Karnataka High Court
Durgappa Govindappa Madar vs The Managing Director Nwkrtc on 8 October, 2025
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NC: 2025:KHC-D:13638
MFA No. 100946 of 2015
C/W MFA.CROB No. 100129 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 8TH DAY OF OCTOBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 100946 OF 2015 (MV-I)
C/W
MFA CROSS OBJ NO. 100129 OF 2015
IN MFA NO. 100946/2015 (MV-I)
BETWEEN:
1. THE MANAGING DIRECTOR,
NWKRTC, GOKUL ROAD,
HUBBALLI, DIST: DHARWAD,
THROUGH THE DIVISIONAL CONTROLLER,
DHARWAD DIVISION, DHARWAD,
REPRESENTED BY CHIEF LAW OFFICER,
(OWNER OF KSRTC BUS
GIRIJA A. NO.KA-25/F-2234)
BYAHATTI
Digitally signed by
GIRIJA A. BYAHATTI 2. THE MANAGING DIRECTOR NWKRTC
Location: HIGHCOURT
OF KARNATAKA
DHARWAD BENCH
DHARWAD
INTERNAL INSURANCE FUND,
GOKUL ROAD,
HUBBALLI, DIST: DHARWAD,
THROUGH THE DIVISIONAL CONTROLLER,
DHARWAD DIVISION, DHARWAD,
REPRESENTED BY CHIEF LAW OFFICER,
(OWNER OF KSRTC BUS
NO.KA-25/F-2234).
...APPELLANTS
(BY SRI. S.C. BHUTI, ADVOCATE)
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NC: 2025:KHC-D:13638
MFA No. 100946 of 2015
C/W MFA.CROB No. 100129 of 2015
HC-KAR
AND:
DURGAPPA GOVINDAPP MADAR,
AGE: 59 YEARS,
OCC: AGRICULTURE,
R/O: HARALAKATTI,
TQ: SAUNDATTI,
DIST: BELAGAVI.
...RESPONDENT
(BY SMT. SHAILA BELLIKATTI, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO ALLOW THIS APPEAL BY
SUMMONING THE LOWER COURT RECORDS WITH AWARD AND
JUDGMENT PASSED IN MVC NO.122/2014 ON THE FILE OF THE
SENIOR CIVIL JUDGE SAUNDATTI, AT SAUNDATTI. EXAMINE
THE SAME AND SET ASIDE THE ORDER DATED 22.12.2014 IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA CROB NO. 100129/2015 (MV-I)
BETWEEN:
DURGAPPA GOVINDAPPA MADAR,
AGE: 59 YEARS,
OCC: AGRICULTURE,
R/O. HARALAKATTI,
TQ: SAUNDATTI,
DIST: BELAGAVI.
...CROSS OBJECTOR
(BY SMT. SHAILA BELLIKATTI, ADVOCATE)
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NC: 2025:KHC-D:13638
MFA No. 100946 of 2015
C/W MFA.CROB No. 100129 of 2015
HC-KAR
AND:
1. THE MANAGING DIRECTOR NWKRTC,
GOKUL ROAD, HUBLI,
DISTRICT DHARWAD,
THROUGH THE DIVISIONAL CONTROLLER,
DHARWAD DIVISION, DHARWAD.
2. THE MANAGING DIRECTOR NWKRTC
INTERNAL INSURANCE FUND,
GOKUL ROAD, HUBLI,
DIST: DHARWAD,
THROUGH THE DIVISIONAL CONTROLLER,
DHARWAD DIVISION DHARWAD.
...RESPONDENTS
(BY SRI. S.C. BHUTI, ADVOCATE)
THIS MFA CROB. IS FILED UNDER ORDER XLI RULE 22 OF
CIVIL PROCEDURE CODE PRAYING TO ALLOW THE CROSS
APPEAL AND MODIFY THE JUDGMENT AND AWARD BY
ENHANCING COMPENSATION IN MVC NO.122/2014 DATED 22-
12-2014 ON THE FILE OF SENIOR CIVIL JUDGE SAUNDATTI
UNDER ALL PERMISSIBLE HEADS.
THIS MFA AND MFA CROB., COMING ON FOR ADMISSION
THIS DAY JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:13638
MFA No. 100946 of 2015
C/W MFA.CROB No. 100129 of 2015
HC-KAR
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
1. Heard Sri S.C. Bhuti, learned counsel for the
appellants in MFA No.100946/2015, who is also
appearing for the respondents in connected MFA
Crob.No.100129/2015, as well as Ms. Shaila Bellikatti,
learned counsel for the respondent in MFA
No.100946/2015, who is representing the appellant/
cross-objector in MFA Crob.No.100129/2015.
2. These two appeals are the outcome of the award
passed by the Motor Accidents Claims Tribunal,
Saundatti, in MVC No.122/2014 dated 22.12.2014.
3. While the respondents to the said Motor Vehicle's case
filed an appeal projecting that the compensation
granted is exorbitant, the claimant filed cross-
objection appeal seeking enhancement of
compensation.
NC: 2025:KHC-D:13638
C/W MFA.CROB No. 100129 of 2015
HC-KAR
4. Sri S. C. Bhuti, learned counsel representing the Road
Transport Corporation, contends that the she-buffalo
of the claimant died in a road traffic accident that
occurred in the year 2012. The claimant filed a
petition seeking compensation of ₹2,10,000. The
Tribunal awarded a sum of ₹75,000 in total as
compensation. Learned counsel submits that, as per
the post-mortem report, the value of the deceased
she-buffalo is ₹34,000 only. But the Tribunal awarded
a sum of ₹50,000 towards the cost of the said buffalo.
Learned counsel states that, though there is no
evidence with regard to the amount that was incurred
by the claimant for disposal of the corpse, the Tribunal
awarded a sum of ₹10,000 for disposal. Likewise,
though no proof is produced with regard to loss of
earnings, the Tribunal awarded a sum of ₹15,000
towards loss of earnings, which is highly improper.
5. On the other hand, the submission that is made by the
learned counsel for the claimant is that, the she-
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C/W MFA.CROB No. 100129 of 2015
HC-KAR
buffalo was giving more than a litre of milk every day
and the claimant was eking out his livelihood by
selling that milk. The deceased she-buffalo was aged
only five and a half years by the date of it's death, and
had the she-buffalo been alive, the claimant would
have earned a substantial amount by vending milk,
and thus, the compensation granted is on lower side.
6. As rightly projected, even if on average the milk that
was being produced by the she-buffalo is taken as one
litre per day, and on average if it is taken that the said
one litre of milk was sold at the rate of ₹30, the
claimant would be earning ₹900/- per month and
₹10,800/- per annum.
7. That apart, the she-buffalo which died in the road
traffic accident, that occurred while it was aged 5 ½
years, would have given birth to at least 2 or 3 calves
had the same remained alive. Therefore, the claimant
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C/W MFA.CROB No. 100129 of 2015
HC-KAR
would have got the benefit of rearing those calves and
increasing the productivity and thereby the earnings.
8. Therefore, this Court is of the view that the
compensation that is granted in toto, that is ₹75,000,
is not exorbitant. Also, in the light of the absence of
any substantive proof with regard to the actual
earnings, the expenditure that was incurred by the
claimant for maintaining the she-buffalo, etc., this
Court is of the view that the compensation granted
cannot be further enhanced.
9. Thus, ultimately, this Court holds that both the
appeals lack merits.
10. Resultantly, both the appeals stand dismissed.
11. Amount, if any, in deposit, be transmitted to the
concerned Tribunal immediately.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
gab/CT-MCK
