Divisional vs Shivaji
2024 Latest Caselaw 19334 Kant

Karnataka High Court

Divisional vs Shivaji on 1 August, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                              -1-
                                                          NC: 2024:KHC-K:5541
                                                     MFA No. 200963 of 2018




                             IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                          DATED THIS THE 1ST DAY OF AUGUST, 2024

                                            BEFORE

                        THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

                      MISCL. FIRST APPEAL NO.200963 OF 2018 (MV-D)

                   BETWEEN:

                   DIVISIONAL CONTROLLER,
                   OF NEKSRTC, ADDRESS: OPPOSITE TO
                   D.C. OFFICE, STATION ROAD NEAR
                   MOHAN MARKET BIDAR
                   (CUSTODIAN OF VEHICLE BEARING REG.
                   NO-KA-38/F-624)
                   NOW THROUGH ITS CHIEF LAW OFFICER NEKRTC,
                   CENTRAL OFFICE, SARIGE SADAHANA, MAIN ROAD,
                   KALABURAGI,
                   NOW THROUGH ITS AUTHORISED SIGNATORY.
                                                              ...APPELLANT
                   (BY SRI SHARANABASAPPA M. PATIL, ADVOCATE)

Digitally signed
                   AND:
by RENUKA
Location: HIGH     SHIVAJI S/O RAMA
COURT OF           AGE: 36 YEARS, OCC: LABOUR AND MILK VENDOR,
KARNATAKA
                   R/O. MASKAL TANDA,
                   TQ: AURAD (B), DIST: BIDAR-585326.
                                                           ...RESPONDENT
                   (SERVED)

                         THIS MFA IS FILED U/S 173 (1) OF MV ACT, PRAYING TO,
                   MODIFY THE ORDER OF THE TRIBUNAL AND CALL FOR THE
                   LOWER COURT RECORDS AND HEAR THE PARTIES AND SET
                   ASIDE THE JUDGMENT DATED 16.10.2017 AND AWARD DATED
                   28.10.2017 IN MVC NO.533/2016, IN THE COURT OF SENIOR
                   CIVIL JUDGE AND JMFC, AURAD (B) AND ETC.
                              -2-
                                        NC: 2024:KHC-K:5541
                                    MFA No. 200963 of 2018




    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:      HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

                      ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)

1. The appeal is by the Corporation challenging the

compensation of Rs.80,000/- awarded for the death of a

Buffallo.

2. It is the case of the Corporation that the Tribunal

ought to have accepted the valuation of the Buffalo as

stated by the doctor and the reliance placed on the

certificate given by the Gram Panchayat which disclose the

value of the Buffalo at Rs.75,000/- was incorrect. In my

view, this argument cannot be accepted.

3. The panchayat would have knowledge about the

value of the Buffalo as compared to the veterinary

dispensary who would not be aware of the market value

prevailing for purchase of a Buffalo.

NC: 2024:KHC-K:5541

4. I am therefore of the view there is no merit in this

appeal and the appeal is therefore dismissed.

The amount in deposit, if any, shall be transmitted to

the tribunal forthwith.

Sd/-

(N.S.SANJAY GOWDA) JUDGE

msr

CT: VD