1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.011211 OF 2017 (Arising out of SLP(C) No.10609 of 2016) B.M. AMRUTESH .....APPELLANT(S) VERSUS THE DEPOT MANGER, K.S.R.T.C. AND ORS. ....RESPONDENT(S) O R D E R Leave granted. It appears that the appellant sustained grievous injuries due to rash and negligent driving by the driver of KSRTC Bus bearing No.KA-34/F-832 commuting from Mysore to Challakere. Thereafter, he filed a claim petition being M.V.C. No.16/2010 under Section 166 of the Motor Vehicles Act 1988, before the Motor Accident Claims Tribunal at Challakere (for short the 'Tribunal') for compensation. The Tribunal awarded a compensation of Rs.51,200/- along with interest at the rate of 6% per annum from the date of filing of claim petition till its realisation. Aggrieved by the same, the appellant-claimant preferred appeal being M.F.A. No.7451 of 2011 before the High Court of Karnataka for enhancement of the compensation. The High Court dismissed the said appeal. Being aggrieved, the
2 appellant preferred this appeal by special leave. We have heard learned counsel appearing for the parties and perused the record. After considering the entire facts of the case, we are of the opinion that the compensation awarded by the Tribunal and affirmed by the High Court, needs further enhancement keeping in view the injuries sustained by the appellant. We, therefore, dispose of this appeal by enhancing compensation to a sum of Rs.1,50,000/- (Rupees one lakh and fifty thousand only) inclusive of the amount of interest awarded by the courts below. Needless to say that if the amount of compensation already paid to the appellant-claimant, the same shall be adjusted from the enhanced amount awarded by this Court. We further direct the respondents that the enhanced compensation shall be paid to the appellant within a period of six weeks from today. .......................J [S. A. BOBDE] .......................J [L. NAGESWARA RAO] NEW DELHI; SEPTEMBER 01, 2017.
3 ITEM NO.11 COURT NO.7 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 10609/2016 (Arising out of impugned final judgment and order dated 22-07-2015 in MFA No.7451/2011 passed by the High Court Of Karnataka At Bangalore) B.M. AMRUTESH Petitioner(s) VERSUS THE DEPOT MANGER, K.S.R.T.C. AND ORS. Respondent(s) (IA No.82254/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS and IA No.82255/2017-EXEMPTION FROM FILING O.T.) Date : 01-09-2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Mr. C.B. Gururaj, Adv. Mr. Amit J. Sharma, Adv. Mr. Prakash Ranjan Nayak, AOR For Respondent(s) Mr. S. N. Bhat, AOR Mr. A. N. Arora, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is disposed of in terms of the signed order. As a sequel to the above, pending interlocutory applications, if any, stand disposed of. (SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) BRANCH OFFICER (Signed Order is placed on the file)
ITEM NO.7 COURT NO.8 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 10609/2016 (Arising out of impugned final judgment and order dated 22-07-2015 in MFA No. 7451/2011(MV) passed by the High Court Of Karnataka At Bangalore) B.M. AMRUTESH Petitioner(s) VERSUS THE DEPOT MANGER, K.S.R.T.C. AND ORS. Respondent(s) Date :16-08-2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Mr. G.B. Gururaj, Adv. Mr. Amith J., adv. Mr. Prakash Ranjan Nayak, AOR For Respondent(s) Mr. S.N. Bhat, AOR Mr. A.N. Arora, AOR UPON hearing the counsel the Court made the following O R D E R In view of letter circulated, two weeks' time is granted to file additional documents. List thereafter. [ Charanjeet Kaur ] [ Indu Kumari Pokhriyal ] A.R.-cum-P.S. Branch Officer
ITEM NO.15 COURT NO.7 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).10609/2016 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 22-07-2015 IN MFA NO. 7451/2011 PASSED BY THE HIGH COURT OF KARNATAKA AT BANGALORE) B.M. AMRUTESH Petitioner(s) VERSUS THE DEPOT MANGER, K.S.R.T.C. AND ORS. Respondent(s) Date : 04-07-2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Mr. C.B. Gururaj, Adv. Mr. K.P. Singh, Adv. Mr. Prakash Ranjan Nayak, AOR For Respondent(s) Mr. S. N. Bhat, AOR UPON hearing the counsel the Court made the following O R D E R At the request of learned counsel appearing for petitioner, four weeks' time is granted to enable him to file the additional documents. Put up thereafter. (SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER BRANCH OFFICER
ITEM NO.44 REGISTRAR COURT. 1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWAL Petition(s) for Special Leave to Appeal (C) No(s). 10609/2016 B.M. AMRUTESH Petitioner(s) VERSUS THE DEPOT MANGER, K.S.R.T.C. AND ORS. Respondent(s) Date : 21/02/2017 This petition was called on for hearing today. For Petitioner(s) Mr. Prakash Ranjan Nayak,Adv. For Respondent(s) Mr. S. N. Bhat,Adv. UPON hearing the counsel the Court made the following O R D E R Last opportunity is granted to the Ld.Advocate-on-Record, Mr.S.N. Bhat for filing vakalatnama on behalf of respondent Nos.2 and 3 and counter affidavit on behalf of respondent Nos.1 to 3 within four weeks' time. Registry to process the matter for listing before the Hon'ble Court immediately after the expiry of the period of four weeks, irrespective of the fact whether vakalatnama and counter affidavit on behalf of the above-said respondents are filed or not, as further opportunity is deemed to be declined and service of all the respondents is complete. (PAWAN DEV KOTWAL) Registrar
LISTING ON 21.02.2017 BEFORE REGISTRAR COURT NO. 1 ITEM NO. 44 SEC.IV-A IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 10609 OF 2016 B.M. AMRUTESH ...PETITIONER -VERSUS- THE DEPOT MANGER, K.S.R.T.C. AND ORS. ...RESPONDENTS OFFICE REPORT The matter above mentioned was listed before the Registrar Court on 18.01.2017, when the following order was passed: “ The Ld. Counsel for respondent No.1 seeks time to file vakalatnama on behalf of respondent Nos.2 and 3 also. Vakalatnama and counter affidavit on behalf of all the respondents be filed within four weeks' time. The Ld. Counsel for the petitioner to serve the copy of pleadings upon the Ld. Counsel for these respondents within one week's time. Period of four weeks shall reckon thereafter. List again on 21.2.2017. ” It is submitted that Mr. S.N. Bhat, Advocate has not filed counter affidavit on behalf of Respondent No. 1 so far. It is further submitted that A.D. Cards duly signed with the notice have been received from respondent nos. 2-3, but no one has entered appearance on their behalf so far. It is further submitted that Counsel for the petitioner has not filed proof of service to serve copy of pleadings to the Counsel for the respondents so far. Service of show cause notice is complete. The matter above mentioned is, listed before the Registrar Court with this office report. Dated this the 20 th day of February, 2017. ASSISTANT REGISTRAR Copy to: Mr. Prakash Ranjan Nayak, Advocate Mr. S.N. Bhat, Advocate. ASSISTANT REGISTRAR -RJ
^ITEM NO.44 REGISTRAR COURT. 1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWALPetition(s) for Special Leave to Appeal (C) No(s). 10609/2016B.M. AMRUTESH Petitioner(s) VERSUSTHE DEPOT MANGER, K.S.R.T.C. AND ORS. Respondent(s)Date : 21/02/2017 This petition was called on for hearing today.For Petitioner(s) Mr. Prakash Ranjan Nayak,Adv. For Respondent(s) Mr. S. N. Bhat,Adv. UPON hearing the counsel the Court made the following O R D E RLast opportunity is granted to the Ld.Advocate-on-Record,Mr.S.N. Bhat for filing vakalatnama on behalf of respondentNos.2 and 3 and counter affidavit on behalf of respondentNos.1 to 3 within four weeks' time.Registry to process the matter for listing before theHon'ble Court immediately after the expiry of the period offour weeks, irrespective of the fact whether vakalatnama andcounter affidavit on behalf of the above-said respondents arefiled or not, as further opportunity is deemed to be declinedand service of all the respondents is complete. (PAWAN DEV KOTWAL) Registrar
ITEM NO.74 REGISTRAR COURT. 1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWAL Petition(s) for Special Leave to Appeal (C) No(s). 10609/2016 B.M. AMRUTESH Petitioner(s) VERSUS THE DEPOT MANGER, K.S.R.T.C. AND ORS. Respondent(s) Date : 18/01/2017 This petition was called on for hearing today. For Petitioner(s) Mr. Prakash Ranjan Nayak,Adv. For Respondent(s) Mr. S. N. Bhat,Adv. UPON hearing the counsel the Court made the following O R D E R The Ld. Counsel for respondent No.1 seeks time to file vakalatnama on behalf of respondent Nos.2 and 3 also. Vakalatnama and counter affidavit on behalf of all the respondents be filed within four weeks' time. The Ld. Counsel for the petitioner to serve the copy of pleadings upon the Ld. Counsel for these respondents within one week's time. Period of four weeks shall reckon thereafter. List again on 21.2.2017. (PAWAN DEV KOTWAL) Registrar
ITEM NO.74 REGISTRAR COURT. 1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWALPetition(s) for Special Leave to Appeal (C) No(s). 10609/2016B.M. AMRUTESH Petitioner(s) VERSUSTHE DEPOT MANGER, K.S.R.T.C. AND ORS. Respondent(s)Date : 18/01/2017 This petition was called on for hearing today.For Petitioner(s) Mr. Prakash Ranjan Nayak,Adv. For Respondent(s) Mr. S. N. Bhat,Adv. UPON hearing the counsel the Court made the following O R D E RThe Ld. Counsel for respondent No.1 seeks time to filevakalatnama on behalf of respondent Nos.2 and 3 also.Vakalatnama and counter affidavit on behalf of all therespondents be filed within four weeks' time. The Ld. Counselfor the petitioner to serve the copy of pleadings upon the Ld.Counsel for these respondents within one week's time. Periodof four weeks shall reckon thereafter.List again on 21.2.2017. (PAWAN DEV KOTWAL) Registrar
ITEM NO.71 REGISTRAR COURT. 1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWAL Petition(s) for Special Leave to Appeal (C) No(s). 10609/2016 B.M. AMRUTESH Petitioner(s) VERSUS THE DEPOT MANGER, K.S.R.T.C. AND ORS. Respondent(s) Date : 24/11/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Prakash Ranjan Nayak,Adv. For Respondent(s) Mr. S. N. Bhat,Adv. UPON hearing the counsel the Court made the following O R D E R Sole r espondent to file counter affidavit within four weeks' time. List again on 18.01.2017. (PAWAN DEV KOTWAL) Registrar
LISTING ON 24.11.2016 BEFORE REGISTRAR COURT NO. 1 ITEM NO. 71 SEC.IV-A IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 10609 OF 2016 B.M. AMRUTESH ...Petitioner(s) -Versus- THE DEPOT MANGER, K.S.R.T.C. AND ORS. ...Respondent(s) OFFICE REPORT The matter above mentioned was listed before the Registrar Court on 21.09.2016, when the following order was passed: “ The Ld. Counsel for the petitioner to serve the copy of pleadings upon the Ld. Counsel for all the respondents within one week's time. Counter affidavit be filed within four weeks thereafter. List again on 24.11.2016. ” It is submitted that Mr. S.N. Bhat, Advocate has not filed counter affidavit on behalf of Respondent Nos. 1-3 so far. Counsel for the petitioner has not filed proof of service to serve copy of pleadings to the Counsel for the respondents so far. Service of show cause notice is complete. The matter above mentioned is listed before the Registrar Court with this office report. Dated this the 23 rd day of November, 2016. ASSISTANT REGISTRAR Copy to: Mr. Prakash Ranjan Nayak, Advocate Mr. S.N. Bhat, Advocate. ASSISTANT REGISTRAR -RJ
BITEM NO.71 REGISTRAR COURT. 1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWALPetition(s) for Special Leave to Appeal (C) No(s). 10609/2016B.M. AMRUTESH Petitioner(s) VERSUSTHE DEPOT MANGER, K.S.R.T.C. AND ORS. Respondent(s)Date : 24/11/2016 This petition was called on for hearing today.For Petitioner(s) Mr. Prakash Ranjan Nayak,Adv. For Respondent(s) Mr. S. N. Bhat,Adv. UPON hearing the counsel the Court made the following O R D E RSole r espondent to file counter affidavit within four weeks'time. List again on 18.01.2017. (PAWAN DEV KOTWAL) Registrar
ITEM NO.74 REGISTRAR COURT. 1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWAL Petition(s) for Special Leave to Appeal (C) No(s). 10609/2016 B.M. AMRUTESH Petitioner(s) VERSUS THE DEPOT MANGER, K.S.R.T.C. AND ORS. Respondent(s) Date : 21/09/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Prakash Ranjan Nayak,Adv. For Respondent(s) Mr. S. N. Bhat,Adv. UPON hearing the counsel the Court made the following O R D E R The Ld. Counsel for the petitioner to serve the copy of pleadings upon the Ld. Counsel for all the respondents within one week's time. Counter affidavit be filed within four weeks thereafter. List again on 24.11.2016. (PAWAN DEV KOTWAL) Registrar
LISTING ON 21.09.2016 REGISTRAR COURT NO. 1 ITEM NO. 74 SEC.IV-A IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 10609 OF 2016 B.M. AMRUTESH ...Petitioner(s) -Versus- THE DEPOT MANGER, K.S.R.T.C. AND ORS. ...Respondent(s) OFFICE REPORT The matter above mentioned was listed before the Registrar Court on 20.07.2016, when the following order was passed: “Four weeks' time is granted to all the respondents for filing counter affidavit. The Ld. Counsel for the petitioner to serve the copy of pleadings to the Ld. Counsel for the respondents within one week. Period of four weeks shall reckon thereafter. List again on 21.9.2016. ” It is submitted that Mr. S.N. Bhat, Advocate has not filed counter affidavit on behalf of Respondent Nos. 1-3 so far. Counsel for the petitioner has not filed proof of service to serve he copy of pleadings to the Ld. Counsel for the respondents so far. Service of show cause notice is complete. The matter above mentioned is listed before the Registrar Court with this office report. Dated this the 20 th day of September, 2016. ASSISTANT REGISTRAR Copy to: Mr. Prakash Ranjan Nayak, Advocate Mr. S.N. Bhat, Advocate. ASSISTANT REGISTRAR dkm
RITEM NO.74 REGISTRAR COURT. 1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWALPetition(s) for Special Leave to Appeal (C) No(s). 10609/2016B.M. AMRUTESH Petitioner(s) VERSUSTHE DEPOT MANGER, K.S.R.T.C. AND ORS. Respondent(s)Date : 21/09/2016 This petition was called on for hearing today.For Petitioner(s) Mr. Prakash Ranjan Nayak,Adv. For Respondent(s) Mr. S. N. Bhat,Adv. UPON hearing the counsel the Court made the following O R D E RThe Ld. Counsel for the petitioner to serve the copy ofpleadings upon the Ld. Counsel for all the respondents withinone week's time. Counter affidavit be filed within fourweeks thereafter.List again on 24.11.2016. (PAWAN DEV KOTWAL) Registrar
ITEM NO.83 REGISTRAR COURT. 1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWAL Petition(s) for Special Leave to Appeal (C) No(s). 10609/2016 B.M. AMRUTESH Petitioner(s) VERSUS THE DEPOT MANGER, K.S.R.T.C. AND ORS. Respondent(s) Date : 20/07/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Prakash Ranjan Nayak,Adv. For Respondent(s) Mr. S. N. Bhat,Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks' time is granted to all the respondents for filing counter affidavit. The Ld. Counsel for the petitioner to serve the copy of pleadings to the Ld. counsel for the respondents within one week. Period of four weeks shall reckon thereafter. List again on 21.9.2016. (PAWAN DEV KOTWAL) Registrar
: ITEM NO.83 REGISTRAR COURT. 1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWAL Petition(s) for Special Leave to Appeal (C) No(s). 10609/2016 B.M. AMRUTESH Petitioner(s) VERSUS THE DEPOT MANGER, K.S.R.T.C. AND ORS. Respondent(s) Date : 20/07/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Prakash Ranjan Nayak,Adv. For Respondent(s) Mr. S. N. Bhat,Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks' time is granted to all the respondents for filing counter affidavit. The Ld. Counsel for the petitioner to serve the copy of pleadings to the Ld. counsel for the respondents within one week. Period of four weeks shall reckon thereafter. List again on 21.9.2016. (PAWAN DEV KOTWAL) RegistrarSignature Not VerifiedDigitally signed byRASHI GUPTADate: 2016.07.2117:11:41 ISTReason:
ITEM NO.17 COURT NO.6 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)......CC No(s). 6559/2016 (Arising out of impugned final judgment and order dated 22/07/2015 in MFA No. 7451/2011 passed by the High Court of Karnataka at Bangalore) B.M. AMRUTESH Petitioner(s) VERSUS THE DEPOT MANGER, K.S.R.T.C. AND ORS. Respondent(s) (with appln. (s) for c/delay in filing SLP ) Date : 13/04/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Mr. C.B. Gururaj,Adv. Mr. Prakash Ranjan Nayak,Adv. Mr. K.P. Singh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. (NARENDRA PRASAD) (SHARDA KAPOOR) COURT MASTER COURT MASTER
ITEM NO.17 COURT NO.6 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C)......CC No(s). 6559/2016(Arising out of impugned final judgment and order dated 22/07/2015in MFA No. 7451/2011 passed by the High Court of Karnataka at Bangalore)B.M. AMRUTESH Petitioner(s) VERSUSTHE DEPOT MANGER, K.S.R.T.C. AND ORS. Respondent(s)(with appln. (s) for c/delay in filing SLP )Date : 13/04/2016 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE S.A. BOBDEFor Petitioner(s) Mr. C.B. Gururaj,Adv.Mr. Prakash Ranjan Nayak,Adv.Mr. K.P. Singh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RDelay condoned.Issue notice. (NARENDRA PRASAD) (SHARDA KAPOOR) COURT MASTER COURT MASTER