IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 21ST DAY OF OCTOBER 2013 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.3576 OF 2008 (MV) Between 1. The General Manager KSRTC, K.H. Double Road, Shantinagar Central Law Office Bangalore 2. The Deputy General Manager Internal Insurance Fund KSRTC K.H. Double Road, Shantinagar Central Law Office Bangalore after bifurcation of the Corporation the appellant is called as The Managing Director, NWKRTC Central Office, Gokul Road, Hubli District: Dharwad Represented by is Chief Law Officer Central Office, Hubli ...Appellants (by Shri Shivakumar S. Badavadagi, Advocate) And: Ashok R/o Parappa Halabhavi Aged about 34 years Occ: Painter, R/o Lolasar, Taluk: Gokak 2 District: Belgaum ...Respondent This MFA is filed under Section 173(1) of the Motor Vehicles Act against the judgment and award dated 16.11.2006 passed in MVC No.910 of 2001 on the file of the Civil Judge (Sr. Dn.) and Additional MACT, Gokak. This appeal coming on for orders, this day, the Court made the following: JUDGMENT
This appeal is filed by the Corporation against the
Judgment and award dated 16th November 2006 passed in MVC
No.910 of 2001. The respondent, who is the claimant, filed
claim petition for the injuries sustained in the accident on 5th
July 2000. Originally, this appeal was filed before the Principal
Bench at Bangalore and after constitution of Circuit Bench, this
appeal was transmitted from Bangalore Bench to this Bench.
The learned counsel for the appellant submits that in this appeal
notice was ordered on 22nd August 2013 when the appeal came
up before this Court for taking steps for service of notice. He
further submits that he has paid the process today.
2. The judgment and award impugned in this appeal has
been examined in the light of the reasons assigned by the
Tribunal. The Tribunal has awarded the compensation of
Rs.1,04,800/-. The claimant has proved the accident and the
nature of injury by examining PW.2 Doctor and has marked
documents as per Exhibits P1 to P25. On behalf of the
respondent-appellant herein, none has been examined and no
document has been marked.
3. I have also gone through the discussion made by the
Tribunal in awarding the said compensation. I find that the
Tribunal is justified in awarding compensation. Hence, I am not
inclined to interfere in the matter.
4. The most heart-burning thing to be noticed in this case
is that till today i.e. even after the lapse of thirteen years, the
claimant has failed to get the compensation. The object of the
Motor Accidents Compensation Act, 1999 is to extend relief
within the earliest possible time. By invoking one or the other
reason, this appeal is being dodged, for which, including the
learned counsel, to some extent the management of the
appellant is also responsible. Under the circumstance, I dispose
of this matter directing the appellant Corporation to deposit the
entire amount, including the amount in deposit before this Court,
within a period of six weeks from today. Amount in deposit be
transmitted to the Tribunal. In terms of the above, the appeal
stands disposed of.