Dismissed

The Divisional Controller v. Basavaraj

Karnataka HC2 Jul 2024MFA/102452/2023

Case brief

AI extract

What is this about?

The Divisional Controller, NEKRRTC filed three miscellaneous first appeals against the Motor Accident Claims Tribunal's awards regarding a single road traffic accident involving a KSRTC bus and three motorcyclists. The court found the bus driver negligent based on the charge sheet and rejected the corporation's claims of contributory negligence. Regarding compensation quantum, the court held the a

What did the court decide?

The appeals are dismissed and the judgment and award of the Motor Accident Claims Tribunal dated 21.01.2023 is confirmed.

The Divisional Controller Vs Basavaraj — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC-D:9100 MFA No. 102359 of 2023 C/W MFA No. 102451 of 2023, MFA No. 102452 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE VENKATESH NAIK T

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MISCELLANEOUS FIRST APPEAL NO.102359 OF 2023 (MV-I)

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C/W

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MISCELLANEOUS FIRST APPEAL NO.102451 OF 2023 (MV-I) MISCELLANEOUS FIRST APPEAL NO.102452 OF 2023 (MV-I)

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IN MFA NO.102359/2023

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BETWEEN:

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THE DIVISIONAL CONTROLLER, N.E.K.R.T.C. VIJAYAPUR, TQ & DT:VIJAYAPUR REPRESENTED BY CHIEF LAW OFFICER KKRTC, CENTRAL OFFICE, KALABURAGI.

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…APPELLANT

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(BY SRI S.C. BHUTI, ADVOCATE)

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Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA

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AND:

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RAMANAGOUD S/O. SANGANAGOUD GOUDAR AGED ABOUT 40 YEARS OCC. TEACHER, R/O: DEVANAL TQ: DT: BAGALKOTE-587 204.

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…RESPONDENT

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(BY SRI D.M. MALLI, ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988 PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 21.01.2023 PASSED IN MVC NO.173/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL

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NC: 2024:KHC-D:9100 MFA No. 102359 of 2023 C/W MFA No. 102451 of 2023, MFA No. 102452 of 2023

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JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-III, BAGALKOT AND ETC.

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IN MFA NO.102451/2023

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BETWEEN:

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THE DIVISIONAL CONTROLLER, N.E.K.R.T.C. VIJAYAPUR TQ: DT: VIJAYAPUR REPRESENTED BY CHIEF LAW OFFICER KKRTC, CENTRAL OFFICE, KALABURAGI.

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…APPELLANT

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(BY SRI S.C. BHUTI, ADVOCATE)

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AND:

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SANJEEV S/O. SHANKRAPPA BABALESHWAR AGED ABOUT 21 YEARS OCC. STUDENT/SELLING NEWSPAPER AND MILK R/O: ANGANWADI TALUK: BILAGI NOW RESIDENT OF 19TH CROSS VIDYAGIRI, BAGALKOTE TQ: DT: BAGALKOTE-587 101.

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…RESPONDENT

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(BY SRI D.M. MALLI, ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988 PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 21.01.2023 PASSED IN MVC NO.172/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-III, BAGALKOT AND ETC.

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NC: 2024:KHC-D:9100 MFA No. 102359 of 2023 C/W MFA No. 102451 of 2023, MFA No. 102452 of 2023

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IN MFA NO.102452/2023

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BETWEEN:

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THE DIVISIONAL CONTROLLER, N.E.K.R.T.C. VIJAYAPUR TQ: DT: VIJAYAPUR REPRESENTED BY CHIEF LAW OFFICER KKRTC, CENTRAL OFFICE, KALABURAGI.

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…APPELLANT

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(BY SRI S.C. BHUTI, ADVOCATE)

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AND:

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BASAVARAJ S/O. RAMANGOUDA HIREMAGI AGE: 38 YEARS OCC. TEACHER R/O. CHIKKAMAGI TALUK: HUNGUND NOW RESIDENT OF SECTOR NO.46 POT NO.243 B C/O GURULINGAPPA S. TQ: DT: BAGALKOTE-587 101.

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…RESPONDENT

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(BY SRI D.M. MALLI, ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988 PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE COURT OF IST ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-III, BAGALKOT IN MVC. NO.74/2020 DATED 21.01.2023.

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

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NC: 2024:KHC-D:9100 MFA No. 102359 of 2023 C/W MFA No. 102451 of 2023, MFA No. 102452 of 2023

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J U D G M E N T

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As these appeals are arising out of the same accident, the tribunal passed the judgment and award dated 21.01.2023 in MVC No.173/2020, MVC.No.172/2020 and MVC No.74/2020 on the file of I Addl. Senior Civil Judge and Member, MACT-III, Bagalkot.

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MFA No.102359/2023, MFA No.102451/2023 and MFA No.102452/2023 are filed by the Corporation challenging negligence and liability and seeking reduction of compensation awarded by the tribunal in MVC No.173/2020, MVC No.172/2020 and MVC No.74/2020.

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For the sake of convenience, the parties are referred to, as they are referred to in the claim petitions before the tribunal.

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Brief facts of the case of the claimants and the Corporation in the appeals are as under:-

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On 13.06.2019 at about 4.45 p.m., when the claimantRamanagoud in MVC No.173/2020, was riding his motor cycle bearing registration No.KA.29/H.9948, alongwith a pillion rider-claimant in MVC No.172/2020, from Anagawadi

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NC: 2024:KHC-D:9100 MFA No. 102359 of 2023 C/W MFA No. 102451 of 2023, MFA No.

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102452 of 2023

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to Gaddanakeri cross on National Highway No.218, when they reached near Anagawadi Cross, at that time, the driver of the KSRTC bus bearing registration No.KA-28/F.2264 drove the same in high speed, rash and negligent manner and dashed to the motor cycle. Due to the said impact, the claimants Ramanagoud and pillion rider Sanjeev fell down and sustained injuries. Immediately, they were shifted to Dhanush Hospital, Bagalkot and thereafter referred to Dr. Vasanad Hospital, Bagalkot for higher treatment. Hence, the first informant lodged the complaint. This led to registration of FIR and investigation.

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In the same accident, the claimant in MVC No.74/2020(Basavaraj) who was proceeding in his motor

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cycle bearing registration No.KA.29/R.8750 from Budihal to Bagalkot on National Highway No.218, when he reached near crossing of old Anagawadi cross, at that time, the driver of the KSTRC bus bearing registration No.KA.28/F.2264 came from opposite direction and drove the same in a rash and negligent manner with high speed, overtook the front going one Tipper, at that time, another vehicle came in front of his vehicle, lost control over the bus and dashed to the

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NC: 2024:KHC-D:9100 MFA No. 102359 of 2023 C/W MFA No. 102451 of 2023, MFA No.

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102452 of 2023

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claimant's motor cycle. As a result of forced impact, the claimant fell down and sustained grievous injuries and was shifted to Dr. Vasanad Hospital, Bagalkot for higher treatment. Considering the oral and documentary evidence on record i.e., evidence of PWs.1 and 2, Exs-P1 to P16, evidence of RW-1, allowed the petition of the claimants and awarded a compensation of Rs.1,24,000/- Rs.2,96,000/- and Rs.2,47,000/- respectively to the claimants.

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Aggrieved by the judgment and award of the

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tribunal, the Corporation has preferred these appeals contending that the KSRTC bus was moving slowly and carefully from Gaddanakeri cross towards Vijayapura i.e., from South to North direction and width of the road was 33 feet and 5 feet kachha road on each sides and at that time, one tempo was moving in front of the KSRTC bus and there was supporting wall by the left side of the said road and the driver of the tempo who was moving in front of the bus suddenly applied brake without giving signal, hence, the driver of the KSRTC bus in order to avoid the accident, took his bus to right side and at that time, the rider of the motor cycle bearing registration No. KA.29/H.9948 came from

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NC: 2024:KHC-D:9100 MFA No. 102359 of 2023 C/W MFA No. 102451 of 2023, MFA No. 102452 of 2023

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Anagawadi cross towards Gaddanakeri i.e., from North to South in opposite side direction and claimant in MVC No.74/2020 rider of the motor cycle bearing registration No.KA.29/R.8750 who was proceeding from Budihal to Bagalkot came on the road in high speed and dashed to the front side of the bus and caused the accident. Therefore, there is contributory negligence and hence, the Corporation is not liable to pay the compensation.

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Learned counsel for the respondents/claimants contended that the tribunal considering the oral and documentary evidence on record has rightly awarded the compensation on all the heads. Hence, no interference is called for in that regard.

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Heard learned counsel appearing for the Corporation and learned counsel for the claimants and perused the judgment and award of the tribunal.

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In view of the contentions urged by both the parties, the following points that would arise for Court's consideration are:

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NC: 2024:KHC-D:9100 MFA No. 102359 of 2023 C/W MFA No. 102451 of 2023, MFA No. 102452 of 2023

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Whether the Corporation has made out a case that there is contributory negligence on the part of riders of the two motor cycles and that caused the accident and as such, the accident occurred, thus, Corporation is not liable?

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Whether the quantum of compensation awarded by the tribunal in all the claim petitions is just and reasonable or does it call for reduction?

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The Corporation has taken up the contention that the NWKRTC bus was moving slowly by following the traffic signals and one tempo was moving in front of KSRTC bus and the driver of the tempo had applied sudden brake and in order to avoid the accident, the driver of the KSRTC bus took it to the right direction, in that process, the riders of the motor cycles came in rash and negligent manner and dashed to the KSRTC bus.

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From the perusal of the contents of FIR, complaint, and charge sheet, it goes to show that the investigating Officer made the driver of the KSRTC bus as an accused. As per column No.17 of the charge sheet, the investigating

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NC: 2024:KHC-D:9100 MFA No. 102359 of 2023 C/W MFA No. 102451 of 2023, MFA No.

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102452 of 2023

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officer clearly observed that the accused, who drove the bus in high speed in rash and negligent manner took the bus towards right direction and as such, the accident occurred. The contents of the charge sheet are not challenged by the Corporation. Hence, there is no merit in the contention of learned counsel for the Corporation in that regard.

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So far as quantum of compensation in MFA No.102359/2023(MVC No.173/2020) , the tribunal awarded a compensation of Rs.60,000/- towards 'pain and suffering' which is reasonable one and no interference is called in that regard.

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Towards 'medical expenses', the tribunal has awarded compensation of Rs.38,670/- which is reasonable one and no interference is called for.

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The tribunal awarded a compensation of Rs.5,000/-, Rs.10,000/and Rs.10,000/towards 'transportation, nourishment, conveyance charges', 'future medical expenses' and 'loss of amenities', which are reasonable and not exorbitant. Infact, the tribunal has awarded less compensation under said heads. It is pertinent to note that

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NC: 2024:KHC-D:9100 MFA No. 102359 of 2023 C/W MFA No. 102451 of 2023, MFA No. 102452 of 2023

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the claimant has not preferred any appeal. Hence, the tribunal has awarded just and reasonable compensation and no interference is called for in so far quantum of compensation awarded by the tribunal.

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So far as quantum of compensation in MFA No.102452/2023(MVC No.74/2020) , the tribunal

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awarded a compensation of Rs.70,000/- towards 'pain and suffering' which is reasonable one and no interference is called in that regard.

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Towards 'medical expenses', the tribunal has

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awarded compensation of Rs.1,40,655/- which is reasonable one and no interference is called for.

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The tribunal awarded a compensation of Rs.6,000/Rs.20,000/and Rs.10,000/towards 'transportation, nourishment, conveyance charges', 'future medical expenses' and 'loss of amenities', which are reasonable and not exorbitant. Infact, the tribunal has awarded less compensation under said heads. It is pertinent to note that the claimant has not preferred any appeal. Hence, the tribunal has awarded just and reasonable compensation and

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NC: 2024:KHC-D:9100 MFA No. 102359 of 2023 C/W MFA No. 102451 of 2023, MFA No. 102452 of 2023

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no interference is called for in so far quantum of compensation awarded by the tribunal.

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REG: MFA No.102451/2023(MVC No.172/2020)

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Learned counsel for the Corporation contended

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that in case of injury or death of a minor, the tribunal ought to have awarded compensation in terms of the ratio laid down in the case of Master Mallikarjun v. Divisional

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Manager, The National Insurance Company Limited

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and Another reported in AIR 2014 SC 736 .

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So far as quantum of compensation in MFA No.102451/2023(MVC No.172/2020) , the tribunal considering the injuries suffered by the minor claimant in MVC No.172/2020, who was aged about 16 years, as on the date of the accident suffered injuries in the road traffic accident and as per the wound certificate Ex-P4, the minor claimant had suffered the following four fractures:-

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Stapled wound over right knee area,

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Abrasion over right arm,

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Abrasion over chin,

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Deformity of right leg middle 1/3rd and

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NC: 2024:KHC-D:9100 MFA No. 102359 of 2023 C/W MFA No. 102451 of 2023, MFA No. 102452 of 2023

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swelling.

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As per the opinion of the Doctor, injury No.4 is grievous in nature and injury Nos.1 to 3 are simple in nature. As per settled law, for one grievous injury, the claimant is entitled for Rs.40,000/- and for additional three simple injuries, the claimant is entitled for Rs.5,000/- each. In all, the claimant is entitled for a compensation of Rs.55,000/- towards 'pain and suffering'.

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The tribunal considering the medical bills awarded a compensation of Rs.1,55,908/- which is reasonable one and no interference is called for in this regard.

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In view of the ratio laid down in the case of Master Mallikarjun's case, the claimant is not entitled for compensation under the head 'loss of future income due to permanent disability', but the tribunal has awarded a compensation of Rs.51,840/- considering the nature of injuries suffered by minor claimant, mental trauma and loss of income during laid up period suffered by the parents of minor, it is just and fair to retain the award. The tribunal awarded a sum of Rs.8,000/-, Rs.10,000/-

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NC: 2024:KHC-D:9100 MFA No. 102359 of 2023 C/W MFA No. 102451 of 2023, MFA No. 102452 of 2023

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and Rs.10,000/- towards 'transportation, nourishment, conveyance and attendant charges', 'future medical expenses' and 'loss of amenities' which are reasonable and no interference is called for in said regard.

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In all, the claimant is entitled for a compensation of Rs.2,95,948/- which is not high and exorbitant. Hence, there is no merit in the contention of the learned counsel for the Corporation.

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Hence, the appeals filed by the Corporation liable to be dismissed, as being devoid of merit.

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Accordingly, I pass the following

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ORDER

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The Appeals stand dismissed.

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The judgment and award dated 21.01.2023 passed in MVC Nos.173/2020, MVC No.172/2020 and MVC No.74/2020 on the file of the I Additional Senior Civil Judge and Member, Motor Accident Claims Tribunal-III, Bagalkot stands confirmed.

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Amount in deposit be transmitted to the tribunal.

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NC: 2024:KHC-D:9100 MFA No. 102359 of 2023 C/W MFA No. 102451 of 2023, MFA No. 102452 of 2023

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All pending IAs, if any, stand disposed of.

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Sd/JUDGE

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MN List No.: 1 Sl No.: 32

The Divisional Controller v. Basavaraj

Case brief

What is this about?

What did the court decide?

The Divisional Controller v. Basavaraj

Case brief

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