Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16518 MFA No. 4766 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4766 OF 2017 (MV-I) BETWEEN:
1.
THE MANAGING DIRECTOR K.S.R.T.C., SARIGE BHAVANA, KENGAL HANUMANTHAIAH ROAD, BANGALURU - 560 027
NOW THROUGH ITS CHIEF LAW OFFICER, K.S.R.T.C., BANGALORE …APPELLANT (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND:
1.
SRI SUBBEGOWDA S/O LATE JAVAREGOWDA, AGED ABOUT 43 YEARS, R/AT HURULINGANAHALLY VILLAGE, KASABA HOBLI, K.R.PET TALUK MANDYA DISTRICT - 571 426 …RESPONDENT (BY SRI. B. ROOPESHA, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 07.09.2016 PASSED IN MVC NO.824/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT K.R.PET, AWARDING COMPENSATION OF RS.2,29,600/- WITH INTEREST AT THE RATE OF 9% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
Digitally signed by MEGHA MOHAN Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:16518 MFA No. 4766 of 2017
ORAL JUDGMENT The appeal is filed by the appellant - Corporation questioning the award passed in M.V.C.No.824/2013 dated 07.09.2016, by the Senior Civil Judge & J.M.F.C., at K.R.Pet, whereby the Tribunal had granted an amount of Rs.2,29,600/-.
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Learned counsel appearing for the appellant - Corporation submits that the compensation that is awarded by the Tribunal is on the higher side. It is submitted that the interest granted by the Tribunal is at 9% p.a, is on the higher side. He has drawn the attention of the Court to the heads, wherein the amounts were granted by the Tribunal and submits that it is on the higher side.
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Learned counsel appearing for the respondent submits that the Tribunal had rightly considered and granted the compensation. In fact, the claimant is entitled for more compensation, when the accident had taken place in the year 2013 and the Tribunal had taken the income at Rs.4,000/- instead of Rs.8,000/- as per the chart prepared by the Karnataka State Legal Services Authority and if it is calculated, on all the counts, there is every scope for enhancement.
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NC: 2025:KHC:16518 MFA No. 4766 of 2017
However, he does not dispute the fact that no appeal is preferred by the claimant.
4. Having heard the learned counsels on either side, perused the material on record. This Court has perused the injuries that are sustained and the compensation that is granted by the Tribunal. As rightly submitted by the learned counsel for the respondent-claimant the Tribunal had not granted any excessive compensation as submitted by the
learned counsel for the appellant-Corporation. However, the interest that is granted by the Tribunal is on the higher side.
5. Accordingly, the appeal is partly allowed by reducing the interest from 9% p.a. to 6% p.a. i) The compensation amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) Amount in deposit shall be forthwith transferred to the Tribunal.
iii) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the
judgment passed by this Court forthwith without any delay.
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NC: 2025:KHC:16518 MFA No. 4766 of 2017
iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
KA CT-SG List No.: 2 Sl No.: 3