Karnataka High Court
The Managing Director vs Ali Sab I Bandagi on 21 October, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:42079
MFA No. 10429 of 2018
C/W MFA No. 10431 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO.10429 OF 2018 C/W
MISCELLANEOUS FIRST APPEAL NO.10431 OF 2018 (MV-I)
IN MFA NO.10429/2018:
BETWEEN:
1. THE MANAGING DIRECTOR
K.S.R.T.C., CENTRAL OFFICE
K. H. ROAD, DOUBLE ROAD, SHANTHINAGAR
BENGALURU-560 027
REP. BY ITS CHIEF LAW OFFICER.
...APPELLANT
(BY SRI S. RAJASHEKAR, ADVOCATE)
AND:
1. ALI SAB I BANDAGI
S/O. IMAM SAB
AGED ABOUT 46 YEARS
Digitally signed
by KIRAN K.S.R.T.C DRIVER, BADGE NO.958
KUMAR R BENGALURU CENTRAL 1ST DEPOT
Location: SHANTHINAGARA
HIGH COURT BENGALURU-560 027.
OF
KARNATAKA 2. SMT. SHASHIKALA
W/O. LATE B. G. KAVISHA
AGED ABOUT 31 YEARS
AGRICULTURIST AND HOUSEWIFE
R/O. BASARAVALLI VILLAGE
KANATHI POST, AVATHI HOBLI
CHIKKAMAGALURU TALUK-577 117.
...RESPONDENTS
(BY SRI K. VENKATE GOWDA, ADVOCATE FOR IMPLEADING R-3;
VIDE ORDER DATED 14/10/2024, NOTICE TO R-1 IS
DISPENSED WITH;
R-2: SERVED)
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NC: 2024:KHC:42079
MFA No. 10429 of 2018
C/W MFA No. 10431 of 2018
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 01.08.2018
PASSED IN MVC NO.75/2017 ON THE FILE OF THE 1ST
ADDITIONAL SENIOR CIVIL JUDGE, AMACT, CHIKKAMAGALURU,
AWARDING COMPENSATION OF RS.41,768/- WITH INTEREST AT
6% P.A. FORM THE DATE OF PETITION TILL ITS ENTIRE
REALIZATION FROM THE 2ND RESPONDENT.
IN MFA NO.10431/2018:
BETWEEN:
1. THE MANAGING DIRECTOR
K.S.R.T.C., CENTRAL OFFICE
K. H. ROAD, DOUBLE ROAD
SHANTHINAGAR, BENGALURU-560 027
REP. BY ITS CHIEF LAW OFFICER.
...APPELLANT
(BY SRI RAJASHEKAR S., ADVOCATE)
AND:
1. ALI SAB I BANDAGI
S/O. IMAN SAB
AGED ABOUT 45 YEARS
K.S.R.T.C. DRIVER, BADGE NO.958
BENGALURU CENTRAL 1ST DEPOT
SHANTHINAGARA, BENGALURU-560 027.
2. SMT. SHASHIKALA
W/O. LATE B. G. KAVISHA
AGED ABOUT 30 YEARS.
3. KUM. B. K. ISHWARYA
AGED ABOUT 04 YEARS
D/O SMT. SHASHIKALA
W/O. LATE B. G. KAVISHA
MINOR, REP. BY MOTHER
AND NATURAL GUARDIAN
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NC: 2024:KHC:42079
MFA No. 10429 of 2018
C/W MFA No. 10431 of 2018
SMT. SHASHIKALA
W/O. LATE B. G. KAVISHA
AGED ABOUT 30 YEARS.
4. B. A. GOPALA GOWDA
S/O. ANNEGOWDA
AGED ABOUT 70 YEARS
AGRICULTURIST.
5. SMT. PARVATHAMMA
W/O. B. A. GOPALAGOWDA
AGED ABOUT 65 YEARS
RESPONDENT NOS.2 TO 5 ARE
R/O. BASARAVALLI VILLAGE
KANATHI POST, AVATHI HOBLI
CHIKKAMAGALURU TALUK-577 117.
...RESPONDENTS
(BY SRI H. C. SUNDARESH, ADVOCATE FOR R-2, R-4 & R-5;
R-3: MINOR REPRESENTED BY R-1;
NOTICE TO R-1 IS DISPENSED WITH IN
MFA NO.10429/2018)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 01/08/2018,
PASSED IN MVC NO.77/2017, ON THE FILE OF THE 1ST
ADDITIONAL SENIOR CIVIL JUDGE AND AMACT,
CHIKKAMAGALURU, AWARDING COMPENSATION OF
RS.10,05,000/- WITH INTEREST AT THE RATE OF 6% P.A.,
FROM THE DATE OF PETITION, TILL REALIZATION.
THESE APPEALS, COMING ON FOR FURTHER ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
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NC: 2024:KHC:42079
MFA No. 10429 of 2018
C/W MFA No. 10431 of 2018
ORAL JUDGMENT
1. The KSRTC is in appeal challenging the order of the
Tribunal by which it has held that the driver of the bus
could not be responsible for the accident.
2. The Tribunal on an assessment of the oral evidence
of claimant, the driver as well as the spot mahazar and the
rough sketch has come to the conclusion that the accident
occurred due to rash and negligent driving of the KSRTC
bus driver. It has also taken notice of the fact that the
Investigating Officer/Police after the investigation has
concluded that the driver of the bus was responsible and
had laid a charge sheet against him. In my view, this
finding of the Tribunal cannot be found fault with.
3. The driver was examined and he has gone on to
state that he had come to the extreme side of the road
and yet, the accident occurred and, therefore, he is not
responsible. However, the spot mahazar and the rough
sketch which has been examined by the Tribunal has
NC: 2024:KHC:42079
indicated that the accident occurred only due to the rash
and negligent driving on the part of the driver of the
KSRTC bus. In my view, the assessment of the Tribunal
cannot be found fault with.
4. Consequently, the appeals are dismissed.
Sd/-
(N S SANJAY GOWDA)
JUDGE
GSR
