[Cites 2, Cited by 0]

Karnataka High Court

The Divisional Controller vs N.Mudukappa on 13 February, 2026

                                 -1-

                                         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,
                              -2-

                                     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.
                             -4-

                                    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,
                             -5-

                                    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
                              -6-

                                     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.
                                -8-

                                       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

MFA NO.103451/2016 c/w MFA NO.103452/2016, MFA NO.103453/2016, MFA NO. 103454/2016, MFA NO.103455/2016

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

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

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

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

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

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

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

4. The amount in deposit, if any, be transmitted

to the concerned Tribunal forthwith along with

original records.