Karnataka State Road Transport ... vs Ameerjan .P on 21 January, 2021

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Karnataka High Court

Karnataka State Road Transport ... vs Ameerjan .P on 21 January, 2021

Bench: N.S.Sanjay Gowda

                             1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 21ST DAY OF JANUARY 2021

                        BEFORE

       THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

 M.F.A. No.1879/2015 C/W M.F.A. No.1880/2015

                       (MV - I)

In M.F.A. No.1879/2015

BETWEEN:

KARNATAKA STATE ROAD
TRANSPORT CORPORATION,
BANGALORE CENTRAL DIVISION
K.H. ROAD
BANGALORE 560027
REPRESENTED BY ITS
MANAGING DIRECTOR
BY ITS CHIEF LAW OFFICER.
                                      ... APPELLANT

(BY SMT. H.R. RENUKA, ADVOCATE)

AND:

1.     AMEERJAN .P
       S/O FAZA SAB
       AGED ABOUT 61 YEARS
       R/O M.C.HALLI,
       TARIKERE TALUK
       TARIKERE - 577228

2.     K. RAGHAVENDRA
       S/O B.S.RAVICHANDRACHAR
       R/O 8TH MAIN ROAD,
                              2



       2ND CROSS, SHANTHINAGAR,
       SHIVAMOGGA - 577201
       (KSRTC BUS DRIVER)
                                   ... RESPONDENTS

(R1 IS SERVED & UNREPRESENTED;
V/O/DTD. 30.07.2019 NOTICE TO R2 IS DISPENSED WITH)

      THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV
ACT     AGAINST     THE    JUDGMENT    AND     AWARD
DATED:13.08.2014 PASSED IN MVC No.69/2012 ON THE FILE
OF THE SENIOR CIVIL JUDGE & JMFC, ADDITIONAL MACT-11,
BHADRAVATHI, AWARDING COMPENSATION OF RS.58,000/-
WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION
TILL PAYMENT.

In M.F.A. No.1880/2015

BETWEEN:

KARNATAKA STATE ROAD
TRANSPORT CORPORATION,
BANGALORE CENTRAL DIVISION
K.H. ROAD,
BANGALORE 560027
REPRESENTED BY ITS
MANAGING DIRECTOR
BY ITS CHIEF LAW OFFICER.
                                       ... APPELLANT

(BY SMT. H.R. RENUKA, ADVOCATE)

AND:

1.     R. PRAKASH
       S/O LATE RUDRAPPA
       AGED ABOUT 44 YEARS
       R/O M.C.HALLI,
       TARIKERE TALUK
       TARIKERE - 577228
                           3



2.   K. RAGHAVENDRA
     S/O B.S.RAVICHANDRACHAR
     AGED ABOUT 37 YEARS
     R/O 8TH MAIN ROAD,
     2ND CROSS, SHANTHINAGAR,
     SHIVAMOGGA - 577201
     (KSRTC BUS DRIVER)

3.   VIJAYA S/O B.N. MUNISWAMY
     R/O DOOR NO. 113,
     AREKATTE VILLAGE
     SAGONE POST
     SHIVAMOGGA DISTRICT - 577201.

4.   THE NEW INDIA ASSURANCE CO. LTD.,
     PREMA COMPLEX
     NEAR BRIDE, B.H. ROAD,
     BHADRAVATHI 577301.
     BY ITS MANAGER.
                                  ... RESPONDENTS

(BY SRI DATTATREYA V. DESAI, ADVOCATE FOR R4;
R2 & 3 ARE SERVED & UNREPRESENTED)

     THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV
ACT     AGAINST     THE   JUDGMENT     AND    AWARD
DATED:13.08.2014 PASSED IN MVC No.98/2011 ON THE FILE
OF THE SENIOR CIVIL JUDGE & JMFC, ADDITIONAL MACT-11,
BHADRAVATHI,       AWARDING     COMPENSATION       OF
RS.1,00,000/- WITH INTEREST @ 6% P.A. FROM THE DATE
OF PETITION TILL PAYMENT.

     THESE APPEALS COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                                  4



                            JUDGMENT

1. These appeals are by the KSRTC challenging the finding of the Tribunal regarding the negligence.

2. Learned counsel for the appellant submitted that in respect of the same accident, this Court had already dismissed the appeal filed by the KSRTC in MFA No.71199/2013 on 16.03.2020. He submitted that in view of the dismissal of MFA No.71199/2013, these appeals would also have to be dismissed.

3. Accepting the said submission in view of the decision of this Court in MFA No.71199/2013, these two appeals are also dismissed.

4. The amount in deposit shall be transmitted to the MACT.

Sd/-

JUDGE KA

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