IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 06 T H DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR.JUSTICE N.S. SANJAY GOWDA
M.F.A.NO.102439/2015 (MV)
C/W.
M.F.A.NO.102296/2015 (MV)
M.F.A.NO.102297/2015 (MV)
M.F.A.NO.102298/2015 (MV)
M.F.A.NO.102299/2015 (MV)
M.F.A.NO.102300/2015 (MV)
M.F.A.NO.102301/2015 (MV)
M.F.A.NO.102302/2015 (MV)
M.F.A.NO.102303/2015 (MV)
M.F.A.NO.102304/2015 (MV)
M.F.A.NO.102305/2015 (MV)
M.F.A.NO.102306/2015 (MV)
M.F.A.NO.102307/2015 (MV)
M.F.A.NO.102308/2015 (MV)
M.F.A.NO.102309/2015 (MV)
M.F.A.NO.102440/2015 (MV)
M.F.A.NO.102441/2015 (MV)
M.F.A.NO.102442/2015 (MV)
M.F.A.NO.102443/2015 (MV)
M.F.A.NO.102444/2015 (MV)
M.F.A.NO.102445/2015 (MV)
IN M.F.A.NO.102439/2015 (MV)
BETWEEN :
THE MANAGING DI RECTOR,
NWKRTC, GOKUL ROAD, HOS UR,
-2-
HUBBALLI,
R/BY THE A UTHORIZED SIGNATORY,
CHIEF LAW OFICER.
.....A PPELLANT
(BY SRI S C BHUTI , ADV .)
AND :
B.G. RAJASHEKHA R GOUDA
S/O. VEERANA GOUDA, A GE: 37 YEARS,
OCC AGRI CULT URE & BUSINESS,
R/O. BUDAN UR VI LLAGE,
TQ: HUVINAHADA GALI,
DIST: BALLARI
NOW AT: SRIRAM NAGAR,
5 T H MAIN, RAN EBENNUR
DIST: HAVERI.
..... RES POND ENT
(BY SHRI PRUTHVI K.S ., ADV .)
THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE
MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO
ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT
RECORDS WITH RESPECT TO AW ARD AND JUD GMENT
PASSED IN MVC.NO.795/ 2013 ON THE FILE OF ADDL.
SENIOR CIVIL J UDGE & ADD L. MACT, RANEBENNUR,
EXAMINE THE SA ME AND SET ASI DE THE ORDER DATED
05.02.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.102296/2015 (MV)
BETWEEN :
THE DIVISIONAL CONTROLLER,
KSRTC, GADAG DI VISION,
GADAG DISTRICT ,
R/BY THE A UTHORIZED SIGNATORY,
CHIEF LAW OFICER.
.....A PPELLANT
(BY SRI S C BHUTI , ADV .)
-3-
AND :
NAGAPPA
S/O NINGA PPA HA NUMAREDDY,
AGE : 25 YEARS, OCC: AGRICULT URE,
R/O REDIYELLA PUR VILLA GE,
TQ: RANEBENNUR,
DISTRICT: HAVERI .
..... RES PONDENT
(BY SHRI PRUTHVI K.S ., ADV .)
THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE
MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO
ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT
RECORDS WITH RESPECT TO AW ARD AND JUD GMENT
PASSED IN MVC.N O.160/ 2014 ON T HE FILE OF PRL. S ENIOR
CIVIL JUDGE & PRL. MACT, RANEBENNUR. EXAMINE THE
SAME AND SET A SIDE THE ORDER DATED 13.04.2015 IN
THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.102297/2015 (MV)
BETWEEN :
THE DIVISIONAL CONTROLLER,
KSRTC, GADAG DI VISION,
GADAG DISTRICT ,
R/BY THE A UTHORIZED SIGNATORY,
CHIEF LAW OFICER.
.....A PPELLANT
(BY SRI S C BHUTI , ADV .)
AND :
VEERAMMA
W/O GUDDAPPA BARKI,
AGE : 36YEARS , OCC: COOLIE WORK ,
R/O SASALWAD VI LLAGE, TQ: SHIRA HATTI,
NOW AT MARUTHI NAGAR, RANEBEN NUR,
DIST: HAVERI.
..... RES PONDENT
(BY SHRI PRUTHVI K.S ., ADV .)
-4-
THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE
MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO
ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT
RECORDS WITH RESPECT TO AW ARD AND JUD GMENT
PASSED IN MVC.N O.161/ 2014 ON T HE FILE OF PRL. S ENIOR
CIVIL JUDGE & PRL. MACT, RANEBENNUR. EXAMINE THE
SAME AND SET A SIDE THE ORDER DATED 13.04.2015 IN
THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.102298/2015 (MV)
BETWEEN :
THE DIVISIONAL CONTROLLER,
KSRTC, GADAG DI VISION,
GADAG DIST ,
R/BY THE A UTHORIZED SIGNATORY,
CHIEF LAW OFICER.
.....A PPELLANT
(BY SRI S C BHUTI , ADV .)
AND :
VEERESH
S/O SHIVA PPA DOMBAL,
AGE : 21 YEARS,
OCC: BUSINESS ,
R/O KANAKAWADA VILLA GE,
TQ: SHIRAHATTI ,
NOW AT. HA LAGERI VILLA GE,
TQ: RANEBENNUR,
DIST: HAVERI.
..... RES PONDENT
(NOTICE T O RESPONDENT NO.1-SERVED)
THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT RECORDS WITH RESPECT TO AW ARD AND JUD GMENT PASSED IN MVC.N O.162/ 2014 ON T HE FILE OF PRL. S ENIOR CIVIL JUDGE & PRL. MACT, RANEBENNUR. EXAMINE THE -5- SAME AND SET A SIDE THE ORDER DATED 13.04.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.102299/2015 (MV) BETWEEN :
THE DIVISIONAL CONTROLLER, KSRTC, GADAG DI VISION, GADAG DIST ., R/BY THE A UTHORIZED SIGNATORY, CHIEF LAW OFICER.
.....A PPELLANT (BY SRI S C BHUTI , ADV .) AND :
GUDDANAGOUDA S/O BHIMANAGOUDA GUSA LAKOPPA , AGE : 25 YEARS, OCC: MECHANIC WORK, R/O BELLATTI VI LLAGE, TQ: SHIRAHATTI , NOW AT MARUTHI NAGAR, RANEBENNUR, DIST: HAVERI.
..... RES PONDENT (BY SHRI PRUTHVI K.S ., ADV .) THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT RECORDS WITH RESPECT TO AW ARD AND JUD GMENT PASSED IN MVC.N O.163/ 2014 ON T HE FILE OF PRL. S ENIOR CIVIL JUDGE & PRL. MACT, RANEBENNUR. EXAMINE THE SAME AND SET A SIDE THE ORDER DATED 13.04.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
-6-IN M.F.A.NO.102300/2015 (MV) BETWEEN :
THE DIVISIONAL CONTROLLER, KSRTC, GADAG DI VISION, GADAG DIST ., R/BY THE A UTHORIZED SIGNATORY , CHIEF LAW OFICER.
.....A PPELLANT (BY SRI S C BHUTI , ADV .) AND :
HEMANNA @ HEMAPPA S/O SHIDDA PPA @ SHIDDAYYA HATT I, AGE : 46 YEARS, OCC: BUSINES , R/O HEBBAL VILLA GE, TQ: SHIRAHAT TI, NOW AT MARUTHI NAGAR, RANEBENNUR, DIS T: HAVERI .
..... RES PONDENT (BY SHRI PRUTHVI K.S ., ADV .) THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT RECORDS WITH RESPECT TO AW ARD AND JUD GMENT PASSED IN MVC.N O.164/ 2014 ON T HE FILE OF PRL. S ENIOR CIVIL JUDGE & PRL. MACT, RANEBENNUR. EXAMINE THE SAME AND SET A SIDE THE ORDER DATED 13.04.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.102301/2015 (MV) BETWEEN :
THE DIVISIONAL CONTROLLER, KSRTC, GADAG DI VISION, GADAG DIST ., R/BY THE A UTHORIZED SIGNATORY , CHIEF LAW OFICER.
.....A PPELLANT (BY SRI S C BHUTI , ADV .) -7- AND :
PREMAVVA @ PREMA W/O MALLESHAPPA DOMBAL, AGE : 49 YEARS, OCC: COOLI E W ORK, R/O KANAKAWADA VILLA GE, TQ: SHIRAHATTI , NOW AT HALAGERI VILLA GE, TQ: RANEBENNUR, DIST: HAVERI.
..... RES PONDENT (BY SHRI PRUTHVI K.S ., ADV .) THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT RECORDS WITH RESPECT TO AW ARD AND JUD GMENT PASSED IN MVC.N O.165/ 2014 ON T HE FILE OF PRL. S ENIOR CIVIL JUDGE & PRL. MACT, RANEBENNUR. EXAMINE THE SAME AND SET A SIDE THE ORDER DATED 13.04.2015 IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A.NO.102302/2015 (MV) BETWEEN :
THE DIVISIONAL CONTROLLER, KSRTC, GADAG DI VISION, GADAG DIST ., R/BY THE A UTHORIZED SIGNATORY, CHIEF LAW OFICER.
.....A PPELLANT (BY SRI S C BHUTI , ADV .) AND :
SOMAPPA S/O MARTHANDAPPA HONNATTI, AGE : 31 YEARS, OCC: AGRICULT URE, R/O CHALAGERI VI LLAGE, TQ: RANEBENNUR, DIST: HAVERI.
..... RES PONDENT (BY SHRI PRUTHVI K.S ., ADV .) -8- THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT RECORDS WITH RESPECT TO AW ARD AND JUD GMENT PASSED IN MVC.N O.166/ 2014 ON T HE FILE OF PRL. S ENIOR CIVIL JUDGE & PRL. MACT, RANEBENNUR. EXAMINE THE SAME AND SET A SIDE THE ORDER DATED 13.04.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.102303/2015 (MV) BETWEEN :
THE DIVISIONAL CONTROLLER, KSRTC, GADAG DI VISION, GADAG DIST ., R/BY THE A UTHORIZED SIGNATORY, CHIEF LAW OFICER.
.....A PPELLANT (BY SRI S C BHUTI , ADV .) AND :
MALLAMMA W/O MUPPANNA BALLUR, AGE : 41 YEARS, OCC: COOLI E W ORK, R/O RADDIYELLAPUR VILLAGE, TQ: RANEBENNUR, DIST: HAVERI .
..... RES PONDENT (BY SHRI PRUTHVI K.S ., ADV .) THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT RECORDS WITH RESPECT TO AW ARD AND JUD GMENT PASSED IN MVC.N O.167/ 2014 ON T HE FILE OF PRL. S ENIOR CIVIL JUDGE & PRL. MACT, RANEBENNUR. EXAMINE THE SAME AND SET A SIDE THE ORDER DATED 13.04.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
-9-IN M.F.A.NO.102304/2015 (MV) BETWEEN :
THE DIVISIONAL CONTROLLER, KSRTC, GADAG DI VISION, GADAG DIST ., R/BY THE A UTHORIZED SIGNATORY, CHIEF LAW OFICER.
.....A PPELLANT (BY SRI S C BHUTI , ADV .) AND :
SHIVANAND S/O BASA PPA MAGADUR @ MUKADUR, AGE : 33 YEARS, OCC: AGRICULT URE & BUSINESS , R/O NEGALUR VILLAGE, TQ: HAVERI , NOW AT KAMADOD VILLAGE, TQ: RANEBENNUR, DIST: HAVERI .
..... RES PONDENT (BY SHRI PRUTHVI K.S ., ADV .) THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT RECORDS WITH RESPECT TO AW ARD AND JUD GMENT PASSED IN MVC.N O.168/ 2014 ON T HE FILE OF PRL. S ENIOR CIVIL JUDGE & PRL. MACT, RANEBENNUR. EXAMINE THE SAME AND SET A SIDE THE ORDER DATED 13.04.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.102305/2015 (MV) BETWEEN :
THE DIVISIONAL CONTROLLER, KSRTC, GADAG DI VISION, GADAG DIST ., R/BY THE A UTHORIZED SIGNATORY , CHIEF LAW OFFICER. .....APPELLANT (BY SRI S C BHUTI , ADV .)
- 10 -
AND :
SOUNDARYA D/O MUPPANNA BA LLUR, AGE : 19 YEARS, OCC: COOLIE, R/O RADDIYELLAPUR VILLAGE, TQ: RANEBENNUR, DIST: HAVERI.
..... RES PONDENT (BY SHRI PRUTHVI K.S ., ADV .) THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT RECORDS WITH RESPECT TO AW ARD AND JUD GMENT PASSED IN MVC.N O.169/ 2014 ON T HE FILE OF PRL. S ENIOR CIVIL JUDGE & PRL. MACT, RANEBENNUR. EXAMINE THE SAME AND SET A SIDE THE ORDER DATED 13.04.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.102306/2015 (MV) BETWEEN :
THE DIVISIONAL CONTROLLER, KSRTC, GADAG DI VISION, GADAG DIST ., R/BY THE A UTHORIZED SIGNATORY, CHIEF LAW OFICER.
.....A PPELLANT (BY SRI S C BHUTI , ADV .) AND :
DEVAKKA, W/ O HA LAPPA @ HALAYYA AMBIGER, AGE : 46 YEARS, OCC: COOLI E, R/O HELOITA GI VI LLAGE, TQ: SHIRA HATTI, NOW AT MARUTHI NAGAR, RANEBEN NUR, DIST: HAVERI.
..... RES PONDENT (BY SHRI PRUTHVI K.S ., ADV .)
- 11 -
THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT RECORDS WITH RESPECT TO AW ARD AND JUD GMENT PASSED IN MVC.N O.170/ 2014 ON T HE FILE OF PRL. S ENIOR CIVIL JUDGE & PRL. MACT, RANEBENNUR. EXAMINE THE SAME AND SET A SIDE THE ORDER DATED 13.04.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.102307/2015 (MV) BETWEEN :
THE DIVISIONAL CONTROLLER, KSRTC, GADAG DI VISION, GADAG DIST ., R/BY THE A UTHORIZED SIGNATORY, CHIEF LAW OFICER.
.....A PPELLANT (BY SRI S C BHUTI , ADV .) AND :
PRAVEEN S/O SHEKAPPA GULALAKAI, AGE : 24 YEARS, OCC: BUSINESS , R/O MARUTHI NAGAR, RAN EBENNUR, DIST: HAVERI.
..... RES PONDENT (RESPOND ENT NO.1-INSUFFICINET A DDRESS) THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT RECORDS WITH RESPECT TO AW ARD AND JUD GMENT PASSED IN MVC.N O.171/ 2014 ON T HE FILE OF PRL. S ENIOR CIVIL JUDGE & PRL. MACT, RANEBENNUR. EXAMINE THE SAME AND SET A SIDE THE ORDER DATED 13.04.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
- 12 -
IN M.F.A.NO.102308/2015 (MV) BETWEEN :
THE DIVISIONAL CONTROLLER, KSRTC, GADAG DI VISION, GADAG DIST ., R/BY THE A UTHORIZED SIGNATORY, CHIEF LAW OFICER.
.....A PPELLANT (BY SRI S C BHUTI , ADV .) AND :
MALATESH S/O CHIKKAPPA BASAPUR, AGE : 27 YEARS, OCC: AGRICULT URE & BUSINESS , R/O THIMMAPUR VILLA GE, NOW AT RAN EBEN NUR, DIST: HAVERI.
..... RES PONDENT (BY SHRI PRUTHVI K.S ., ADV .) THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT RECORDS WITH RESPECT TO AW ARD AND JUD GMENT PASSED IN MVC.N O.172/ 2014 ON T HE FILE OF PRL. S ENIOR CIVIL JUDGE & PRL. MACT, RANEBENNUR. EXAMINE THE SAME AND SET A SIDE THE ORDER DATED 13.04.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.102309/2015 (MV) BETWEEN :
THE DIVISIONAL CONTROLLER, KSRTC, GADAG DI VISION, GADAG DIST .,
- 13 -
R/BY THE A UTHORIZED SIGNATORY, CHIEF LAW OFICER.
.....A PPELLANT (BY SRI S C BHUTI , ADV .) AND :
PARAMESHWARAPPA S/O GAN GAPPA @ GANGAYYA BADABHEEMAPPAN AVAR, AGE : 24 YEARS, OCC: AGRICULT URE & BUSINESS , R/O HOLEITA GI VI LLAGE, TQ: SHIRAHATTI , NOW AT MARUTHI NAGAR, RANEBENNUR, DI ST: HAVERI .
..... RES PONDENT (BY SHRI PRUTHVI K.S ., ADV .) THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT RECORDS WITH RESPECT TO AW ARD AND JUD GMENT PASSED IN MVC.N O.173/ 2014 ON T HE FILE OF PRL. S ENIOR CIVIL JUDGE & PRL. MACT, RANEBENNUR. EXAMINE THE SAME AND SET A SIDE THE ORDER DATED 13.04.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.102440/2015 (MV) BETWEEN :
THE MANAGING DI RECTOR NWKRTC, GOKUL ROAD, HOS UR, HUBBALLI, R/BY T HE A UTHORIZED S IGNATORY, CHIEF LAW OFICER.
.....A PPELLANT (BY SRI S C BHUTI , ADV .) AND :
PUSHPAVATI HOSUR W/O PARUSHRAM ,
- 14 -
AGE : 47 YEARS, OCC: AGRICULT URE & TAILORING, R/O BANNIKOPPA VILLAGE, TQ: SHIRAHATTI , DIST: GADAG. NOW AT: 5 T H CROS S, MRUTHYANJAYA NAGAR, RANEBENNUR, DIST: HAVERI.
..... RES POND ENT (BY SHRI PRUTHVI K.S ., ADV .) THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT RECORDS WITH RESPECT TO AW ARD AND JUD GMENT PASSED IN MVC.NO.796/ 2013 ON THE FILE OF ADDL. SENIOR CIVIL J UDGE & ADD L. MACT, RANEBENNUR, EXAMINE THE SA ME AND SET ASI DE THE ORDER DATED 05.02.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.102441/2015 (MV) BETWEEN :
THE MANAGING DI RECTOR NWKRTC, GOKUL ROAD, HOS UR, HUBBALLI, R/BY T HE A UTHORIZED S IGNATORY, CHIEF LAW OFICER.
.....A PPELLANT (BY SRI S C BHUTI , ADV .) AND :
PARASHARAM S/O SHEKAPPA AGE : 52 YEARS, OCC: AGRICULT URE & BUSINESS , R/O BANNIKOPPA VILLAGE, TQ: SHIRAHATTI , DIST: GADAG, NOW AT 5 T H CROS S, MRUTHYANJAYA NAGAR, RANEBENNUR, DIS T: HAVERI . .... RES PON DENT (BY SHRI PRUTHV I K.S ., ADV .)
- 15 -
THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT RECORDS WITH RESPECT TO AW ARD AND JUD GMENT PASSED IN MVC.NO.797/ 2013 ON THE FILE OF ADDL. SENIOR CIVIL J UDGE & ADD L. MACT, RANEBENNUR, EXAMINE THE SA ME AND SET ASI DE THE ORDER DATED 05.02.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.102442/2015 (MV) BETWEEN :
THE MANAGING DI RECTOR NWKRTC, GOKUL ROAD, HOS UR, HUBBALLI, R/BY THE A UTHORIZED SIGNATORY, CHIEF LAW OFICER.
.....A PPELLANT (BY SRI S C BHUTI , ADV .) AND :
HEMAVATI HIREMA TH W/O VIJAYAKUMAR, AGE : 42EARS , OCC: AGRI CULT URE & TAILORING, R/O HEBBA L VI LLAGE, TQ: SHIRAHATTI , DIST: GADAG, NOW AT HONNAHA THI, RAN EBENNUR, DIST: HAVERI.
..... RES POND ENT (BY SHRI PRUTHVI K.S ., ADV .) THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT RECORDS WITH RESPECT TO AW ARD AND JUD GMENT PASSED IN MVC.NO.798/ 2013 ON THE FILE OF ADDL. SENIOR CIVIL J UDGE & ADD L. MACT, RANEBENNUR, EXAMINE THE SA ME AND SET ASI DE THE ORDER DATED 05.02.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
- 16 -
IN M.F.A.NO.102443/2015 (MV) BETWEEN :
THE MANAGING DI RECTOR NWKRTC, GOKUL ROAD, HOS UR, HUBBALLI, R/BY T HE A UTHORIZED S IGNATORY, CHIEF LAW OFICER.
.....A PPELLANT (BY SRI S C BHUTI , ADV .) AND :
GEETHA HIREMAT H D/O VIJAYAKUMAR, AGE : 22 YEARS, OCC: COOLI E & TA ILORING, R/O HEBBAL VILLA GE, TQ: SHIRAHATTI , DIST: GADAG, NOW AT HONNAHA TTI, RANEBENNUR, DIS T: HAVERI .
..... RES POND ENT (BY SHRI PRUTHVI K.S ., ADV .) THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT RECORDS WITH RESPECT TO AW ARD AND JUD GMENT PASSED IN MVC.NO.799/ 2013 ON THE FILE OF ADDL. SENIOR CIVIL J UDGE & ADD L. MACT, RANEBENNUR, EXAMINE THE SA ME AND SET ASI DE THE ORDER DATED 05.02.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.102444/2015 (MV) BETWEEN :
THE MANAGING DI RECTOR NWKRTC, GOKUL ROAD, HOS UR, HUBBALLI, R/BY T HE A UTHORIZED S IGNATORY, CHIEF LAW OFICER. ..... A PPELLANT (BY SRI S C BHUT I, ADV .)
- 17 -
AND :
JYOTHI HIREMATH, D/O VIJAYAKUMAR, AGE : 21 YEARS, OCC: COOLI E &TAILORING, R/ O HEBBAL VILLA GE, TQ: SHIRAHATTI , DIST: GADAG, NOW AT HONNAHA THI, RAN EBENNUR, DIST: HAVERI.
..... RES POND ENT (BY SHRI PRUTHVI K.S ., ADV .) THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT RECORDS WITH RESPECT TO AW ARD AND JUD GMENT PASSED IN MVC.NO.800/ 2013 ON THE FILE OF ADDL. SENIOR CIVIL J UDGE & ADD L. MACT, RANEBENNUR, EXAMINE THE SA ME AND SET ASI DE THE ORDER DATED 05.02.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.102445/2015 (MV) BETWEEN :
THE MANAGING DI RECTOR NWKRTC, GOKUL ROAD, HOS UR, HUBBALLI, R/BY THE A UTHORIZED SIGNATORY, CHIEF LAW OFICER.
.....A PPELLANT (BY SRI S C BHUTI , ADV .) AND :
YASHODA CHORI W/O MALATESH, AGE : 25 YEARS, OCC: AGRICULT URE &TAILORING, R/ O BELLATTI VI LLAGE, TQ: SHIRAHATTI , DIST: GADAG, NOW AT MARUTHI NAGAR, RANEBENNUR, DIS T: HAVERI .
..... RES POND ENT (BY SHRI PRUTHVI K.S ., ADV .)
- 18 -
THIS APPEAL IS FILED UNDER SECTI ON 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRA YING THIS COURT TO ALLOW THIS A PPEAL BY SUMMONING THE LOW ER COURT RECORDS WITH RESPECT TO AW ARD AND JUD GMENT PASSED IN MVC.NO.801/ 2013 ON THE FILE OF ADDL. SENIOR CIVIL J UDGE & ADD L. MACT, RANEBENNUR, EXAMINE THE SA ME AND SET ASI DE THE ORDER DATED 05.02.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
THESE A PPEA LS COMING ON FOR ADMISSION, THI S DAY, THE COURT DELIVERED THE F OLLOWING:
: JUDGMENT :
These batches of appeals pertain to an accident which occurred on 29.03.2013 when the KSRTC bus bearing registration No.KA.26/F-823 carrying several passengers toppled, resulting in injuries to its inmates.
2. The inmates in the bus, preferred claim petitions seeking for various sums of compensation and claiming that, they had suffered grievous injuries.
3. The fact that an accident occurred and the fact that several passengers were injured was not in dispute.
- 19 -
4. The Tribunal on consideration of the evidence adduced before it, recorded a finding that an accident did occur on 29.03.2013, when the KSRTC bus toppled and this accident had resulted in grievous injuries to the inmates of the Bus.
5. The Tribunal thereafter assessed compensation for each of the claimants on the basis of the evidence adduced and proceeded to award different sums of compensation.
6. The KSRTC being aggrieved has preferred these set of appeals. The principal ground of attack in these appeals to the awards is that, the Doctor-Sri S.N.Hiremath who was examined on behalf of the claimants as PW.15 and stated about their disability cannot be considered as a credible witness. It is the case of the KSRTC that the said Doctor who had not even treated the claimants had mechanically assessed the disability and the same cannot be therefore accepted.
- 20 -
7. Learned counsel also submitted that after the award was passed, KSRTC had conducted an investigation on its own and during the course of investigation, it had come to light that even the wound certificates produced by the claimants were fabricated and therefore reliance placed on them cannot be accepted.
8. It is not in dispute that altogether 22 claim petitions were filed and the KSRTC was very much aware of the fact that several passengers were injured when the bus had toppled. The KSRTC did not choose to discredit the evidence of PW.15 during trial and the Tribunal on a critical analysis of the evidence of the Doctor, has in some cases discarded his evidence, view as being adequate and in some cases has accepted the evidence of PW.15 for the purpose of assessing the disability of the injured passengers.
9. In my view, nothing prevented the KSRTC from calling upon the claimants to subject themselves
- 21 -
to a medical examination by a panel of Doctors either on its own or at the discretion of the Court. The KSRTC cannot after the disposal of the petitions contend that the medical evidence adduced by the claimants will have to be discarded completely.
10. It is to be noticed here that, this was an admitted case of a KSRTC bus toppling over and is a bus carrying a full set of passengers were to topple, it is but inevitable that quite a few passengers would suffer grievous injuries. Viewed from perspective, the arguments of the learned counsel for the appellants does not deserve acceptance and the same is rejected.
11. As far as the contention that the wound certificates produced by the claimants were fabricated/forged is concerned, it was open for the KSRTC to summon the Doctor who had issued wound certificate and subject him to cross examination to elicit the true nature of the injuries suffered and the
- 22 -
wound certificates issued by the concerned Doctor.
KSRTC having not chosen to exercise its option cannot be permitted to challenge the wound certificate in an appeal on the basis of an investigation said to have been conducted by one of its employees after the award was passed. This argument of the learned counsel also therefore does not deserve acceptance.
12. Learned counsel for the petitioner lastly contended that the Tribunal has committed an error in awarding interest at the rate of 7% per annum. In my view, this argument does not merit acceptance, since it is the discretion of the Tribunal to award interest and so long as the Tribunal has not awarded an exorbitant rate of interest, sum would not normally be interfered with. In my view, the interest awarded by the Tribunal is not excessive warranting interference and therefore this argument is also rejected.
- 23 -
13. I therefore find no reason to entertain these appeals and the same are accordingly dismissed.
14. The amount, if any, in deposit, shall stand transmitted to the concerned Tribunal for disbursement in terms of the award of the Tribunal.
SD/-
JUDGE EM