The Divisional Controller Ksrtc vs Anilkumar S/O Pradhani Biragond
2023 Latest Caselaw 3194 Kant

                                                -1-
                                                       NC: 2023:KHC-K:934
                                                       MFA No. 201303 of 2023




                                IN THE HIGH COURT OF KARNATAKA,
                                       KALABURAGI BENCH

                              DATED THIS THE 13TH DAY OF JUNE, 2023
                                            BEFORE

                               THE HON'BLE MR. JUSTICE R.NATARAJ

                           MISCL. FIRST APPEAL NO. 201303 OF 2023 (MV)

                       BETWEEN:

                          THE DIVISIONAL CONTROLLER KSRTC
                          VIJAYAPURA DIVISION, VIJAYAPURA,
                          NOW REPRESENTED BY
                          CHIEF LAW OFFICER, KKRTC,
                          CENTRAL OFFICES, SARIGE SADANA,
                          KALABURAGI-585102.
                                                                   ...APPELLANT

                       (BY SMT. BHADRASHETTY SANGEETA, ADVOCATE)

                       AND:

                          ANILKUMAR S/O PRADHANI BIRAGOND
                          AGE: 16 YEARS, OCC: STUDENT,
                          SINCE MINOR REPRESENTED BY HIS NATURAL
Digitally signed by       MOTHER, CHINNAVVA W/O PRADHANI BIRAGOND,
RAMESH MATHAPATI          R/O. DHAVALAGI, TQ. MUDDEBIHAL,
Location: HIGH COURT
OF KARNATAKA              NOW RESIDING AT GANESH NAGAR,
                          VIJAYAPURA,
                          TQ: AND DIST: VIJAYAPURA-585312.
                                                              ...RESPONDENT

                            THIS MFA IS FILED UNDER SECTION 173(1) OF THE
                       MOTOR VEHICLE ACT. 1988 MACT-IV PRAYING TO CALL FOR
                       THE RECORDS IN MVC NO. 179/2020, DATED 01.01.2022, BY
                       THE III ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT-IV
                       VIJAYAPURA, AT VIJAYPURA. ALLOW THIS APPEAL BY SETTING
                       ASIDE THE IMPUGNED COMMON JUDGMENT AND AWARD IN
                       M.V.C. NO. 179/2020, DATED 01.01.2022, BY THE III
                                  -2-
                                            NC: 2023:KHC-K:934
                                            MFA No. 201303 of 2023




ADDITIONAL DISTRICT JUDGE                   &     MEMBER,     MACT-IV,
VIJAYAPURA, AT VIJAYAPURA,

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

                             JUDGMENT

Office has raised an objection regarding

maintainability of the appeal in view of Section 173 (2) of

the Motor Vehicles Act, 1988 (for short 'M.V.Act, 1988).

2. The learned counsel for the appellant does not

dispute the fact the Tribunal had awarded a sum

Rs.10,000/- along with interest at the rate of 6% per

annum from the date of claim petition till the date of

realization.

3. In view of Section 173 (2) of the M.V.Act, 1988,

the appeal challenging the quantum of compensation is

not maintainable. Hence, this appeal is dismissed as not

maintainable.

NC: 2023:KHC-K:934 MFA No. 201303 of 2023

However, all contentions raised in this appeal are

kept open to be decided in an appropriate appeal that may

be filed by the Corporation in any appeal.

Amount in deposit is ordered to be transferred to the

Tribunal for necessary orders.

In view of disposal of main appeal, I.A.2/2023 does

not survive for consideration and same is disposed off.

Sd/-

JUDGE

SRT