The Managing Director vs Hemavati Hiremath W/O. ...
2021 Latest Caselaw 230 Kant

      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

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.

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 .)

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 .)

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.

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.

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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

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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

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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.

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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