1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR MISCELLANEOUS FIRST APPEAL NO.4368 OF 2012 (MV) BETWEEN:
MR. SOMESHA S/O MR. HANUMANTHAPPA AGED ABOUT 44 YEARS POST MAN, KANAJANHALLY HIRIYUR TALUK … APPELLANT (BY SHRI. K. SHASHIKANTH PRASAD, ADVOCATE) AND:
1. K.S.R.T.C THE MANAGING DIRECTOR K.H.ROAD, SARIGE BHAVAN BANGALORE REP. BY DEPARTMENT MANAGER K.S.R.T.C, CHITRADURGA DEPARTMENT OWNER OF KSRTC BUS KA- 17/F-985 2. THE CHAIRMAN INTERNAL SECURITY FUND K.S.R.T.C , K.H.ROAD SARIGE BHAVAN BANGALORE … RESPONDENTS (BY SHRI. B. PHALAKSHAIAH, ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.09.2011 PASSED IN MVC NO.86/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT, HIRIYUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
2 JUDGMENT After hearing the learned advocates for the claimant and respondent – K.S.R.T.C., this Court is of the opinion that global compensation of Rs.40,000/- in addition to what has been awarded by the learned Tribunal is just and appropriate.
2. Both learned advocates for the claimant and K.S.R.T.C. submit that parties are agreeable for disposal of this appeal by awarding global compensation of Rs.40,000/- to the claimant.
3. It is submitted by learned advocate for the respondent – K.S.R.T.C. that it has satisfied the award passed by learned Tribunal. In the circumstances, this appeal is allowed in part with a direction to the respondent – K.S.R.T.C., to deposit global compensation of Rs.40,000/- within four weeks from the date of receipt of a copy of this order. Upon such 3 deposit, the said amount shall be released in favour of claimant.
No costs.
Sd/- JUDGE AV