The Divisional Manager vs Smt V Pratibha Devi B A
2022 Latest Caselaw 368 Kant

                                  1




       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 10TH DAY OF JANUARY, 2022

                              PRESENT
         THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
                                AND
       THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR
     MISCL. FIRST APPEAL NO.1312 OF 2017 (MV-D)
BETWEEN:

1.     THE DIVISIONAL MANAGER
       KSRTC HASSAN DEPOT
       HASSAN
2.     THE MANAGER
       KSRTC, SHANTHINAGAWR
       BENGALURU-560 027
       BOTH ARE NOW REP.
       BY CHIEF LAW OFFICER
                                              ...APPELLANTS

(BY SHRI. B. PALAKSHAIAH, ADVOCATE)

AND:

1.   SMT. PRATIBHA DEVI B.A
     W/O LATE H.N. MAHESHA
     AGE 54 YEARS

2.   H.M. SINDHU
     D/O LATE H.N. MAHESH
     AGE 33 YEARS

     BOTH ARE RESIDING AT
     NO.30/A, GROUND FLOOR
     SHIVANI LAYOUT
     KADABAGERE VILLAGE
     DASANAPURA HOBLI
     BENGALURU NORTH TQ
     BENGALURU-560 025
                                           2




3.   THE ORIENTAL INSURANCE CO. LTD.,
     1001/56, JAYALAKSHMI MANSION
     II FLOOR, DR. RAJ KUMAR ROAD
     RAJAJINAGAR (D O 12)
     BENGALURU-560 010
     BY ITS BRANCH MANAGER
                                               ...RESPONDENTS
(BY SHRI. S.B. TOTAD, ADVOCATE FOR R1;
     SHRI. LAKSHMI NARASAPPA, ADVOCATE FOR
     SHRI A.M. VENKATESH, ADVOCATE FOR R3;
     R2-SERVED)


      THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 05.10.2016 PASSED IN
MVC NO.4629/2012 ON THE FILE OF THE X ADDITIONAL JUDGE,
MACT,   COURT    OF   SMALL    CAUSES, BANGALORE, AWARDING
COMPENSATION OF Rs.34,27,994/- WITH INTEREST @ 9% P.A. FROM
THE DATE OF PETITION TILL REALIZATION.

      THIS  MFA  COMING     ON   FOR   ADMISSION   THIS   DAY,
P.S. DINESH KUMAR J, DELIVERED THE FOLLOWING:

                                JUDGMENT

This appeal is presented by the KSRTC1 challenging

the judgment and award dated October 5, 2016, in MVC

No.4629/2012 passed by the X Additional Judge, MACT,

Court of Small Causes, Bengaluru.

2. For the sake of convenience, parties shall be referred

as per their status before the Tribunal.

Karnataka State Road Transport Corporation 'Corporation' for short

3. Heard Shri B.Palakshaiah, learned advocate for the

appellant-Corporation, Shri S.B.Totad, learned advocate for

the first respondent and Shri Lakshmi Narasappa,

learned advocate for third respondent.

4. Shri Palakshaiah, in substance, submitted that

Corporation is aggrieved by the judgment and award

dated 5, 20162, whereby the Tribunal has directed the

Corporation to pay interest from the date of petition till

March 21, 2016. Claimants had initially mentioned the

bus number as 1308 in their claim petition. They filed an

application seeking amendment of bus number and the

same was allowed on March 21, 2016. The Tribunal has

held in Para 29 of the judgment that Corporation is liable

to pay the interest from the date of filing of claim petition

till March 21, 2016. He submitted that once the

amendment is carried out, it will go back to the date of

filing, unless otherwise ordered. Insurer has admitted the

liability and paid the compensation. He argued that

MVC No.4629/2012 passed by X Additional Judge, MACT, Court of Small Causes, Bengaluru

Corporation is not liable to pay the interest between the

date of filing of the claim petition and the date of

impleadment of the insurer.

5. Shri Lakshmi Narasappa argued opposing the claim

petition.

6. We have carefully considered the rival submissions

and perused the records.

7. Undisputed facts of the case are, application to

implead the insurer has been allowed on 21.03.2016. We

have perused the said order. It does not indicate that

insurer will be liable to pay interest only

from that date. After amendment, all parties have filed

their pleadings and let in their respective evidences.

No objection has raised while allowing the application with

regard to the payment of interest between the date of

filing the claim petition and the date of allowing the

application to implead the insurer. It is settled that once

the amendment is permitted unless it is made conditional,

it dates back to the filing of the claim petition. Insurer has

admitted the liability and satisfied the award. In the

circumstances, the contention urged on behalf of the

Corporation merits consideration and hence, the following;

ORDER

(i) Appeal is allowed-in-part;

(ii) Order of the Tribunal directing the payment of interest by the Corporation between the date of filing of the claim petition and 21.03.2016 is set-aside; and

(iii) Award is modified directing third respondent-insurer to pay the interest amount between the date of filing of the claim petition and 21.03.2016.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

AV