Smt. Girija vs Managing Director, Ksrtc
2023 Latest Caselaw 9862 Kant

Karnataka High Court

Smt. Girija vs Managing Director, Ksrtc on 8 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                           NC: 2023:KHC:44611
                                                        MFA No. 179 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 8TH DAY OF DECEMBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                        MISCELLANEOUS FIRST APPEAL NO. 179 OF 2020 (MV)
                   BETWEEN:

                   1.    SMT. GIRIJA
                         W/O LATE RAMESHA
                         AGED ABOUT 41 YEARS

                   2.    CHANDAN R R
                         S/O LATE RAMESHA
                         AGED ABOUT 16 YEARS

                   3.    KARTHIKA R R
                         D/O LATE RAMESHA
                         AGED ABOUT 14 YEARS
                         APPELLANT Nos.2 & 3 ARE MINORS
                         REPT BY THEIR NATURAL GUARDIAN
                         MOTHER THE 1ST APPELLANT HEREIN

                   4.    SMT GOWRAMMA
Digitally signed
by                       W/O LATE BETTEGOWDA
DHANALAKSHMI             AGED ABOUT 66 YEARS
MURTHY
Location: High           ALL ARE R/O NO.10
Court of                 RAJAGERE VILLAGE
Karnataka
                         GOWNISOMANAHALLI POST
                         HAELBEEDU HOBLI, BELUR TALUK
                         HASSAN DISTRICT-573201.
                                                                ...APPELLANTS
                   (BY SRI.SHRIPAD SHASTRI., ADVOCATE FOR
                   SRI. SATHISHA T., ADVOCATE)
                   AND:

                   MANAGING DIRECTOR, KSRTC
                   (HASSAN DIVISION)
                            -2-
                                          NC: 2023:KHC:44611
                                     MFA No. 179 of 2020




SHANTHI NAGAR
DOUBLE ROAD, BENGALURU-560027
                                              ...RESPONDENT

(BY SMT. RADHA B P.,ADVOCATE)



     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 05.04.2019
PASSED IN MVC NO.5583/2018       ON THE FILE OF THE XIII
ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER
OF MACT, BENGALURU (SCCH-15), DISMISSING THE CLAIM
PETITION FOR COMPENSATION.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

1. The learned counsel for the appellants has filed a

memo dated 8.12.2023 seeking leave of this Court to

withdraw the appeal with liberty to file a fresh

application under Section 166 of the Motor Vehicles

Act, 1988 (for short 'the Act') before the Tribunal.

2. The memo is placed on record.

3. Accordingly, the appeal is dismissed as

withdrawn with liberty to the appellants to file fresh

NC: 2023:KHC:44611

application under Section 166 of the Act before the

Tribunal.

4. However, it is made clear that if the claimants

succeeds, they shall not be entitled for interest for the

delayed period i.e., from the date of filing the claim

petition under Section 163-A of the Act before the

Tribunal, till the date of filing the claim petition under

Section 166 of the Act.

5. All pending applications, if any, shall stand

disposed of.

Sd/-

JUDGE

DM