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MFA No.200784/2016

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 12^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

MFA No.200784/2016 (MV)

BETWEEN:

The Divisional Controller

NEKRTC, Bijapur Divn.

Athani Road, Vijayapur

Through Its:

The Managing Director

NEKRTC, Sarige Sadan

Main Road, Kalaburagi

Represented by:

The Chief Law Officer

... Appellant

(By Sri Subhash Mallapur, Advocate)

AND:

Channamma W/o Shivabasappa Kerur

Age: 45 years, Occ: H.Hold

R/O Aliyabad, Tq & Dist. Vijayapur

... Respondent

(Notice served)

This Miscellaneous First Appeal is filed under section

173 (1) of the Motor Vehicles Act, praying to allow the

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above appeal and consequently to set aside the judgment

and award dated 07.09.2012 passed by MACT-V Vijayapur,

in MVC No.1694/2011.

This appeal coming on for orders this day, the Court

delivered the following:

JUDGMENT

1.

The Road Transport Corporation has filed an appeal

before this Court assailing the order passed by the

MACT-V Vijayapur in MVC No.1694/2011 dated

07.09.2012.

2.

There is delay of 1237 days in filing the above

appeal. Considering that the appellant is a Road

Transport Corporation and the procedure required for

approval to file appeal takes time, I.A.No.1/2017 for

delay is allowed. By accepting the reasons stated

therein, delay of 1237 days is condoned and

accordingly I.A.No.1/2017 is allowed.

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3.

On 16.05.2011, when the deceased/husband of the

claimant was proceedings towards Aliyabad from

Vijayapur on his motorcycle on Vijayapur-Indi road at

about 5.15 p.m. near railway gate, a bus belonging

to the appellant-Corporation was parked in the

middle of the road without allowing other vehicles to

pass through the same in the curve, due to which the

appellant was not able to pass through, the said

vehicle dashed against the parked bus, the appellant

fell down and sustained fatal head injuries and

succumbed to the said injuries while being treated at

the Solapur hospital at 10.00 p.m. The Tribunal

awarded compensation to the claimant directing the

respondent-Corporation to make payment of the

entire amount. The Corporation is before this Court

contending that the accident occurred on account of

the negligence of the deceased and as such, the

Corporation could not have mulcted with any liability

to make payment of the compensation.

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4.

Heard

Sri

Subhash

Mallapur,

learned

counsel

appearing for Road Transport Corporation, the

claimant though served has remained unrepresented.

5.

The claim petition filed by the claimant respondent

was under section 163-A of the Motor Vehicles Act

(hereinafter referred to as the ‘MV Act’). Though Sri

Subhash Mallapur, learned counsel would submit that

the negligence was on the part of the deceased,

when the proceedings were filed under section 163-A

of the MV Act as held by the Apex court in the case

of United India Insurance Co. Ltd. –v- Sunil

Kumar and others [Civil Appeal No.9694 of

2013 Dt. 24.11.2017] and Shivaji and another –

v- Divisional Manager, United India Insurance

Co. Ltd. And others [Civil Appeal No.2816/2018

dt. 9.8.2018], the aspect of negligence would not be

relevant in a petition filed under section 163-A of the

MV Act. In this case the Corporation would require to

make payment of the compensation as awarded

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without claiming any ground of negligence on the

part of the deceased when the claim petition is filed

under section 163-A of the MV Act.

6.

In view thereof, appeal does not survive for

consideration on the grounds made out above.

Hence, the appeal is dismissed.

7.

The amount in deposit is directed to be transferred to

the Tribunal for onward disbursement.

Sd/-

JUDGE

VNR