Karnataka HC rejects London court order directing KSRTC to compensate British couple for accident

Karnataka High Court has refused to carry out an order issued by a court in London seeking to direct the Karnataka State Road Transport Corporation to compensate a British couple over an accident. Justice HP Sandesh observed that the order passed by the British court did not simply adhere to the principles of natural justice. 

The order issued was simply based on the submissions of petitioners, stated the high court. Therefore, the HC said that it cannot enforce the orders enforced by the London court as they are inconclusive.

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What’s the case?

The British couple Nigel Roderic Hardin and Carol Haradin were hit by a KSRTC bus in Karnataka while they were travelling in their car. They had appealed to a court in Britain demanding compensation. The court ruled in their favour stating that the KSRTC should compensate the couple. 

They filed an execution petition over KSRTC for non-payment of compensation, in India. Therefore KSRTC appealed against them under Section 47 of CPC, which it stated that the decree is not executable according to the law. Their attempts were not fruitful and KSRTC approached the High Court regarding the matter.

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The High Court observed the orders and stated that the trial court records, and found that the copy submitted before the trial court was not certified. Only a Xerox was produced. Also, HC said that the claim was only considered on merits, by London court; it had not considered the objections of the accused. 

Therefore, the order issued by the London court is unenforceable, and the court does not carry it forward. It has refused to consider the order and ruled in favour of KSRTC.

• Karnataka
• Bengaluru
• High Court
• London