Karnataka High Court Says London Court's Order Directing KSRTC To Compensate British Couple For Accident Not On Merits, Not Executable
1 year, 4 months ago

Karnataka High Court Says London Court's Order Directing KSRTC To Compensate British Couple For Accident Not On Merits, Not Executable

Live Law  

The Karnataka High Court has allowed an application filed by the Karnataka State Road Transport Corporation under Section 47 of Code of Civil Procedure, and held that a decree issued by a court in the United Kingdom, directing compensation be paid to a British couple who suffered injuries when they met with an accident in 2002, while travelling in a car which was hit by a KSRTC bus, is not executable in law as the same is not on merits. A single judge bench of Justice HP Sandesh said, “The judgment of the foreign Court is not executable since the same is not on merits and it suffers from its legality and correctness and hence, the revision petition requires to be allowed.” The claimants submitted that on 18.03.2002 they were travelling in a car from Mysuru when a KSRTC bus coming from the opposite direction collided. The Trial Court while invoking Section 44A comes to the conclusion that the same can be enforced in India for the purpose of Section 44A but fails to take note of the fact that the judgment of the foreign Court is not on merits.” It added “No doubt, admittedly, notice was given and the same was served through an advocate and revision petitioner also claims that they sent the reply and the same is not forthcoming in the order of the foreign Court and nothing is discussed in the order even for the objection which has been raised and the same is not on merits as held by this Court.” Accordingly it allowed the appeal. Case Title: Karnataka State Road Transport Corporation And Nigel Roderick Lloyd Harradine Case No: CIVIL REVISION PETITION NO.453/2017 Citation: 2023 LiveLaw 279 Date of Order: 14-07-2023 Appearance: Advocate P.D.

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