Smitha vs Divisional Controller
2024 Latest Caselaw 27678 Kant

Karnataka High Court

Smitha vs Divisional Controller on 19 November, 2024

Author: N S Sanjay Gowda

Bench: N S Sanjay Gowda

                                              -1-
                                                        NC: 2024:KHC:46860
                                                      MFA No. 1941 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                           BEFORE
                          THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                   MISCELLANEOUS FIRST APPEAL NO.1941 OF 2020(MV-DM)
                   BETWEEN:

                   1.    SMITHA
                         W/O P. B. NAGESH
                         AGED ABOUT 34 YEARS,
                         R/AT PIRANGI MATHA VILLAGE
                         MAKHAN, SHARVANABELAGOLA ROAD
                         CHANNARAYAPATNA TOWN AND TALUK
                         HASSAN DISTRICT-570 139
                                                              ...APPELLANT
                   (BY SRI D. T. NANJESH GOWDA,ADVOCATE)

                   AND:

                   1.    DIVISIONAL CONTROLLER
                         K.S.R.T.C.
                         MANGALORE DIVISION
                         MANGALORE
Digitally signed
                                                            ...RESPONDENT
by KIRAN           (BY SRI F.S. DABALI, ADVOCATE)
KUMAR R
Location: HIGH
COURT OF                THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
KARNATAKA
                   AGAINST THE JUDGMENT AND AWARD DATED 21.02.2017
                   PASSED IN MVC NO.1313/2015 ON THE FILE OF THE IV
                   ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, SIT
                   AT CHANNARAYAPATNA, PARTLY ALLOWING THE CLAIM
                   PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
                   OF COMPENSATION.

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

                   CORAM:    HON'BLE MR JUSTICE N S SANJAY GOWDA
                              -2-
                                           NC: 2024:KHC:46860
                                       MFA No. 1941 of 2020




                     ORAL JUDGMENT

1. The claimant, being dissatisfied with the sum of

Rs.1,00,000/- awarded as damages suffered by him

to his property as a result of the accident, he is in

appeal seeking enhancement.

2. The Tribunal, taking note of Ex.P-7 the police

mahazar which indicated that the claimant had

suffered damage to his bakery items, fridge, cylinder

gas and stove, electric motor machine and plywood

showcase and also taking note of the fact that the

door of the claimant's house has also sustained

damage as a result of the accident, has awarded a

sum of Rs.1,00,000/-.

3. In my view, since the claimant had suffered damage

to his fridge, cylinder gas and stove, electric motor

machine and plywood showcase, it would be

appropriate to enhance the compensation to

NC: 2024:KHC:46860

Rs.1,50,000/- as against Rs.1,00,000/- awarded by

the Tribunal.

4. However, the claimant would not be entitled to

interest for the delayed period as per order dated

19.11.2024.

5. The KSRTC is directed to deposit the amount of

compensation awarded within two months from the

date of receipt of a certified copy of this judgment.

6. The other aspects of the Award of the Tribunal

remain undisturbed.

7. This appeal is, accordingly, allowed in part.

Sd/-

(N S SANJAY GOWDA) JUDGE

HNM