- 1 - NC: 2025:KHC-K:2427-DB MFA No. 202263 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 22ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K NATARAJAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL MISCL. FIRST APPEAL NO. 202263 OF 2023 (MV-D) BETWEEN: THE DIVISIONAL CONTROLLER, K.S.R.T.C, KALABURAGI DIVISION, KALABURAGI. …APPELLANT (BY SRI DEEPAK V BARAD, ADVOCATE) AND: 1. RESHMA W/O LATE SHAKIR AHMED PATEL AGE: 31 YEARS, OCC: HOUSEHOLD, 2. AAHIL AHMED D/O LATE SHAKIR AHMED PATEL AGE: 08 YEARS, MINOR 3. LAIBA AREEJ D/O LATE SHAKIR AHMED PATEL AGE: 05 YEARS, MINOR BOTH MINORS UNDER THE GUARDIANSHIP OF THEIR MOTHER RESHMA W/O LATE SHAKIR AHMED PATEL CLAIMANT NO.1 4. MD. NAZEER AHMED S/O AHMED SAB AGE: 54 YEARS, OCC: AGRICULTURE, 5. KHAWJA BEGUM W/O MD. NAZEER AHMED AGE: 52 YEARS, OCC: HOUSEHOLD, Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2427-DB MFA No. 202263 of 2023 ALL R/O VILLAGE YANKUR, TQ: BHALKI, DIST: BIDAR – 585328. …RESPONDENTS (BY SRI BABU H. METAGUDA, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL AND CONSEQUENTLY BE PLEASED TO MODIFY JUDGEMENT AND AWARD DATED 18.03.2023 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND ADDL. MACT BHALKI IN M.V.C NO.147/2021 BY EXONERATING THE LIABILITY FROM THE APPELLANT ALSO TO PLEASED TO REDUCE THE COMPENSATION SUITABLY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K NATARAJAN AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed by the Divisional Controller, Karnataka State Road Transport Corporation, Kalaburagi (hereinafter referred to as ‘Corporation’) challenging the judgment and award dated 18.03.2023 passed in MVC No.147/2021 by the Court of Senior Civil Judge and - 3 - NC: 2025:KHC-K:2427-DB MFA No. 202263 of 2023 Additional MACT, Bhalki (hereinafter referred to as ‘the Tribunal’). 2. The brief facts leading to the filing of this appeal are that, the wife, children and parents of the deceased Shakir Ahmed Patel filed a claim petition seeking compensation for the death of Shakir Ahmed Patel in a road accident dated 26.11.2019. It is averred that the deceased was proceeding in a Scorpio jeep bearing registration No.KA-28/N-48155. At that time, the driver of the KSRTC bus bearing registration No.KA-32/F-2228 dashed to the Scorpio jeep resulting in a road traffic accident and thereby causing the death of Shakir Ahmed Patel. It is further averred that the deceased was aged about 30 years who was working as Sales Representative at Dubai and earning Rs.60,000/- per month and he used to contribute the entire amount to the family. Due to his untimely death, they have lost their dependency. - 4 - NC: 2025:KHC-K:2427-DB MFA No. 202263 of 2023 3. The appellant-Corporation opposed the claim petition by denying the negligence of the driver of the bus. They have denied the age, income, avocation of the deceased and sought for dismissal of the claim petition. 4. The Tribunal framed the issues and recorded the evidence of the parties. The claimants examined PW-1 and 2 and got marked Ex.P1 to P13. The respondent examined RW-1 and 2. The Tribunal has held that the driver of the bus was negligent and caused the accident and saddled the liability on the appellant-Corporation, by directing them to pay the compensation. The Tribunal has assessed the loss of dependency at Rs.50,40,000/- and awarded the total compensation of Rs.51,05,000/-. Being aggrieved, the Corporation is in appeal. 5. Sri Deepak V. Barad, learned counsel for the appellant-Corporation submits that the Tribunal has committed a grave error in coming to the conclusion that the driver of the bus was negligent, without any evidence - 5 - NC: 2025:KHC-K:2427-DB MFA No. 202263 of 2023 on record. It is submitted that in the evidence of RW-1 and 2, the driver and conductor of the bus have clearly deposed that the accident was due to the negligence of the driver of the Scorpio jeep. Hence, he seeks to saddle atleast some portion of the liability on the deceased who was driving the Scorpio jeep. It is submitted that the Tribunal has erred in awarding higher compensation to the claimants which needs interference. Hence, he seeks to allow the appeal. 6. Per contra, Sri Babu H. Metagudda, learned counsel for the respondents – claimants supports the judgment and award passed by the Tribunal contending that the evidence on record clearly indicates that the driver of the appellant-bus was negligent and caused the accident. The Tribunal on appreciation of the oral and documentary evidence, has recorded the findings with regard to the negligence and quantum and allowed the claim petition which does not call for any interference. Hence, he seeks to dismiss the appeal. - 6 - NC: 2025:KHC-K:2427-DB MFA No. 202263 of 2023 7. We have considered the submissions advanced by the learned counsel for the parties, meticulously perused the pleading, evidence on record and we have given our anxious consideration to the material available on record. The point that arises for our consideration in this appeal is; “Whether the impugned judgment and award of the Tribunal call for any interference?” 8. The pleading and evidence on record indicates that the claim petition is filed by the dependants of deceased – Shakir Ahmed Patel seeking compensation for the death of the deceased in a road accident dated 26.11.2019. Admittedly, the deceased was proceeding in a Scorpio jeep bearing registration No.KA-28/N-48155. At that time, the driver of the KSRTC bus bearing registration No.KA-32/F-2228 dashed to the Scorpio jeep resulting in a road traffic accident and thereby causing the death of Shakir Ahmed Patel. The material on record indicates that the Humnabad Traffic Police registered a case against the - 7 - NC: 2025:KHC-K:2427-DB MFA No. 202263 of 2023 driver of the KSRTC bus in Cr.No.135/2019 for the offences punishable under Sections 279, 337, 304(A) of IPC. After investigation, the police have filed the charge- sheet. The oral evidence on record and the charge sheet material indicates that the accident is caused due to the actionable negligence of the driver of the offending bus. 9. The Tribunal has rightly disbelieved the evidence of RW-1 and 2 as they are the interested witnesses to the accident. The charge-sheet filed against the driver of the bus has attained finality and there is no independent evidence on record to disbelieve the said charge sheet. Hence, we are of the considered view that the Tribunal was fully justified in coming to the conclusion that the accident was caused due to the actionable negligence of the driver of the KSRTC bus. The said finding is neither perverse nor contrary to the evidence on record calling for interference in this appeal. - 8 - NC: 2025:KHC-K:2427-DB MFA No. 202263 of 2023 10. Admittedly, the deceased was aged about 30 years working as a Sales Representative at Dubai and earning Rs.60,000/- per month. He used to contribute the entire amount to the family. In support of such a claim, PW-1 and 2 have adduced oral evidence and also produced Ex.P8 to P12, which clearly demonstrate that the deceased was working in Dubai and earning a substantial income from his avocation and the Tribunal considering the income of the deceased as per Ex.P8, applied proper multiplier, made deductions and awarded just compensation of Rs.50,40,000/- under the head of loss of dependency and in total awarded Rs.51,05,000/- with 6% interest per annum on the compensation amount from the date of petition till the date of realization. Hence, we do not find any error or perversity in the finding recorded by the Tribunal calling for interference in this appeal. 11. For the aforementioned reasons we proceed to pass the following; - 9 - NC: 2025:KHC-K:2427-DB MFA No. 202263 of 2023 ORDER i) The appeal is dismissed. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE MCR List No.: 1 Sl No.: 44 CT: PS