The Divisional Manager vs Smt Usha B O W/O Naveen B
2022 Latest Caselaw 1280 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 28 T H DAY OF JANUARY, 2022

                         BEFORE

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

              M.F.A. No.101658/2019 (MV)

BET WEEN

1.    THE DIV IS IONAL MANAGER,
      B US No. KA-40/F- 1012,
      K.S.R.T.C. CHIKKAB ALLAPU R DIVIS ION,
      CHIKKAB ALLAPU R,
      DIST: CHIKKABALLAPU R-562101.

2.    THE DEPOT MANAGER,
      N.W.K.R.T.C.
      RANEB ENNU R DEPOT ,
      MAGOD ROAD,
      RANEB ENNU R-581115.

     B OTH T HE APPELL ANTS ARE
     REPRES ENTED B Y ITS CHIEF LAW OFFICER
                                         ...APPELLANTS
(BY SRI.S.C.BHUTI, ADVOCATE)

AND

1.    SMT.USHA B.O. W/O NAVEEN B ,
      AGE: 30 YEARS, OCC: HOU SE WORK,
      R/O: No. 70/101 N EW No.11, 7 T H CROSS,
      MARUTHI NAGARA, NAGARABHAVI ROAD,
      B ENGALU RU-560072,
      NOW R/O: CHALAGERI, TQ: RANEBENNU R,
      DIST: HAVER I-58111 5.
      MOB ILE NO: 7848809569

2.    NAVEEN B S/O LATE G. B ASAVARAJ,
      AGE: 38 YEARS,
      OWNER OF CAR OF NO.KA- 02/MK-1849,
      R/O: NO.70/ 101, NEW No.11, 7 T H CROSS,
                               2




     MARUTHI NAGARA, NAGARABHAVI ROAD,
     B ENGALU RU-560072.

3.   THE MANAGER,
     RAYAL SUNDARAM ALIANCE
     INSURANCE CO.,LTD.,
     SUB RAMANIYAM BU ILDING,
     2 N D FLOOR, NO.1, CLUB HOU SE ROAD,
     ANNA SALAI, CHENNAI, TAMIL NADU -600 002
     POLICY NO. VPB 0005 562000100,
     VALID FROM: 13/01/ 2016 TO 12/01/ 2017
                                          ...RESPONDENTS

      THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 27.09.2 018 PASS ED IN
MVC No.1135/ 20 17 ON THE FILE OF T HE III ADDIT IONAL
SENIOR CIV IL JU DGE AND ADDIT IONAL MOT OR ACCIDENT
CLAIMS       TRIB U NAL,  RANEBENNU R        AWARDING
COMPENSATION O F ` 15,000/- IS FIX ED AT T HE RATIO OF
50: 50.

    THIS APPEAL COMING ON FOR ORD ERS THIS DAY THE
COURT MADE THE FOLLOWING:

                            ORDER

This appeal filed ag ainst the judgment and award

dated 27.09.2018 mad e in MVC No.1135/2017 is not

maintainab le in view of Section 173 (2) of the Motor

Vehicles Act, 1988 having regard to the fact that the

liability of the ap pellant is fixed only at `7,500/-,

Accordingly th e appeal dismissed as not

maintainable. However, it is made clear that dismissal

of this appeal on the ground of maintainability will not

come in the way of other appeals filed by the appellant

arising out of the very same accident, being decided on

its merits.

The amount in deposit is directed to be

transferred to the tribunal for the purpose of

disbursement.

Sd/-

JUDGE

AC