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2025 DAILYLAW 34517 (KAR)

SHRUTHI ANAND BAGALAWADI, v. BRUHAT BENGALURU MAHANAGARA PALIKE

WP/28755/2024 · 2025-01-24

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:3206 WP No. 28755 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 28755 OF 2024 (LB-BMP) BETWEEN: 1. SHRUTHI ANAND BAGALAWADI, AGED 36 YEARS OLD, W/O PAVAN R/A 27/1, NAMMANE, 2ND CROSS, D BLOCK, SHRI KRISHNA GARDEN LAYOUT, RV COLLEGE POST, BANGALORE-560009 …PETITIONER (BY SRI. ARNAV A BAGALWADI., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER BBMP N R SQUARE, BENGALURU, KARNATAKA 560002 2. SPECIAL COMMISSIONER (REVENUE) BBMP (CENTRAL) N R SQAURE, BENGALURU, KARNATAKA 560002 …RESPONDENTS (BY SRI. SUMANA BALIGA M., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECT THE R-2 TO FORTHWITH PROVIDE COMPENSATION TO THE PETITIONER AS PER THE APPLICATION DATED. 13.08.2024 HEREIN PRODUCED AT ANNX-A OR IN THE ALTERNATE, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3206 WP No. 28755 of 2024 ORAL ORDER 1. This petition is filed for a direction to respondent No.2 to provide compensation as requested by the petitioner as per the application dated 13.08.2024, which has been made as per the Guidelines in the matter of payment of compensation for pot-hole related injuries or loss of life,, within the jurisdiction of Bruhat Bengaluru Mahanagara Palike (for short, 'the Guidelines'). She has also produced medical records to indicate the injuries suffered by her and the expenses incurred by her. 2. In light of the fact that the Bruhat Bengaluru Mahanagara Palike itself has framed the Guidelines, which contemplate payment of compensation to users of the road, when they suffer an injury or loss of life due to a pothole or due to poor condition of the roads or footpaths, it would be appropriate to direct respondent No.2 to consider the claim of the petitioner and pass an appropriate order within a period of two - 3 - NC: 2025:KHC:3206 WP No. 28755 of 2024 months from the date of receipt of a copy of this order, after hearing the petitioner. 3. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 66