Union Of India vs Harishchandragouda Son Of Late Bheemanagouda

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Kar) 518

ALOK ARADHE, M. G. S. KAMAL
Union Of India – Appellant
Versus
Harishchandragouda Son Of Late Bheemanagouda – Respondent

Advocates:
Advocate Appeared:
For the Appellant : MR. ABHINAY Y.T. ADV.
For the Respondent: MS. BHAVANA PATIL, ADV., FOR MR. MALIPATIL, ADV.

ORDER :

In this petition under Article 227 of the Constitution of India, the petitioners inter alia seek quashment of the orders dated 09.10.2015 and 21.05.2012 passed by the Karnataka State Consumer Dispute Redressal Commission (hereinafter referred to as 'the District Commission' for short) as well as Karnataka State Consumer Dispute Redressal Commission (hereinafter referred to as 'the State Commission' for short) respectively. In order to appreciate the petitioners challenge to the impugned order, relevant facts need mention, which are stated infra.

2. On 24.01.2011, father of respondent No.1 while alighting from the train, fell down and was killed. The respondents thereupon sent a notice on 12.09.2011 to the petitioner and thereafter filed a complaint before the District Commission seeking compensation of Rs.4,00,000/-for the death of late Bheemanagouda. The District Commission by an order dated 21.04.2012 inter alia held that Section 3 of the Consumer Protection Act has an overriding effect on other provisions of law. Therefore, the complaint in respect of the accident in question lies before the Consumer Forum. Accordingly, the District Commission awarded a sum of Rs.2.55 Lakh