Karnataka High Court
The Divisional Controller vs D. Nagaraj on 13 February, 2026
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MFA NO.103451/2016 c/w
MFA NO.103452/2016, MFA NO.103453/2016,
MFA NO. 103454/2016, MFA NO.103455/2016
MFA NO.103456/2016
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 13TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO.103451 OF 2016 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.103452/2016
MISCELLANEOUS FIRST APPEAL NO.103453/2016
MISCELLANEOUS FIRST APPEAL NO.103454/2016
MISCELLANEOUS FIRST APPEAL NO.103455/2016
MISCELLANEOUS FIRST APPEAL NO.103456/2016
IN MFA NO 103451 OF 2016
BETWEEN
THE DIVISIONAL CONTROLLER,
HOSPET DIVISION,
SANDUR DEPOT IN BALLARI DISTRICT,
REPRESENTED BY CHIEF LAW OFFICER,
NEKRTC, CENTRAL OFFICE,
KALABURAGI-585102.
...APPELLANT
(BY SRI. S.C. BHUTI, ADVOCATE)
AND
1. K. AMBANNA S/O. VADDATTAPPA,
AGE: 42 YEARS, OCC: AGRICULTURIST,
R/O: YELUBENCHI VILLAGE IN BALLARI
TALUKA AND DISTRICT-583115.
2. LAKSHMANA
S/O. KARIYAPPA GALAKANAVAR,
AGE: 29 YEARS,
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MFA NO.103451/2016 c/w
MFA NO.103452/2016, MFA NO.103453/2016,
MFA NO. 103454/2016, MFA NO.103455/2016
MFA NO.103456/2016
DRIVER OF THE KSRTC BUS
BEARING REGN. NO:KA.35/F.85,
BADGE NO.957 OF SANDUR DEPOT
IN BALLARI DISTRICT,
R/O: KARADIGUDDA S.S. VILLAGE,
YENDIGERI POST, BADAMI TALUKA OF
BAGALKOTE DISTRICT-587201.
...RESPONDENTS
(BY SRI. J.M. ANILKUMAR, ADVOCATE FOR R1;
NOTICE TO R2 IS SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION UNDER SECTION 173(1) OF MOTOR VEHICLES ACT,
PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED
BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, AT BALLARI
M.V.C.NO.1376/2014 DATED 19.03.2016., IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MFA NO.103452/2016
BETWEEN:
THE DIVISIONAL CONTROLLER,
HOSPET DIVISION,
SANDUR DEPOT IN BALLARI DISTRICT,
REPRESENTED BY CHIEF LAW OFFICER,
NEKRTC, CENTRAL OFFICE,
KALABURAGI-585102.
...APPELLANT
(BY SRI. S.C. BHUTI, ADVOCATE)
AND:
1. HONNURSWAMY K. S/O LINGAPPA,
AGE: 52 YEARS, OCC: AGRICULTURIST,
R/O: YELUBENCHI VILLAGE IN
BALLARI TALUKA AND DISTRICT-583115.
2. LAKSHMANA
S/O. KARIYAPPA GALAKANAVAR,
AGE: 29 YEARS,
-3-
MFA NO.103451/2016 c/w
MFA NO.103452/2016, MFA NO.103453/2016,
MFA NO. 103454/2016, MFA NO.103455/2016
MFA NO.103456/2016
DRIVER OF THE KSRTC BUS
BEARING REGN. NO:KA.35/F.85,
BADGE NO.957 OF SANDUR DEPOT
IN BALLARI DISTRICT,
R/O: KARADIGUDDA S.S. VILLAGE,
YENDIGERI POST, BADAMI TALUKA OF
BAGALKOTE DISTRICT-587201.
...RESPONDENTS
(BY SRI. J.M. ANILKUMAR, ADVOCATE FOR R1;
NOTICE TO R2 IS SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION UNDER SECTION 173(1) OF MOTOR VEHICLES ACT,
PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED
BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, AT BALLARI
M.V.C.NO.1377/2014 DATED 19.03.2016., IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MFA NO.103453/2016
BETWEEN:
THE DIVISIONAL CONTROLLER,
HOSPET DIVISION,
SANDUR DEPOT IN BALLARI DISTRICT,
REPRESENTED BY CHIEF LAW OFFICER,
NEKRTC, CENTRAL OFFICE,
KALABURAGI-585102.
...APPELLANT
(BY SRI. S.C. BHUTI, ADVOCATE)
AND
1. THIPPESWAMY K. S/O. DODDANNA,
AGE: 47 YEARS, OCC: AGRICULTURIST,
R/O: YELUBENCHI VILLAGE IN
BALLARI TALUKA & DISTRICT-583115.
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MFA NO.103451/2016 c/w
MFA NO.103452/2016, MFA NO.103453/2016,
MFA NO. 103454/2016, MFA NO.103455/2016
MFA NO.103456/2016
2. LAKSHMANA
S/O. KARIYAPPA GALAKANAVAR,
AGE: 29 YEARS,
DRIVER OF THE KSRTC BUS
BEARING REGN. NO:KA.35/F.85,
BADGE NO.957 OF SANDUR DEPOT
IN BALLARI DISTRICT,
R/O: KARADIGUDDA S.S. VILLAGE,
YENDIGERI POST, BADAMI TALUKA OF
BAGALKOTE DISTRICT-587201.
...RESPONDENTS
(BY SRI. J.M. ANILKUMAR, ADVOCATE FOR R1;
NOTICE TO R2 IS SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION UNDER SECTION 173(1) OF MOTOR VEHICLES ACT,
PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED
BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, AT BALLARI
M.V.C.NO.1378/2014 DATED 19.03.2016., IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MFA NO.103454/2016
BETWEEN
THE DIVISIONAL CONTROLLER,
HOSPET DIVISION,
SANDUR DEPOT IN BALLARI DISTRICT,
REPRESENTED BY CHIEF LAW OFFICER,
NEKRTC, CENTRAL OFFICE,
KALABURAGI-585102.
...APPELLANT
(BY SRI. S.C. BHUTI, ADVOCATE)
AND
1. VEERESHAPPA K.
S/O. SIDDAPPA,
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MFA NO.103451/2016 c/w
MFA NO.103452/2016, MFA NO.103453/2016,
MFA NO. 103454/2016, MFA NO.103455/2016
MFA NO.103456/2016
AGE: 50 YEARS, AGRICULTURIST,
R/O: YELUBENCHI VILLAGE IN
BALLARI TALUKA AND DISTRICT-583115.
2. LAKSHMANA
S/O. KARIYAPPA GALAKANAVAR,
AGE: 29 YEARS,
DRIVER OF THE KSRTC BUS
BEARING REGN. NO:KA.35/F.85,
BADGE NO.957 OF SANDUR DEPOT
IN BALLARI DISTRICT,
R/O: KARADIGUDDA S.S. VILLAGE,
YENDIGERI POST, BADAMI TALUKA OF
BAGALKOTE DISTRICT-587201.
...RESPONDENTS
(BY SRI. J.M. ANILKUMAR, ADVOCATE FOR R1;
NOTICE TO R2 IS SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION UNDER SECTION 173(1) OF MOTOR VEHICLES ACT,
PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED
BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, AT BALLARI
M.V.C.NO.1379/2014 DATED 19.03.2016., IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MFANO.103455/2016
BETWEEN
THE DIVISIONAL CONTROLLER,
HOSPET DIVISION,
SANDUR DEPOT IN BALLARI DISTRICT,
REPRESENTED BY CHIEF LAW OFFICER,
NEKRTC, CENTRAL OFFICE,
KALABURAGI-585102.
...APPELLANT
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MFA NO.103451/2016 c/w
MFA NO.103452/2016, MFA NO.103453/2016,
MFA NO. 103454/2016, MFA NO.103455/2016
MFA NO.103456/2016
(BY SRI. S.C. BHUTI, ADVOCATE)
AND
1. D. NAGARAJ
S/O. GURUMURTHY,
AGE: 47 YEARS,
OCC: FERTILIZER BUSINESS,
PROP: SREERAMA TRADERS,
R/O: YELUBENCHI VILLAGE IN
BALLARI TALUKA AND DISTRICT-583115.
2. LAKSHMANA
S/O. KARIYAPPA GALAKANAVAR,
AGE: 29 YEARS,
DRIVER OF THE KSRTC BUS
BEARING REGN. NO:KA.35/F.85,
BADGE NO.957 OF SANDUR DEPOT
IN BALLARI DISTRICT,
R/O: KARADIGUDDA S.S. VILLAGE,
YENDIGERI POST, BADAMI TALUKA OF
BAGALKOTE DISTRICT-587201.
...RESPONDENTS
(BY SRI. J.M. ANILKUMAR, ADVOCATE FOR R1;
NOTICE TO R2 IS SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION UNDER SECTION 173(1) OF MOTOR VEHICLES ACT,
PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED
BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, AT BALLARI
M.V.C.NO.1380/2014 DATED 19.03.2016., IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MFA NO.103456/2016
BETWEEN
THE DIVISIONAL CONTROLLER,
HOSPET DIVISION,
-7-
MFA NO.103451/2016 c/w
MFA NO.103452/2016, MFA NO.103453/2016,
MFA NO. 103454/2016, MFA NO.103455/2016
MFA NO.103456/2016
SANDUR DEPOT IN BALLARI DISTRICT,
REPRESENTED BY CHIEF LAW OFFICER,
NEKRTC, CENTRAL OFFICE,
KALABURAGI-585102.
...APPELLANT
(BY SRI. S.C. BHUTI, ADVOCATE)
AND
1. N.MUDUKAPPA
S/O. PAKKIRAPPA,
AGE: 47 YEARS,
OCC: AGRICULTURIST,
R/O: THIMMALAPURA VILLAGE,
KUDITHINI POST,
BALLARI TALUKA AND DISTRICT-583115.
2. LAKSHMANA
S/O. KARIYAPPA GALAKANAVAR,
AGE: 29 YEARS,
DRIVER OF THE KSRTC BUS
BEARING REGN. NO:KA.35/F.85,
BADGE NO.957 OF SANDUR DEPOT
IN BALLARI DISTRICT,
R/O: KARADIGUDDA S.S. VILLAGE,
YENDIGERI POST, BADAMI TALUKA OF
BAGALKOTE DISTRICT-587201.
...RESPONDENTS
(BY SRI. J.M. ANILKUMAR, ADVOCATE FOR R1;
NOTICE TO R2 IS SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION UNDER SECTION 173(1) OF MOTOR VEHICLES ACT,
PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED
BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, AT BALLARI
M.V.C.NO.1381/2014 DATED 19.03.2016., IN THE INTEREST OF
JUSTICE AND EQUITY.
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MFA NO.103451/2016 c/w
MFA NO.103452/2016, MFA NO.103453/2016,
MFA NO. 103454/2016, MFA NO.103455/2016
MFA NO.103456/2016
THESE APPEALS HAVING BEEN HEARD AND RESERVED
FOR JUDGMENT ON 30.01.2026 AND COMING ON FOR
PRONOUNCEMENT OF JUDGMENT THIS DAY, DELIVERED THE
FOLLOWING:
CAV JUDGMENT
(PER: THE HON'BLE MRS JUSTICE GEETHA K.B.) These are the appeals filed by the Insurer under Section 173(1) of Motor Vehicles Act, 1988 (for short 'M.V. Act') challenging the common judgment and award dated 19.03.2016 passed in MVC No.1376/2014 to MVC No.1381/2014 on the file of M.A.C.T.-XII, Ballari, (for short, 'the Tribunal').
2. Parties would be referred with their ranks as they were before Tribunal for the sake of convenience and clarity.
3. The case of claimants before the Tribunal in nutshell is that claimants sustained injuries in the road traffic accident that had taken place on 26.06.2013 at 04.00 p.m. near Jindal Truck Point on Sandur-Toranagallu road in Vidyanagar of Sandur Taluka involving Tata Sumo bearing -9- MFA NO.103451/2016 c/w MFA NO.103452/2016, MFA NO.103453/2016, MFA NO. 103454/2016, MFA NO.103455/2016 MFA NO.103456/2016 Reg.No.KA-34/N-1533 and KSRTC bus bearing Reg.No.KA- 35/F-85. Hence, they filed claim petitions seeking compensation.
4. After service of notice of the claim petitions, respondent No.2 has filed the written statement, wherein it contended that the claim petitions are not maintainable in law. It denied the accident that happened due to rash and negligent driving of driver of KSRTC bus and contended that the accident happened only due to rash and negligent act of driver of the Tata Sumo Vehicle. Hence, prayed for dismissal of all the claim petitions with costs.
5. On behalf of claimants, 9 witnesses were examined as P.W.1 to P.W.9, got marked Exs.P.1 to P.33 and closed their side. On behalf of respondent No.2, one witness is examined as R.W.1, got marked Exs.R.1 to R.6 and closed their side before the Tribunal.
6. After recording evidence of both sides and hearing arguments of both sides, the Tribunal came to the
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MFA NO.103451/2016 c/w MFA NO.103452/2016, MFA NO.103453/2016, MFA NO. 103454/2016, MFA NO.103455/2016 MFA NO.103456/2016 conclusion that claimant in MVC No.1376/2014 is entitled for global compensation of ₹.12,000/-; claimant in MVC No.1377/2014 is entitled for global compensation of ₹.50,000/-; claimant in MVC No.1378/2014 is entitled for compensation of ₹.1,40,000/-; claimant in MVC No.1379/2014 is entitled for compensation of ₹.12,000/-; claimant in MVC No.1380/2014 is entitled for compensation of ₹.1,20,000/-; and claimant in MVC No.1381/2014 is entitled for compensation of ₹.1,50,000/- with future interest at 7% per annum from the date of petition till the date of deposit.
7. Aggrieved by the said judgment and award, the respondent-Insurer has preferred the present appeals.
8. Heard arguments of both sides.
9. Learned counsel for appellant, Sri S.C. Bhuti would submit that only for one single injury, the Tribunal has awarded ₹.12,000/- global compensation in two of the claim petitions and for simple grievous injuries, it awarded
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MFA NO.103451/2016 c/w MFA NO.103452/2016, MFA NO.103453/2016, MFA NO. 103454/2016, MFA NO.103455/2016 MFA NO.103456/2016 the compensation, which is on higher side and charging interest at 7% per annum is also on higher side. Hence, he prayed for modification of the judgment and award and to reduce the rate of interest to 6% per annum.
10. Learned counsel for respondent No.1, Sri J.M.Anilkumar would submit that the compensation awarded by the Tribunal is very meager. In one of the claim petitions i.e., in MVC No.1381/2014, even though the claimant has sustained 4 grievous injuries, the Tribunal has awarded only ₹.1,50,000/-, which is on lower side. Hence, prayed for dismissal of all the appeals.
11. Having heard the arguments of both sides and verifying the appeal papers along with trial court records, the points that arise for consideration are:
1. Whether the rate of interest awarded by the Tribunal at 7% is on higher side?
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MFA NO.103451/2016 c/w MFA NO.103452/2016, MFA NO.103453/2016, MFA NO. 103454/2016, MFA NO.103455/2016 MFA NO.103456/2016
2. Whether the compensation awarded by the Tribunal is on higher side?
12. Finding of this Court on Point No.1 is in Affirmative and Point No.2 is in negative for the following reasons:
13. On perusal of records, it is seen that the Tribunal has awarded global compensation of ₹.12,000/- for simple injury sustained by the claimant in MVC No.1376/2014 and MVC No.1379/2014. This compensation of ₹.12,000/- is justifiable and it is not on higher side.
14. As far as in MVC No.1377/2014 is concerned the claimant has sustained a simple injury and a grievous injury and hence awarding total compensation of ₹.50,000/- including all the heads i.e., pain and sufferings, medical expenses, loss of future amenities is not on higher side and it is justifiable.
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MFA NO.103451/2016 c/w MFA NO.103452/2016, MFA NO.103453/2016, MFA NO. 103454/2016, MFA NO.103455/2016 MFA NO.103456/2016
15. In MVC 1378/2014, the claimant had sustained 3 injuries out of which 2 were grievous in nature and thus the Tribunal has awarded compensation of ₹.30,000/- towards pain and sufferings, ₹.60,000/- towards medical expenses including attendant charges and ₹.50,000/- towards loss of future earning capacity because the doctor has assessed partial permanent disability of 10%. Even though the claimant has produced medical bills only for a sum of ₹.47,828/-, the Tribunal has awarded ₹.60,000/- under this head because it includes even the loss of attendant charges and hence it is also not on higher side. As far as granting ₹.50,000/- towards future earning capacity is also not on higher side because the claimant was aged 45 years working as agriculturist and considering all these facts, rightly the Tribunal has awarded total compensation of ₹.1,40,000/-, which needs no interference.
16. In MVC No.1380/2014, the total compensation awarded is only ₹.1,20,000/-. The claimant has sustained one grievous injury. Hence, it also needs no interference. In
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MFA NO.103451/2016 c/w MFA NO.103452/2016, MFA NO.103453/2016, MFA NO. 103454/2016, MFA NO.103455/2016 MFA NO.103456/2016 MVC No.1381/2014, even though claimant has sustained four grievous injuries i.e., fractures, the Tribunal has awarded total compensation of ₹.1,50,000 which is on lower side. But there is no cross-objection or cross appeal by the claimant. Hence, that also need not be altered.
17. As far as granting interest at 7% by the Tribunal is concerned, it is on higher side. In this regard, already the Division Bench of this Court in MFA No.102268/2016 connected with MFA No.102487/2016 has reduced the rate of interest from 7% to 6% in respect of the same accident. Under these circumstances, the rate of interest awarded by the Tribunal at 7% is to be reduced to 6%.
18. Already in the aforesaid appeals, the Division Bench has held that the Tribunal is justified in saddling the entire liability on KSRTC. Considering all these facts, this Court opines that granting compensation by the Tribunal is justifiable but granting rate of interest at 7% is on higher
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MFA NO.103451/2016 c/w MFA NO.103452/2016, MFA NO.103453/2016, MFA NO. 103454/2016, MFA NO.103455/2016 MFA NO.103456/2016 side and thus it is to be reduced to 6% per annum in all the cases.
19. Hence, this Court proceeds to pass the following:
ORDER
1. All the appeals are allowed in part.
2. The impugned judgment and award dated 19.03.2016 passed in MVC No.1376/2014 to MVC No.1381/2014 on the file of M.A.C.T.-XII, Ballari is modified in respect of rate of interest;
rate of interest is awarded at 6% per annum instead of 7% per annum awarded by the Tribunal.
3. The appellant-Insurer shall deposit the compensation with interest before the Tribunal within 6 weeks from the date of receipt of certified copy of this judgment.
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MFA NO.103451/2016 c/w MFA NO.103452/2016, MFA NO.103453/2016, MFA NO. 103454/2016, MFA NO.103455/2016 MFA NO.103456/2016
4. The amount in deposit, if any, be transmitted to the concerned Tribunal forthwith along with original records.
5. Draw modified award accordingly.
Sd/-
(GEETHA K.B.) JUDGE SH CT-MCK