[Cites 2, Cited by 0]
Karnataka High Court
The Divisional Controller vs Smt.Renukamma W/O C. Kotrappa on 20 February, 2026
-1-
MFA No.100013 of 2017 c/w
MFA No.100014 of 2017,
MFA No.100015 of 2017
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 20TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
MISCELLANEOUS FIRST APPEAL NO.100013 OF 2017
C/W
MISCELLANEOUS FIRST APPEAL NO.100014 OF 2017,
MISCELLANEOUS FIRST APPEAL NO.100015 OF 2017
IN MFA NO.100013/2017:
BETWEEN:
THE DIVISIONAL CONTROLLER,
KSRTC, BALLARI DIVISION, BALLARI,
REPRESENTED BY CHIEF LAW OFFICER,
NEKRTC, CENTRAL OFFICE, KALABURAGI-585102.
...APPELLANT
(BY SRI. S.C. BHUTI, ADVOCATE)
AND:
1. KUMARI. VISHALAKSHI D/O KODEPPA,
AGE. 21 YEARS, OCC: MILK VENDOR,
Digitally signed
by R/O: HIREHEGDALU VILLAGE IN
MOHANKUMAR
B SHELAR
KUDLIGI TALUK, BALLARI DISTRICT-583135.
Location: High
Court of
Karnataka, 2. GALEPPA S/O SATYAPPA,
Dharwad Bench
AGE. 30 YEARS, DRIVER OF KSRTC BUS BEARING
REGN.NO:KA.34/F.180, KUDLIGI DEPOT,
RESIDENT OF KARIGANUR,
HOSAPETE TALUK, BALLARI DISTRICT-583223.
...RESPONDENTS
(R1 & R1-SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLE ACT, PRAYING TO SET
ASIDE THE JUDGMENT AND AWARD PASSED BY THE SENIOR
CIVIL JUDGE CUM-MACT NO.VI AT KUDLIGI IN MVC
-2-
MFA No.100013 of 2017 c/w
MFA No.100014 of 2017,
MFA No.100015 of 2017
NO.522/2015 DATED 31.08.2016 IN THE INTEREST OF JUSTICE
AND EQUITY.
IN MFA NO.100014/2017:
BETWEEN:
THE DIVISIONAL CONTROLLER,
KSRTC, BALLARI DIVISION, BALLARI,
REPRESENTED BY CHIEF LAW OFFICER,
NEKRTC, CENTRAL OFFICE, KALABURAGI-585102.
...APPELLANT
(BY SRI. S.C. BHUTI, ADVOCATE)
AND:
1. SMT. RENUKAMMA W/O C. KOTRAPPA,
AGE. 38 YEARS, MILK VENDOR,
R/O: HIREHEGADALU VILLAGE IN
KUDLIGI TALUK, BALLARI DISTRICT-583135.
2. GALEPPA S/O SATYAPPA,
AGE. 30 YEARS, DRIVER OF KSRTC BUS BEARING
REGN.NO:KA.34/F.180, KUDLIGI DEPOT,
RESIDENT OF KARIGANUR,
HOSAPETE TALUK, BALLARI DISTRICT-583223.
...RESPONDENTS
(R1 & R2-SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLE ACT, PRAYING TO SET
ASIDE THE JUDGMENT AND AWARD PASSED BY THE SENIOR
CIVIL JUDGE CUM-MACT NO.VI AT KUDLIGI IN MVC
NO.524/2015 DATED 31.08.2016 IN THE INTEREST OF JUSTICE
AND EQUITY.
IN MFA NO.100015/2017:
BETWEEN:
THE DIVISIONAL CONTROLLER,
KSRTC, BALLARI DIVISION, BALLARI,
-3-
MFA No.100013 of 2017 c/w
MFA No.100014 of 2017,
MFA No.100015 of 2017
REPRESENTED BY CHIEF LAW OFFICER,
NEKRTC, CENTRAL OFFICE, KALABURAGI-585102.
...APPELLANT
(BY SRI. S.C. BHUTI, ADVOCATE)
AND:
1. ANJINAPPA S/O BASAPPA,
AGE: 25 YEARS, MILK VENDOR AND
AGRICULTURIST,
R/O: HIREHEGADALU VILLAGE IN
KUDLIGI TALUK, BALLARI DISTRICT-583135.
2. GALEPPA S/O SATYAPPA,
AGE. 30 YEARS, DRIVER OF KSRTC BUS BEARING
REGN.NO:KA-34/F.180, KUDLIGI DEPOT,
RESIDENT OF KARIGANUR,
HOSAPETE TALUK, BALLARI DISTRICT-583223.
...RESPONDENTS
(R1 & R2-SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLE ACT, PRAYING TO SET
ASIDE THE JUDGMENT AND AWARD PASSED BY THE SENIOR
CIVIL JUDGE CUM- MACT NO.VI AT KUDLIGI IN MVC
NO.526/2015 DATED 31.08.2016 IN THE INTEREST OF JUSTICE
AND EQUITY.
THESE MISCELLANEOUS FIRST APPEALS HAVING BEEN
HEARD AND RESERVED FOR JUDGMENT ON 05.02.2026 AND
COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS
DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE DR. JUSTICE K.MANMADHA RAO
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MFA No.100013 of 2017 c/w
MFA No.100014 of 2017,
MFA No.100015 of 2017
CAV JUDGMENT
1. MFA No.100013/2017, MFA No.100014/2017 and
MFA No.100015/2017 are filed by the appellant-KSRTC under
Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter
referred to as 'MV Act'), challenging the common judgment and
award dated 31/08/2016 passed by the Senior Civil Judge-cum-
Member, MACT-VI, Kudligi, in M.V.C. Nos.522/2015, 524/2015
and 526/2015.
2. For the sake of convenience, the parties are referred
to as per their ranking before the Tribunal.
3. The facts leading to the filing of these appeals are
that, on 19/01/2003 at about 7.15 p.m., the claimants in M.V.C.
Nos.522/2015, 524/2015 and 526/2015 were travelling in KSRTC
Bus bearing No.KA-34/F-180. When the said bus reached near
the land of Bandyappa, Kudligi Taluk, the driver allegedly drove
the bus in a rash and negligent manner, lost control and the bus
fell into a ditch and turned turtle. Due to the said accident, the
claimants sustained grievous injuries and were treated in
Government Hospital, Kudligi and thereafter in private hospitals.
4. The claimants filed claim petitions seeking
compensation contending that they were milk vendors/coolies
MFA No.100013 of 2017 c/w
MFA No.100014 of 2017,
earning about Rs.8,000/- per month and were disabled due to
the injuries sustained in the accident.
5. The appellant-Corporation contested the petitions
contending that the accident occurred due to mechanical defect
and not due to rash and negligent driving of the bus driver. It
was further contended that the claim petitions were filed after
about 12 years of the accident and disability certificates were
obtained from non-treating doctors after considerable delay only
to claim higher compensation.
6. The Tribunal, after considering oral and documentary
evidence, held that the accident occurred due to rash and
negligent driving of the KSRTC bus driver and awarded
compensation as under:
In M.V.C. No.522/2015 - Rs.1,13,000/-
In M.V.C. No.524/2015 - Rs.1,12,000/-
In M.V.C. No.526/2015 - Rs.1,33,000/-
with interest at 6% per annum from the date of petition till
realization.
MFA No.100013 of 2017 c/w
MFA No.100014 of 2017,
7. Being aggrieved by the same, the Corporation has
filed these appeals contending that the compensation awarded is
excessive and the finding on negligence is erroneous.
8. Learned counsel for the appellant-Corporation
contended that the Tribunal failed to appreciate the evidence of
RW1 (conductor) who stated that the accident occurred due to
mechanical defect. He further submitted that the income of
Rs.4,500/- per month taken by the Tribunal is excessive for the
year 2003 and that the disability certificates issued after 10
years ought not to have been relied upon.
9. Per contra, learned counsel for the claimants
supported the impugned award and contended that the
compensation awarded is just and reasonable and does not
warrant interference.
10. Heard the learned counsel for the appellant-
Corporation and perused the records.
11. The occurrence of accident, negligence and fastening
of liability on the Corporation are not seriously disputed in these
appeals. The only question that arises for consideration is with
regard to quantum. The accident occurred in the year 2003. In
the absence of documentary evidence regarding income, the
MFA No.100013 of 2017 c/w
MFA No.100014 of 2017,
notional income has to be taken as per the chart prepared by the
Karnataka State Legal Services Authority. For the year 2003, the
notional income is Rs.3,250/- per month. The Tribunal has taken
Rs.4,500/- p.m., which requires interference. Hence, income is
reassessed at Rs.3,250/- p.m. as per the chart prepared by the
Karnataka Legal Services Authority. Therefore, the reassessment
of compensation under the head of future income comes as
under:
In MVC No.522/2015 = Rs.56,160/- (Rs.3,250/- x 12 x 18 x 8%)
In MVC No.524/2015 = Rs.46,800/- (Rs.3,250/- x 12 x 18 x 8%)
In MVC No.526/2015 = Rs.70,200/- (Rs.3,250/- x 12 x 18 x 10%)
Other heads awarded by Tribunal are found to be just and
proper. Accordingly, the reassessment of the compensation as
per the Chart of the High Court Legal Services Authority is as
under:
Sl. Head of In MVC In MVC In MVC
No compensation No.522/2015 No.524/2015 No.526/2015
1 Loss of future income Rs.56,160/- Rs.46,800/- Rs.70,200/-
2 Pain and suffering Rs.20,000/- 20,000/- Rs.20,000/-
3 Attendant Charges Rs.10,000/- Rs.10,000/- Rs.10,000/-
4 Medical Expenses Rs.4,700/- Rs.4,321/- Rs.5,344/-
Total Rs.90,860/- Rs.81,121/- Rs.1,05,544/-
12. Considering the calculations, the claimant in MVC
No.522/2015 is entitled for total compensation of Rs.90,860/-
MFA No.100013 of 2017 c/w
MFA No.100014 of 2017,
as against Rs.1,13,000/-, in MVC No.524/2015 the claimant is
entitled for total compensation of Rs.81,121/- as against
Rs.1,12,000/- and the claimant in MVC No.526/2015 is entitled
for total compensation of Rs.1,05,544/- as against
Rs.1,33,000/- with interest at 6% per annum from the date of
petition till realization.
13. In the result, this Court proceeds to pass the
following:
ORDER
i. MFA No.100013/2017, MFA No.100014/2017
and MFA No.100015/2017 are allowed in part.
ii. The judgment and award dated 31.08.2016
passed in MVC Nos.522/2015, 524/2015 and
526/2015 by the Senior Civil Judge and MACT-
VI, Kudligi are modified.
iii. The claimant in MVC No.522/2015 is entitled for
total compensation of Rs.90,860/- as against
Rs.1,13,000/-, in MVC No.524/2015 the claimant
is entitled for total compensation of
Rs.81,121/- as against Rs.1,12,000/- and the
MFA No.100013 of 2017 c/w
MFA No.100014 of 2017,
claimant in MVC No.526/2015 is entitled for total
compensation of Rs.1,05,544/- as against
Rs.1,33,000/- awarded by the Tribunal with
interest at 6% per annum from the date of
petition till realization.
iv. The excess amount, if any, deposited shall be
refunded to the appellant-Corporation.
v. Amount in deposit shall be transmitted to the
Tribunal for disbursement in accordance with
law.
vi. No order as to costs.
Sd/-
(DR. K.MANMADHA RAO)
JUDGE
KGK,CT:VP
