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MFA No. 5466 of 2015

C/W MFA No. 5617 of 2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF JANUARY, 2023

BEFORE

THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

MISCELLANEOUS FIRST APPEAL NO. 5466 OF 2015 C/W

MISCELLANEOUS FIRST APPEAL NO. 5617 OF 2015 (MV-D)

IN MFA NO.5466/2015

BETWEEN:

THE MANAGING DIRECTOR

KSRTC

SHANTHINAGAR

BANGALORE

REPRESENTED BY ITS

CHIEF LAW OFFICER

KSRTC, CENTRAL OFFICES

SHANTHINAGAR, BANGALORE-560 027.

…APPELLANT

(BY

SMT.

ARUNA

BHAT,

ADVOCATE

FOR

SRI. G LAKSHMEESH RAO., ADVOCATE)

AND:

1.

SRI. RAMJI @ RAMUJI

@ RAMJILAL

S/O RATHANLAL

AGED 55 YEARS

2.

SMT VIMALA

W/O RAMJI @ RAMUJI

@ RAMJILAL

AGED ABOUT 47 YEARS

Digitally signed by

JAI JYOTHI J

Location: HIGH

COURT OF

KARNATAKA

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MFA No. 5466 of 2015

C/W MFA No. 5617 of 2015

3.

KUMARI POOJA

D/O RAMJI @ RAMUJI

@ RAMJILAL

AGED ABOUT 18 YEARS

4.

KUMARI RAJANI

D/O RAMJI @ RAMUJI

@ RAMJILAL

AGED ABOUT 16 YEARS

REPRESENTED BY HER FATHER

D/O RAMJI @ RAMUJI

@ RAMJILAL

ALL ARE RESIDING AT

BARRED VILLAGE

JOOR TQ., MORENA DISTRICT

MADHYA PRADESH STATE.

…RESPONDENTS

(BY SRI. P SHIVAKUMAR,

ADVOCATE FOR R1 & R2,

R4 MINOR REP. BY R1, R3-SERVED)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE

JUDGMENT AND AWARD DATED:29.4.2015 PASSED IN MVC

NO.4280/2014 ON THE FILE OF THE 19TH ADDITIONAL SMALL

CAUSES

JUDGE,

MACT,

BENGALURU,

AWARDING

A

COMPENSATION OF RS.9,52,250/- WITH INTEREST @ 6% P.A

FROM THE DATE OF PETITION TILL ITS REALIZATION.

IN MFA NO.5617/2015

BETWEEN:

1.

SRI RAMJI @ RAMUJI @ RAMJILAL

S/O RATHANLAL,

AGED ABOUT 55 YEARS,

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MFA No. 5466 of 2015

C/W MFA No. 5617 of 2015

2.

SMT VIMALA

W/O RAMJI @ RAMUJI @ RAMJILAL,

AGED ABOUT 47 YEARS,

3.

SRI POOJA

D/O RAMJI @ RAMUJI @ RAMJILAL,

AGED ABOUT 18 YEARS,

4.

KUMARI RAJANI

D/O RAMJI @ RAMUJI @ RAMJILAL,

AGED ABOUT 16 YEARS,

SINCE APPELLANT NO.4 MINOR,

REP. BY HER MOTHER APPELLANT

NO.2 SMT. VIMALA,

ALL ARE R/AT BARRED VILLAGE,

JOOR TALUK, MORENA DISTRICT,

MADHYA PRADESH.

…APPELLANTS

(BY SRI. SHIVAKUMAR P, ADVOCATE)

AND:

THE MANAGING DIRECTOR

KSRTC, K.H.ROAD,

SHANTHINAGAR,

BENGALURU-560027.

…RESPONDENT

(BY

SMT.

ARUNA

BHAT,

ADVOCATE

FOR

SRI.

G. LAKSHMEESH RAO, ADVOCATE)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE

JUDGMENT AND AWARD DATED:29.4.2015 PASSED IN MVC

NO.4280/2014 ON THE FILE OF THE 19TH ADDITIONAL SMALL

CAUSES JUDGE, MACT, BENGALURU, PARTLY ALLOWING THE

CLAIM

PETITION

FOR

COMPENSATION

AND

SEEKING

ENHANCEMENT OF COMPENSATION.

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MFA No. 5466 of 2015

C/W MFA No. 5617 of 2015

THESE APPEALS, COMING ON FOR FINAL HEARING, THIS

DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

MFA.No.5466/2015 is filed by the KSRTC challenging

the

judgment

and

award

dated

29.04.2015

in

MVC.No.4280/2014 passed by Motor Accident Claims

Tribunal, Bangalore (SCCH-17), questioning attribution of

entire negligence on the part of the driver of the bus and

also for reduction of compensation.

MFA.No.5617/2015

is

filed

by

the

claimants

challenging the aforesaid judgment and award for seeking

enhancement of compensation.

2.

Brief facts of the case are that, on 04.08.2014

at about 7.30 pm., the deceased was crossing Tumkur-

Bangalore NH-4 main road, on Kengal Kempohali Bus

Stand, at that time, a KSRTC bus bearing Reg.

No.KA-19-F-3098 came in a rash and negligent manner

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MFA No. 5466 of 2015

C/W MFA No. 5617 of 2015

and dashed to the deceas