Karnataka High Court
The Managing Director vs Smt Kusuma on 10 November, 2023
Bench: B M Prasad, E.S.Indiresh
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NC: 2023:KHC:40433-DB
RP No. 556 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
AND
THE HON'BLE MR JUSTICE E.S.INDIRESH
REVIEW PETITION NO. 556 OF 2022
BETWEEN:
THE MANAGING DIRECTOR
KARNATAKA STATE ROAD TRANSPORT,
CORPORATION (KSRTC)
CENTRAL OFFICE,
KH ROAD, SHANTHINAGAR,
BENGALURU 560 027
REP BY ITS CHIEF LAW OFFICER.
...PETITIONER
(BY SRI. F S DABALI.,ADVOCATE)
AND:
Digitally 1. SMT KUSUMA
signed by
NARASIMHA W/O LATE R MANJUNATHA
MURTHY
VANAMALA AGED ABOUT 35 YEARS
Location:
HIGH
COURT OF 2. MASTER SUSHANTH M
KARNATAKA
S/O LATE R AMANJUNATHA,
AGED ABOUT 14 YEARS
3. KUM. RACHANA M
D/O LATE R AMANJUNATHA,
AGED ABOUT 12 YEARS
R/AT SIDDHARTHA NAGAR
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NC: 2023:KHC:40433-DB
RP No. 556 of 2022
SINCE RESPONDENT NO. 2 & 3
ARE MINOR, REP BY THEIR
MOTHER & NATURAL GUARDIAN
RESPONDENT NO.1 KUSUMA
4. SMT. MUNIKADIRAMMA @ MUNIYAMMA
W/O LATE RAMAKRISHNAPPA @
DRIVER RAMAKRISHNAPPA
AGED ABOUT 60 YEARS
RESPONDENTS NO. 1 TO 4 ARE
R/AT SIDDHARTHA NAGAR
KEB ROAD,
SIDLAGHATTA TOWN
CHIKKABALLAPURA DISTRICT -562 105.
5. SRI. K LOKESH
S/O KONDAPPA MAJOR
R/AT SAI NILAYA,
NAGANDAHALLI ROAD,
CHANNASANDRA
KADUGODI POST,
K.R PURAM,
BENGALURU 560 067.
6. UNIVERSAL SOMPO GENERAL
INSURANCE CO., LTD.,
REP BY ITS MANAGER,
100 FEET ROAD,
INDIRA NAGAR,
BENGALURU 560 038.
...RESPONDENTS
(BY SRI.P PRADEEP., ADVOCATE FOR R6;
VIDE ORDER DATED 23.09.2023 ISSUANCE OF
NOTICE TO R5 IS DISPENSED WITH;
R1 & R4 SERVED; (R2 & R3 ARE MINORS
REPRESENTED BY R1 )
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NC: 2023:KHC:40433-DB
RP No. 556 of 2022
THIS REVIEW PETITION IS FILED UNDER ORDER
47 RULE 1 R/W ORDER 114 OF CPC, PRAYING TO
REVIEW THE JUDGMENT DATED 05/07/2021 IN MFA
NO. 2524/2016, ON THE FILE OF THIS COURT AND
REHEAR THE MFA NO. 2524/2016 ON MERITS, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner's appeal in MFA No.2524/2016
along with the claimant's appeal in MFA
No.6552/2016, is disposed of by this Court on
05.07.2021 modifying the Tribunal's order reducing
the compensation allowed to the respondents to a
sum of Rs.47,10,295/- from Rs.47,71,114/-. This
Court has computed the loss of dependency in a sum
of Rs.45,20,295/- taking the monthly income of the
deceased workman in a sum of Rs.23,173/- relying
upon Exhibit P.7.
NC: 2023:KHC:40433-DB
RP No. 556 of 2022
Sri F.S.Dabali, the learned counsel for the
petitioner, submits that this Court must review the
order dated 05.07.2021 because as demonstrated by
the additional documents produced, the deceased's
last drawn salary would not be Rs.23,173/- as this
amount includes a sum of Rs.5,214/- paid as arrears
because of an agreement and similar payments are
not seen in the previous pay slips. However, Sri
F.S.Dabali is not able to demonstrate that there is
any evidence in this regard for this Court to opine
that there is error apparent in computing the loss of
dependency relying upon Exhibit P.7.
As such, the Review Petition stands rejected.
Sd/-
JUDGE
Sd/-
JUDGE
NV
