Karnataka High Court
The Divisional Manager vs Shri.Basanagouda S/O Subhasgouda ... on 23 September, 2025
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NC: 2025:KHC-D:12994
MFA No. 103451 of 2015
C/W MFA No. 103455 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 23RD DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
MISCELLANEOUS FIRST APPEAL NO. 103451 OF 2015 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 103455 OF 2015 (MV-I)
IN MFA No. 103451/2015
BETWEEN:
THE DIVISIONAL MANAGER
KSRTC RAMNAGAR DIVISION
RAMNAGAR & MDNWKRTC
HAVERI DIVISION ( NOW THE OWNER
AND SELF INSURER OF NWKRTC
BUS NO.KA-42/F-427) REP BY M D,
NWKRTC, CENTRAL OFFICE,
GOKUL ROAD, HUBBALLI.
...APPELLANT
(BY SRI. MADANMOHAN M. KHANNUR, ADV)
AND:
SHRI. BASANAGOUDA
MOHANKUMAR
B SHELAR
S/O SUBHASGOUDA PATIL
AGE: 19 YEARS, OCC: STUDENT &
AGRICULTURE, R/O: KOTIHAL VILLAGE,
TQ: RANEBENNUR, NOW AT
NEHARUNAGAR, BYADGI.
Location:
HIGH ...RESPONDENT
COURT OF (BY SRI. C.M. HOSAMANI, ADV)
KARNATAKA
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED:04.03.2015, PASSED IN MVC
NO.38/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MEMBER, ADDL. MACT, ITINERARY COURT AT BYADGI, AWARDING
COMPENSATION OF Rs.1,19,330/- WITH INTEREST AT THE RATE OF
6% P.A FROM THE DATE OF PETITION TILL THE REALISATION.
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NC: 2025:KHC-D:12994
MFA No. 103451 of 2015
C/W MFA No. 103455 of 2015
HC-KAR
IN MFA NO. 103455/2015
BETWEEN:
THE DIVISIONAL MANAGER
KSRTC RAMNAGAR DIVISION
RAMNAGAR & MDNWKRTC
HAVERI DIVISION ( NOW THE OWNER
AND SELF INSURER OF NWKRTC
BUS NO.KA-42/F-427) REP BY M D,
NWKRTC, CENTRAL OFFICE,
GOKUL ROAD, HUBBALLI.
...APPELLANT
(BY SRI. MADANMOHAN M KHANNUR., ADV)
AND:
KUMARI VISHAL
D/O SHEKAPPA BASANAGOUDA
AGE:19 YEARS, OCC:STUDENT &
AGRICULTURE, R/O: NITAPALLI VILLAGE,
TQ: RANEBENNUR, NOW AT
NEHARUNAGAR, BYADAGI
...RESPONDENT
(NOTICE TO SOLE RESPONDENT IS SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED:04.03.2015, PASSED IN MVC
NO.39/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MEMBER, ADDL. MACT, ITINERARY COURT AT BYADGI, AWARDING
COMPENSATION OF Rs.1,16,930/- WITH INTEREST AT THE RATE OF
6% P.A FROM THE DATE OF PETITION TILL THE REALISATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
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NC: 2025:KHC-D:12994
MFA No. 103451 of 2015
C/W MFA No. 103455 of 2015
HC-KAR
ORAL JUDGMENT
1. These appeals are arising out of the common
Judgment and Award dated 04.03.2015 passed in
MVC Nos.38/2014 and 39/2014 by the learned
Senior Civil Judge and Additional MACT, Byadgi (for
short 'the tribunal').
2. Brief facts leading rise to the filing of these appeals
are as follows:
3. On 20.09.2013, the petitioners were traveling in
KSRTC bus bearing registration No.KA-42/F-427 from
Ranebennur to Kotihal village. The driver of the said
bus was driving the bus in a rash and negligent
manner and he lost control over the bus and caused
the accident. Due to impact, the petitioners
sustained grievous injuries. The petitioners filed a
claim petition under Section 166 of the MV Act
seeking compensation on account of the injuries
sustained in the road traffic accident.
NC: 2025:KHC-D:12994
HC-KAR
4. The KSRTC- Corporation filed a statement of
objections denying the averments made in the claim
petition and prays to dismiss the claim petition.
5. The Tribunal based on the pleadings of the parties
framed the common issues and common evidence
was recorded.
6. The petitioners examined themselves as PW1 and
PW2 and examined the doctor as PW.3 and marked
18 documents as Exs.P1 to P18. In rebuttal, the
KSRTC examined the driver as RW.1 and did not
produce any document. The Tribunal, after assessing
the verbal and documentary evidence, allowed the
claim petitions in part and awarded a compensation
of ₹1,19,330/- and ₹1,16,930/- respectively in MVC
Nos.38 and 39 of 2014 along with interest at the rate
of 6% and directed KSRTC to deposit the
compensation amount.
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HC-KAR
7. The KSRTC, aggrieved by the impugned judgment
and award passed by the tribunal filed these
Miscellaneous First Appeals.
8. Heard the arguments of the learned counsel for the
KSRTC and learned counsel for the petitioners.
9. Learned counsel for the KSRTC submits that the
compensation awarded by the Tribunal is on a higher
side. Hence on these grounds, prays to allow the
appeals.
10. Per contra, learned counsel for the petitioners
submits that the compensation awarded by the
tribunal is just and proper and do not call for any
interference. Hence, on these grounds, prays to
dismiss the appeals.
11. Perused the records and considered the submissions
of the learned counsel for the parties.
12. The point that arises for consideration is regarding
the quantum of compensation.
NC: 2025:KHC-D:12994
HC-KAR
13. There is no dispute about the occurrence of accident
and the petitioner sustained injuries. The petitioners,
to prove that the petitioners have sustained grievous
injuries examined a doctor as PW3, who opined that
the petitioners have suffered physical disability. The
tribunal has taken the income at ₹6,000/-, which is
on a lower side. However, the petitioner has not
challenged the impugned judgment and award. The
accident is of the year 2013. The notional income has
to be assessed as per the schedule notified by the
Karnataka State Legal Services Authority. As the
accident is of the year 2013, the income should be
assessed at ₹7,000/-, wherein the Tribunal has taken
the income at ₹6,000/- which is on the lower side.
Considering the evidence of doctor and medical
records, the compensation awarded by the tribunal is
just and proper. Hence, I do not find any error in the
impugned judgments.
NC: 2025:KHC-D:12994
HC-KAR
14. Accordingly, I proceed to pass the following order:
ORDER
i. The Miscellaneous First Appeals are
dismissed.
ii. The judgments and awards passed by
the tribunal is hereby confirmed.
iii. The registry is directed to transfer the
amount in deposit to the tribunal.
Sd/-
(ASHOK S. KINAGI)
JUDGE
SKS
CT: BSB
