C K Manju v. the Divisional Controller
Case brief
What is this about?
NWKRTC/KSRTC bus vs motorcycle rider and pillion (KA-08-EV-8565); sole negligence of bus driver established through charge sheet Ex.P6 (Ss.279/338 IPC, overtaking and sudden braking), spot mahazar Ex.P3 and MVAR Ex.P4; S.173(1) MV Act appeals by Corporation dismissed; Order 41 Rule 22 cross-objections allowed in part; KSLSA notional income for 2024 of Rs.17,000 p.m. substituted for minimum wages of Rs.13,268; whole-body disability taken as one-third of limb disability (16% and 15%); multipliers 13 (age 49) and 11 (age 53); loss of future income Rs.4,24,320 and Rs.3,36,600; laid-up loss Rs.34,000; enhanced compensation Rs.1,28,864 and Rs.1,09,652 with 6% interest from date of petition; 9% interest if deposit not made within eight weeks; MVC No.789/2024 and MVC No.790/2024, MACT Srirangapatna; motor vehicle accident claims enhancement.
What did the court decide?
MFA No.9724/2025 and MFA No.9777/2025 filed by the Corporation (NWKRTC) dismissed; MFA.Crob.No.32/2026 and MFA.Crob.No.33/2026 allowed in part. Enhanced compensation of Rs.1,28,864/- (claimant in MFA.Crob.32/2026) and Rs.1,09,652/- (claimant in MFA.Crob.33/2026) with interest @ 6% p.a. from the date of petition till realization; Corporation to deposit the enhanced amounts with interest within eight weeks, failing which interest @ 9% p.a. from that day till payment; claimants entitled to release of entire enhanced compensation; amount in deposit ordered to be transferred to the Tribunal.