Karnataka High Court
Prahalada Gowda vs The Managing Director on 27 November, 2023
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NC: 2023:KHC:42682
MFA No. 8243 of 2017
C/W MFA No. 9794 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 8243 OF 2017 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 9794 OF 2017 (MV-D)
IN MFA NO. 8243/2017
BETWEEN:
1. PRAHALADA GOWDA,
S/O LATE NARAYANAPPA,
AGED ABOUT 55 YEARS,
2. SMT. RATHNAMMA,
W/O PRAHALADA GOWDA,
AGED ABOUT 47 YEARS,
BOTH ARE RESIDENTS OF
VEEROBHANAHALLI VILLAGE,
Digitally
signed by JAI BUKKAPATNA POST, KORATAGERE TALUK,
JYOTHI J
Location:
TUMKUR DISTRICT - 572 129.
HIGH ...APPELLANTS
COURT OF
KARNATAKA
(BY SRI. SHANTHARAJ K, ADVOCATE)
AND:
THE MANAGING DIRECTOR ,
K.S.R.T.C., KSRTC CENTRAL OFFICE,
K.H.ROAD, BENGALURU - 560 027.
...RESPONDENT
(BY SRI. B. PALAKSHAIAH, ADVOCATE)
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NC: 2023:KHC:42682
MFA No. 8243 of 2017
C/W MFA No. 9794 of 2017
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 23.08.2017 PASSED IN MVC
NO.35/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND MACT XIII MADHUGIRI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO. 9794/2017
BETWEEN:
THE MANAGING DIRECTOR ,
K.S.R.T.C., KSRTC CENTRAL OFFICE,
K.H.ROAD, BENGALURU - 560 027.
NOW REPRESENTED BY ITS
THE CHIEF LAW OFFICER,
K.H. ROAD, SHANTHINAGAR,
BENGALURU - 560 027.
...APPELLANT
(BY SRI. B. PALAKSHAIAH, ADVOCATE)
AND:
1. PRAHALADA GOWDA,
S/O LATE NARAYANAPPA,
AGED ABOUT 55 YEARS,
2. SMT. RATHNAMMA,
W/O PRAHALADA GOWDA,
AGED ABOUT 47 YEARS,
BOTH ARE RESIDING AT
VEEROBHANAHALLI VILLAGE,
BUKKAPATNA POST, KORATAGERE,
-3-
NC: 2023:KHC:42682
MFA No. 8243 of 2017
C/W MFA No. 9794 of 2017
TUMKURU - 572 129.
...RESPONDENTS
(BY SRI. SHANTHARAJ K, ADVOCATE FOR R1 AND R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 23.08.2017 PASSED IN MVC
NO.35/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND MACT XIII MADHUGIRI, AWARDING
COMPENSATION OF RS.7,81,600/- WITH INTEREST AT 6%P.A.
FROM THE DATE OF PETITION TILL THE DATE OF DEPOSITING
OF COMPENSATION AMOUNT BY THE RESPONDENT IN THIS
TRIBUNAL.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This matter came up for final hearing before this
Court today and during the course of arguments, learned
counsel for the appellants/claimants submitted that though
they have produced the medical bills for an amount of
Rs.3,00,000/-, no compensation was granted by the
Tribunal.
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2. Learned counsel appearing for the respondent -
KSRTC submits that in the evidence, it is stated that the
amount is reimbursed and apart from that, it is submitted
that the said medical bills are not supported by any
prescriptions.
3. Considering these aspects this Court deems it
appropriate to remand the matter to the Court below only
to decide on the medical bills and the prescriptions which
are already there on record.
4. Accordingly, the appeal of the claimants is
remanded to the Court below on this specific issue of
considering the medical bills and both the parties are at
liberty to advance the arguments.
i. Without any further notice, parties shall appear
before the Tribunal by 06.12.2023 and the
Court below shall pass appropriate orders by
15.01.2024.
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ii. Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court forthwith
without any delay.
SD/-
JUDGE
MEG
CT: BHK
