 MFA No. 100730 of 2017, MFA No. 100731 of 2017 MFA No. 100732 of 2017, MFA No. 100733 of 2017 MFA No. 100734 of 2017, MFA No. 100735 of 2017 MFA No. 100736 of 2017, MFA No. 100737 of 2017

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and thereafter, they were shifted to other private Hospitals. The claimants have taken treatment at various Hospitals for varying durations. The injured in all 10 cases made a claim petition claiming compensation. The Tribunal after recording evidence and appreciating evidence on record has awarded compensation. The said award of compensation and liability has been challenged by the Corporation in these appeals.

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The learned counsel for appellant-Corporation would contend that there is a contributory negligence on the part of the driver of the Tempo and the Tribunal has erred in fixing entire liability on the Corporation. He contends that there are discrepancies in the wound certificate issued by PHC Ranebennur and the injuries noted in certificate issued by Apoorva Hospital and other Hospitals. The claimants have not produced X-rays which were taken at the initial stage. The non-treated Doctor without the medical documents has issued disability certificate exaggerating the disability and that is also after

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NC: 2024:KHC-D:13518 MFA No. 100728 of 2017 C/W MFA No. 100729 of 2017 MFA No. 100730 of 2017, MFA No. 100731 of 2017 MFA No. 100732 of 2017, MFA No. 100733 of 2017 MFA No. 100734 of 2017, MFA No. 100735 of 2017 MFA No. 100736 of 2017, MFA No. 100737 of 2017

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lapse of two years from the date of accident. The PHC Ranebennur while issuing the wound certificate itself has noted that injuries noted in feedback from Apoorva Hospital does not match with the injuries noted in PHC Ranebennur. He contends that the claimants have not produced discharge summary. The Doctor who has issued wound certificate in his private clinic in the letter head of the Karnataka Health Service Department. The Doctor who has been examined is a stock witness and his evidence cannot be relied on. On these grounds, he prayed to allow the appeals and reduce the quantum of compensation awarded by the Tribunal.

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The learned counsel for claimants in 8 appeals would contend that in the accident along with the driver there are 23 persons sustained injuries. The said act itself indicates that the accident has taken place due to the rash

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and negligent driving of the driver of the bus. He further submits that as there are 23 injured persons, who immediately went to PHC Ranebennur, there might be

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NC: 2024:KHC-D:13518 MFA No. 100728 of 2017 C/W MFA No. 100729 of 2017 MFA No. 100730 of 2017, MFA No. 100731 of 2017 MFA No. 100732 of 2017, MFA No. 100733 of 2017 MFA No. 100734 of 2017, MFA No. 100735 of 2017 MFA No. 100736 of 2017, MFA No. 100737 of 2017

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some discrepancy in noting the injuries. He contends that as the injured were first seen in PHC Ranebennur where their superficial injuries were noted which might vary the injuries noted in Apoorva Hospital as those injuries were found after taking X-rays. He further contends that even though the Doctor who has issued disability certificate has stated percentage of disability but the Tribunal has taken 1/3^rd or less than 1/3^rd of the disability. He contends that

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the income taken by the Tribunal is on lower side. The Tribunal considering the evidence and appreciating it properly, has rightly awarded the compensation. With this, he prayed to dismiss the appeals.

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Learned counsel for claimants in other two appeals would contend that in wound certificate-Ex.P7, there is no discrepancy, the injuries noted in Navodaya Hospital, Davangere. There are no suggestions to the claimants who have been examined before the Tribunal in their cross examination regarding discrepancy. The Tribunal has rightly considered the disability. Even though

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NC: 2024:KHC-D:13518 MFA No. 100728 of 2017 C/W MFA No. 100729 of 2017 MFA No. 100730 of 2017, MFA No. 100731 of 2017 MFA No. 100732 of 2017, MFA No. 100733 of 2017 MFA No. 100734 of 2017, MFA No. 100735 of 2017 MFA No. 100736 of 2017, MFA No. 100737 of 2017

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the Doctor who issued disability certificate has stated disability at higher percentage. With this, he prayed to dismiss the appeals.

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Having heard learned counsels, the Court has

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perused the impugned judgment, award and the Trial Court records.

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MVC No.1711/2015 to 1718/2015 have been disposed off by recording common evidence and common judgment dated 03.11.2016, MVC No.1941/2015 and 1942/2015 have been disposed off by recording common evidence and common judgment dated 02.11.2016.

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The chargesheet has been filed against the

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driver of the bus, considering the said aspect, the Tribunal has rightly fixed the entire liability on the Corporation.

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The claimants who have sustained injuries have

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not produced their initial X-rays taken in the Hospital at Davangere. The claimants have produced X-rays that were taken by the Doctor who has issued disability certificate.

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NC: 2024:KHC-D:13518 MFA No. 100728 of 2017 C/W MFA No. 100729 of 2017 MFA No. 100730 of 2017, MFA No. 100731 of 2017 MFA No. 100732 of 2017, MFA No. 100733 of 2017 MFA No. 100734 of 2017, MFA No. 100735 of 2017 MFA No. 100736 of 2017, MFA No. 100737 of 2017

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The said X-rays indicate that the claimants have sustained fracture and it is found in the X-rays taken. There are some discrepancies in the wound certificate issued by PHC Ranebennur and issued by Apoorva Hospital. The Apoorva Hospital has taken X-rays and thereafter, noted the injuries of the claimants. The PHC Ranebennur has noted the superficial injuries when the injured went to the Hospital that might have caused some discrepancy in the injuries noted in the PHC Ranebennur and injury noted in the records of Apoorva Hospital.

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The Doctor who has been examined as PW-9 has stated that appellant in MVC No.1711/2015 has sustained 25% of disability and the Tribunal has taken the disability at 8.3%. PW-9 has stated that claimant in MVC No.1712/2015 has sustained disability at 40% and the Tribunal has taken disability at 10%. PW-9 has stated the disability of claimant in MVC No.1713/2015 at 40% and the Tribunal has taken the disability at 10%. The Doctor has stated disability of the claimant in MVC No.1714/2015

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NC: 2024:KHC-D:13518 MFA No. 100728 of 2017 C/W MFA No. 100729 of 2017 MFA No. 100730 of 2017, MFA No. 100731 of 2017 MFA No. 100732 of 2017, MFA No. 100733 of 2017 MFA No. 100734 of 2017, MFA No. 100735 of 2017 MFA No. 100736 of 2017, MFA No. 100737 of 2017

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at 45% and Tribunal has taken the disability at 10%. The Doctor has stated the disability of claimant in MVC No.1715/2015 at 35% and the Tribunal has taken disability at 9%. The Doctor has stated the disability of claimant in MVC No.1716/2015 at 40% and the Tribunal has taken the disability at 10%. The Doctor has stated disability of the claimant in MVC No.1717/2015 at 40% and the Tribunal has taken disability at 10%. The Doctor has stated disability of the claimant in MVC No.1718/2015 at 20% and the Tribunal has taken disability at 5%. The Doctor has stated disability of the claimant in MVC No.1941/2015 at 40.06% and the Tribunal has taken disability at 13%. The Doctor has stated the disability of the claimant in MVC No.1942/2015 at 30.04% and the Tribunal has taken disability at 10%. Even though the Doctor has stated disability at higher percent but the Tribunal has rightly taken the disability at 1/3^rd or less than 1/3^rd of the disability as stated by the Doctor. The said disability certificates have been issued by the Doctor’s after examining the injured and taking X-rays which are

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NC: 2024:KHC-D:13518 MFA No. 100728 of 2017 C/W MFA No. 100729 of 2017 MFA No. 100730 of 2017, MFA No. 100731 of 2017 MFA No. 100732 of 2017, MFA No. 100733 of 2017 MFA No. 100734 of 2017, MFA No. 100735 of 2017 MFA No. 100736 of 2017, MFA No. 100737 of 2017

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produced before the Tribunal. Even though the said disability certificates are issued after lapse of two years, the X-rays taken by the Doctor at that time indicates united fracture found in the X-rays of the claimants. Merely because initial X-rays are not produced, it cannot be said that there were no fractures which are seen in the X-rays taken even after two years of the accident.

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The learned counsel for the appellant would contend that the certificates issued by Apoorva Hospital appears to be suspicious and created documents and not tallied with each other. To substantiate the said contention, there is no cross examination of the claimants in that regard. The appellant-Corporation to prove their contention has not secured any documents from the concerned Hospital where the claimants have taken treatment. The Tribunal has rightly taken the income of the injured and rightly calculated the loss of future income applying appropriate multiplier. The compensation awarded on other heads are not challenged by the

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NC: 2024:KHC-D:13518 MFA No. 100728 of 2017 C/W MFA No. 100729 of 2017 MFA No. 100730 of 2017, MFA No. 100731 of 2017 MFA No. 100732 of 2017, MFA No. 100733 of 2017 MFA No. 100734 of 2017, MFA No. 100735 of 2017 MFA No. 100736 of 2017, MFA No. 100737 of 2017

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Corporation. Considering all these aspects, the

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compensation awarded by the Tribunal is just and proper. There are no grounds to allow the appeal and reduce the compensation awarded by the Tribunal. The learned counsel for appellant contended that the Tribunal has awarded interest at 7%/7.5% p.a. and it is on higher side. Considering the decisions of this Court and Hon’ble Apex Court, interest on the compensation is to be awarded at 6% p.a. Therefore, the interest awarded by the Tribunal at 7%/7.5% is requires to be reduced to 6%.

¶166

In view of the above, the following:

¶167

ORDER

¶168

i. All appeals are allowed-in-part.

¶169

ii. The interest awarded by the Tribunal at 7%/7.5% p.a. is reduced to 6% p.a.

¶170

iii. Amount in deposit is ordered to be transmitted to the Tribunal.

¶171

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

¶172

RKM CT:CNB, List No.: 1 Sl No.: 47

The Divisional Controller v. Shivakumar @ Bangari

Case brief

What is this about?

What did the court decide?

The Divisional Controller v. Shivakumar @ Bangari

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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