Mahaboob Sab @ F Mahaboob vs The Divisional Controller
2024 Latest Caselaw 3580 Kant

Karnataka High Court

Mahaboob Sab @ F Mahaboob vs The Divisional Controller on 6 February, 2024

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                                                     NC: 2024:KHC:5289
                                                  MFA No. 8580 of 2016




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 6TH DAY OF FEBRUARY, 2024

                                       BEFORE
                      THE HON'BLE MR JUSTICE C.M. POONACHA
             MISCELLANEOUS FIRST APPEAL NO.8580 OF 2016(MV-I)
             BETWEEN:

             1.    MAHABOOB SAB @ F MAHABOOB
                   S/O FAKRUDDIN SAB R
                   @ FAKRU SAB
                   AGED ABOUT 45 YEARS,
                   OCCUPATION : DRIVER OF APPE GOOD VEHICLE
                   RESIDENT OF SHIMOGA ROAD
                   NEAR MAHAJANAHALLI
                   GRAMA TEMPLE, HARIHAR-577 601.

                                                          ...APPELLANT
             (BY SRI. SRINIVAS N .,ADVOCATE)

             AND:

             1.    THE DIVISIONAL CONTROLLER
                   K.S.R.T.C. DAVANAGERE DEPOT
Digitally          DAVANAGERE-577002.
signed by
BHARATHI S
Location:    2.    THE MANAGING DIRECTOR
HIGH COURT
OF                 K.S.R.T.C. CONTROLLER
KARNATAKA          DAVANAGERE DIVISION,
                   K.H.ROAD, BENGALURU-560 027.

             3.    THE CHAIRMAN
                   K.S.R.T.C. INTERNAL CONTROL
                   SECURITY FUND, K.H.ROAD
                   BENGALURU-560 027.

             4.    R.M.BIRADAR
                   S/O MALLANA GOWDA
                   KSRTC BUS DRIVER
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                                        NC: 2024:KHC:5289
                                    MFA No. 8580 of 2016




     BADGE NO.2725,
     RESIDENT OF HALAVAGALU
     HARAPANALLI TALUK
     DAVANAGERE DISTRICT-583 131.

5.   THE MANAGING DIRECTOR
     M/S KSRTC REGIONAL WORKSHOP
     HASSAN-573 201.

6.   THE MANAGER
     ORIENTAL INSURANCE CO LTD
     NO.19/1, 1ST FLOOR,
     3RD CROSS, CHIKKANNA GARDEN,
     SHANKAR MUTT COMPOUND
     SHAN KARAPURUM
     BENGALURU-560 004

                                         ...RESPONDENTS
(BY MS.RAJESHWARI S.PATIL, ADVOCATE FOR
    H.R.RENUKA, ADVOCATE FOR R-1, R-2, R-3 & R-5;
    SRI.K.POORNA BODHA RAO., ADVOCATE FOR R-6)

     THIS MFA FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:20.09.2016
PASSED IN MVC NO.2/2011 ON THE FILE OF THE SENIOR
CIVIL JUDGE, MEMBER, ADDITONAL MACT, HARIHAR, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION, ETC.

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

                       JUDGMENT

1. Learned counsel for the appellant seeks for a short

accommodation to bring the legal representatives of

deceased appellant on record.

NC: 2024:KHC:5289

2. It is stated that the appellant is deceased. The

present appeal is filed by the claimant seeking for

enhancement of compensation challenging the judgment

and award dated 20.09.2016 passed in MVC No. 2/2011

on the file of Senior Civil Judge & Additional MACT, Harihar

(hereinafter referred to as, 'Tribunal'), wherein the

Tribunal has awarded a total compensation of Rs.50,000/-

together with interest.

3. It is forthcoming that the claimant in the said claim

proceedings had claimed medical expenses of Rs.46,106/-

and 69 medical bills were marked as Ex.P-17.

4. In view of the aforementioned and having regard to

the fact that the present appeal arises out of the claim

proceedings filed claiming compensation for the injuries

sustained in the accident in question, and having regard to

the fact that the total compensation awarded by the

Tribunal is commensurate with the medical expenses

claimed by the claimant, no further ground arises for

NC: 2024:KHC:5289

consideration consequent to bringing the legal

representatives of deceased appellant on record.

In view of the same, the appeal is dismissed.

sd/-

JUDGE

HNM