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2025 DAILYLAW 74518 (KAR)

SMT. YASHODHAMMA v. THE MANAGING DIRECTOR

MFA/3339/2024 · 2025-10-27

Lalitha Kanneganti

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42750 MFA No. 3339 of 2024 C/W MFA No. 3476 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI M.F.A. NO. 3339 OF 2024 C/W M.F.A. NO. 3476 OF 2024 (MV-I) IN MFA No. 3339/2024 BETWEEN: SMT. YASHODHAMMA W/O N MUNIYAPPA AGED ABOUT 63 YEARS R/AT NO 065, SHIVANAPURA HOSAKOTE TALUK KARNATAKA 563 133 …APPELLANT (BY SRI. GURUDEV PRASAD K T., ADVOCATE) AND: THE MANAGING DIRECTOR MOTOR CLAIMS HUB KSRTC, SHANTHINAGAR BENGALURU 560 027 …RESPONDENT (BY SRI.SAMARTH PRAKASH, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.01.2024 PASSED IN MVC NO. 1159/2023 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, COURT OF SMALL CAUSES, MAYO HALL UNIT, BENGALURU, (SCCH- 19), DISMISSING THE CLAIM PETITION FOR COMPENSATION. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42750 MFA No. 3339 of 2024 C/W MFA No. 3476 of 2024 IN MFA NO. 3476/2024 BETWEEN: SRI VENKATESHAPPA C S/O CHOWDAPPA AGED ABOUT 70 YEARS R/AT NO CHOWDENAHALLI NARASAPURA KOLAR KARNATAKA 563 133 ...APPELLANT (BY SRI. GURUDEV PRASAD K T., ADVOCATE) AND: THE MANAGING DIRECTOR MOTOR CLAIMS HUB KSRTC, SHANTHINAGAR BENGALURU 560 027 ...RESPONDENT (BY SRI. SAMARTH PRAKASH., ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.11.01.2024 PASSED IN MVC NO.1172/2023 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MAYO HALL UNIT, BENGALURU, (SCCH-19), DISMISSING THE CLAIM PETITION FOR COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42750 MFA No. 3339 of 2024 C/W MFA No. 3476 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1159/2023 dated 09.01.2024 and MVC.No.1172/2023 dated 11.01.2024 passed by the XV Addl. Small Causes Judge & XXIII ACMM, Bengaluru, MFA.No.3339/2024 and MFA.No.3476/2024 is filed. Both the claimants are before this Court seeking enhancement of the compensation. 2. When the matter came up for hearing, learned counsel for the respondent submits that in MVC.No.1159/2023 the tribunal had awarded an amount of Rs.2,37,267/- the Respondent/KSRTC has already paid Rs.4,03,335/- which is excess than awarded amount and in MVC.No.1172/2023 the tribunal has awarded global compensation of an amount of Rs.40,000/- but the Respondent/KSRTC has already paid an amount of Rs.91,165/- which is more than awarded amount. It is submitted that in view of the same, the appeal is not maintainable. 3. Considering the submission of the learned counsel of the respondent, both the appeals are dismissed. - 4 - HC-KAR NC: 2025:KHC:42750 MFA No. 3339 of 2024 C/W MFA No. 3476 of 2024 i. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. ii. No costs. iii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 5 Sl No.: 27