Karnataka High Court

The Divisional Controller vs Nitin @ Mitun S/O Gopal Chavan on 20 June, 2025

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

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                                                   MFA No. 202466 of 2022
                                               C/W MFA No. 202750 of 2023

                   HC-KAR




                               IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                            DATED THIS THE 20TH DAY OF JUNE, 2025

                                          PRESENT
                       THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
                                             AND
                            THE HON'BLE MRS. JUSTICE K S HEMALEKHA
                      MISCL. FIRST APPEAL NO.202466 OF 2022 (MV-I)
                                            C/W
                      MISCL. FIRST APPEAL NO.202750 OF 2023 (MV-I)



                   IN MISCL. FIRST APPEAL NO.202466 OF 2022
                   BETWEEN:

                   THE DIVISIONAL CONTROLLER,
                   KSRTC, DIVISIONAL OFFICE,
Digitally signed
by                 VIJAYAPURA DIVISION,
BASALINGAPPA       VIJAYAPURA.
SHIVARAJ
DHUTTARGAON        (NOW REPRESENTED BY CHIEF LAW
Location: HIGH
COURT OF           OFFICER, CENTRAL OFFICE, KALABURAGI)
KARNATAKA

                                                               ...APPELLANT
                   (BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
                   AND:
                   NITIN @ MITUN S/O GOPAL CHAVAN,
                   AGE: 17 YEARS,
                   OCC: STUDENT,
                   SINCE MINOR R/BY HIS MOTHER
                   ANITA W/O GOPAL CHAVAN,
                   AGE: 37 YEARS, OCC: H.H. WORK,
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                                  MFA No. 202466 of 2022
                              C/W MFA No. 202750 of 2023

HC-KAR



R/O: SOMADEVAR HATTI,
L.T. NO.1, VIJAYAPURA - 586 101.
                                         ...RESPONDENT

(BY SRI. BAPUGOUDA SIDDAPPA, ADVOCATE)


       THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICHLES ACT, 1988
PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND
AWARD DATED:03.02.2022 IN MVC.NO.553/2019 PASSED BY
THE IVTH ADDL. SENIOR CIVIL JUDGE AND M.A.C.T - XV,
VIJAYAPURA, IN THE INTEREST OF JUSTICE AND EQUITY.

IN MISCL. FIRST APPEAL NO.202750/2023

BETWEEN:

NITIN @ MITUN S/O GOPAL CHAVAN,
AGE:18 YEARS, OCC: STUDENT,
R/O: SOMADEVAR HATTI L.T.NO.1,
TQ & DIST: VIJAYAPURA - 586 104.

                                             ...APPELLANT
(BY SRI. BAPUGOUDA SIDDAPPA, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
DIVISIONAL OFFICE N.E.K.R.T.C.,
VIJAYAPURA DIVISION ATHANI ROAD,
VIJAYAPURA - 586 101.
                                         ...RESPONDENT

(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)


       THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICHLES ACT, 1988
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                                    NC: 2025:KHC-K:3269-DB
                                  MFA No. 202466 of 2022
                              C/W MFA No. 202750 of 2023

HC-KAR



PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD
DATED:03.02.2022 PASSED IN MVC.NO.553/2019 ON THE FILE
OF THE COURT OF THE IV ADDITIONAL SENIOR CIVIL JUDGE
AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XV,
VIJAYAPURA AT VIJAYAPURA AND ALLOW THIS APPEAL BY
ENHANCING THE COMPENSATION AMOUNT OF RS.44,17,500/-
ONLY AS CLAIMED BY THE APPELLANT BEFORE THIS HON'BLE
COURT, IN THE INTEREST OF JUSTICE AND EQUITY.

     THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
          AND
          HON'BLE MRS. JUSTICE K S HEMALEKHA


                    ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)

These appeals are taken up for final disposal with the

consent of both the learned counsels.

2. Both the appeals arise out of the judgment and

award dated 03.02.2022 passed by the IV Additional

Senior Civil Judge and Member, MACT - XV, Vijayapura, in

MVC.No.553/2019.

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3. Heard both sides and perused the material on

record.

Brief facts:

4. On 06.10.2018, at about 3.00 p.m., on Tikota-

Jath road near Somadevara Hatti, when deceased Gopal

Chavan was proceeding on his motorcycle No.KA-37/U-

9643 along with his minor son - Nitin, a KSRTC bus

No.KA-28/F-1967 came from opposite side and hit against

the motorcycle. Due to the said accident, both the rider

and pillion rider sustained grievous injuries and Gopal

Chavan, the rider of the motorcycle succumbed to injuries

on 07.10.2018, while undergoing treatment in the

hospital.

5. MVC.No.553/2019 was filed by the injured -

Nitin claiming compensation of Rs.54,25,000/-, for the

injuries sustained by him. The Tribunal vide judgment and

award noted supra, awarded a total compensation of

Rs.10,07,500/- with interest at 6% per annum from the

date of the order till realization.

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6. The learned counsel appearing for the

appellant/Corporation in MFA.No.202466/2022 would

contend that, the accident was on account of the rider of

the motorcycle and therefore, the Tribunal was not proper

in holding that the driver of the KSRTC bus has

contributed in the accident to the extent of 50%. She

contended that the Tribunal having noticed, B-charge

sheet was filed against the driver of the bus, ought not to

have fixed the liability to pay the compensation on the

appellant.

7. The learned counsel would further contend that

the injured has not spent a sum of Rs.9,82,500/- towards

medical expenses as claimed by him, on the other hand,

as per the letter issued by Vasudev Hospitals and IP final

bill dated 19.04.2022 in respect of medical expenses

incurred, only a sum of Rs.2,77,931/- was spent by him.

She has therefore contended that, the Tribunal without

properly considering the said medical bills has awarded

higher compensation.

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8. The learned counsel has filed I.A.No.2/2025 in

MFA.No.202466/2022 for production of additional

documents i.e., the letter dated 19.04.2022 of Vasudev

Hospitals along with IP final bill and the letter dated

19.04.2022 issued by the Divisional Security Officer,

KKRTC, Vijayapura Division, addressed to the Divisional

Controller (Law), KKRTC, Vijayapura Division, Vijayapura.

9. Per contra, the learned counsel appearing for

the claimant, namely the appellant in

MFA.No.202750/2023 would contend that, due to the

accidental injuries, the claimant / injured has suffered

permanent physical disability which has affected his

earning capacity. The Tribunal after considering the

discharge card, medical bills etc., has rightly come to the

conclusion that he is entitled for a sum of Rs.9,82,500/-

towards medical bills. He further contended that a global

compensation of Rs.10,07,500/- awarded by the Tribunal

is not commensurate with the injuries sustained by the

claimant, since the Tribunal has not taken into

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consideration the permanent physical disability suffered by

him, which has affected his earning capacity. He

contended, the Tribunal failed to appreciate that the

appellant sustained head injury with Diffuse Axonal Injury

- Grade 4 with Blunt Trauma Chest and therefore, failed to

award any compensation under the heads - loss of earning

capacity, pain and sufferings etc.

10. The learned counsel appearing for the claimant

has filed I.A.No.1/2025 in MFA.No.202750/2023 seeking a

direction for assessment of disability suffered by the

injured, by conducting his examination by the medical

board, GIMS Hospital, Kalaburagi.

11. The learned counsel appearing for the KSRTC

has vehemently opposed the prayer of the claimant,

contending that at this stage such a prayer cannot be

entertained.

12. According to the learned counsel for the

Corporation, the rider of the motorcycle was wholly

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responsible for the accident in question and therefore, the

Tribunal was not proper in fixing the liability on the

Corporation to the extent of 50%. It is relevant to

mention here that, challenging the quantum of

compensation and the liability fixed, the claimants in

MVC.No.243/2019 preferred an appeal before this Court in

MFA.No.204168/2023 and the KSRTC also filed an appeal

in MFA.No.202467/2022. This Court by a common

judgment dated 12.03.2025 disposed of both the appeals,

wherein the liability was fixed to the extent of 70% on the

driver of the KSRTC bus and 30% on the rider of the

motorcycle.

13. Be that as it may, the claimant in the present

case was a pillion rider in the motorcycle, therefore, the

contention of the learned counsel for the Corporation that

accident was not due to the fault of the driver of the bus

and the liability fixed on the Corporation was not proper,

etc., cannot be accepted. The Tribunal, relying on a

judgment of the Hon'ble Apex Court in

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Khenyei vs. New India Assurance Co. Ltd., and

others reported in (2015) 3 ACJ 1441, wherein it is held

that in a case of composite negligence, claimant is entitled

to sue both or any one of the joint tort feasors, rightly

held that, he can at his option, recover whole damages

from any of them.

14. According to the learned counsel for the

injured/claimant, due to the accidental injuries, the injured

suffered permanent physical disability which has affected

his earning capacity. However, no doctor was examined to

show that the injured has suffered permanent disability.

Similarly, it is the contention of the learned counsel

appearing for the Corporation that the injured has not

spent Rs.9,82,500/- towards medical expenses. We find

that the additional documents now sought to be produced

by the Corporation, were not produced before the

Tribunal.

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15. In view of the above, we deem it appropriate

that a reasonable opportunity may be given to both the

parties to adduce additional evidence in respect of their

claims and therefore, we are of the view that it is a fit case

where the matter has to be remanded to the Tribunal for

fresh consideration.

16. Accordingly, we pass the following:

ORDER

i. The judgment and award dated 03.02.2022 passed by the IV Additional Senior Civil Judge and Member, MACT - XV, Vijayapura, in MVC No.553/2019 is set aside.

ii. Both the parties shall appear before the Tribunal on 18.07.2025, without further notice.

iii. The Tribunal shall permit both the parties to lead additional evidence and pass appropriate order in accordance with law.

iv. The amount deposited by the Corporation before this Court shall be remitted back to the Tribunal.

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v. The amount if any, deposited by the Corporation before the Tribunal shall be kept in a fixed deposit in any Nationalized bank and shall be subject to the order passed by the Tribunal.

vi. The trial Court records and the additional documents furnished along with the applications filed in both the appeals shall be transmitted to the Tribunal, for necessary consideration.