Appeal against rejection of a claim petition seeking compensation for a car damaged in a KSRTC bus accident. The High Court allowed an application under Order 41 Rule 27 CPC for additional evidence, set aside the Tribunal's judgment and remanded the matter to enable the claimant to summon the insurer and financer to prove the loss.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:10584 MFA No. 3300 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO. 3300 OF 2016 (MV-DM)
BETWEEN:
HARISHA S/O LATE SHANKAREGOWDA, AGED ABOUT 34 YEARS, GANJALAGODU VILLAGE, K.R.PETE POST, CHIKKAMAGALURU TALUK AND DISTRICT. PRESENT ADDRESS: C/O N.A.SUNILKUMAR, NAGENAHALLI, BELUR TALUK, HASSAN DISTRICT.
…APPELLANT
(BY SRI.SHRIPAD.V.SHASTRI., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
THE MANAGING DIRECTOR, K.S.R.T.C, CENTRE POST, K.H.ROAD, SHANTHINAGAR, BENGALURU-27. REPRESENTED BY DIVISIONAL CONTROLLER, HASSAN DIVISION, HASSAN.
…RESPONDENT
(BY SRI. F.S.DABALI., ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED: 02.03.2016 PASSED IN MVC NO.1996/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, BELUR.
NC: 2024:KHC:10584 MFA No. 3300 of 2016
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri.Shripad V.Shastri., learned counsel for the appellant has appeared through video conferencing.
Sri.F.S.Dabali., learned counsel for the respondent has appeared in person.
4. The brief facts are these:
The claimant Mr.Harisha S/o.Shankar Gowda filed a claim petition on the file of MACT, Belur in MVC No.1996/2014 claiming compensation for the damage caused to his car bearing Registration No.KA-18-N-9923. It is contended that the accident occurred on the 05th day of March 2013 due to rash and negligent driving of the driver of KSRTC Bus. It is also contended that he lost his parents in the accident and a claim
petition was preferred by him in MVC No.963/2013 and the same was allowed and an appeal in MFA No.1026/2015 was also allowed on 15.03.2023 and KSRTC was directed to pay the compensation. It is also said that the KSRTC has satisfied the award.
It is contended that since all the documents pertaining to the damaged car are in possession of Bharati Axa Insurance Company and Mahindra Finance, the claimant is unable to furnish the documents. Hence, the claimant is seeking a remand of the matter to enable him to summon the Insurance Company as well as the Financer to lead evidence and also to produce the documents. Counsel therefore, submits that the application may be allowed and the matter may be remanded.
Counsel for the respondent - Corporation strongly objects to allow the application. He submits that the Tribunal extenso referred to the material on record and rightly rejected the claim petition. He also submits that documents are not furnished along with application. Hence, the application may be rejected.
Heard, the contentions urged on behalf of the respective parties and perused the application, appeal papers and also the records with utmost care.
matter requires a remand?
NC: 2024:KHC:10584 MFA No. 3300 of 2016
dispute that the Car bearing Registration No.KA-18-N-9923 belonged to the claimant, met with an accident and it was damaged. It is also not in dispute that he lost his parents in the accident and accordingly, claim petition was filed and also an appeal was filed and the KSRTC has satisfied the award.
Suffice it to note that in the present appeal, an application is filed under Order 41 Rule 27 R/w Section 151 of CPC. The Claimant Harisha has sworn to a declaration fact. Perused the same with utmost care.
Being satisfied with the cause shown in the affidavit, this Court deems it appropriate to allow the application and to remand the matter to the Tribunal.
NC: 2024:KHC:10584 MFA No. 3300 of 2016
that the Claimant and the respondent Corporation are permitted to lead further evidence if any.
Since the parties are represented by their respective counsel, they are directed to appear before the Tribunal on 22.04.2024 without awaiting further notice from the Tribunal.
It is made clear that after remand, if the claimant succeeds in the claim petition and the Tribunal awards compensation for damaged Car, the claimant is not entitled for the interest from the date of petition till passing of the fresh award.
Sd/JUDGE
TKN List No.: 1 Sl No.: 22
1 issue framed by the court
Whether the appeal should be remanded to the Tribunal to allow additional evidence on the loss caused to the damaged car?
2 provisions across 2 enactments
Harisha S/o Late Shankaregowda
The Managing Director, K.S.R.T.C
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
