- 1 - NC: 2025:KHC:15035 MFA No. 6582 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6582 OF 2018 (MV-DM) BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS DIVISIONAL CONTROLLER, MYSURU RURAL DISVISION, MYSURU NOW THROUGH CHIEF LAW OFFICER, KSRTC, BANGALORE …APPELLANT (BY SRI. NAGARAJA K., ADVOCATE) AND: 1. SRI SHREEKANTA S/O GOVINDA SHETTY, AGED MAJOR, R/O NO.20/77, NANJANAGOODU ROAD, CHAMARAJANAGARA DISTRICT, KARNATAKA 2. SHREE RAM GENERAL INSURANCE COMPANY NO.8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN-302022 INDIA, BY ITS MANAGER …RESPONDENTS (BY SRI.A.N.KRISHNASWAMY, ADVOCATE FOR R2 R1- SERVED AND UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:12.04.2018 PASSED IN MVC NO.1193/2012 ON THE FILE OF THE JUDGE, ADDITIONAL SMALL Digitally signed by MEGHA MOHAN Location: High Court Of Karnatka - 2 - NC: 2025:KHC:15035 MFA No. 6582 of 2018 CAUSES, SENIOR CIVIL JUDGE MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1193/2012 dated 12.04.2018 passed by the Additional Court of Small Causes and Senior Civil Judge, Mysuru and Motor Accidents Claims Tribunal, Mysuru, the appellant/KSRTC is before this Court. The claim petition was filed seeking compensation of an amount of Rs.4,48,874/- and interest at the rate of 12% per annum. 2. The facts of the case are that on 12.10.2011, the bus belonging to the corporation was moving on the side of the road slowly and in the meanwhile, another private bus came from the opposite side in a rash and negligent manner and also in a high speed and dashed the KSRTC bus. Due to the impact of the accident, the bus of corporation was damaged and an amount of Rs.1,07,340/- was spent towards repairs. The Tribunal by order impugned had granted compensation of an amount of Rs.1,07,340/-. - 3 - NC: 2025:KHC:15035 MFA No. 6582 of 2018 3. Learned counsel appearing for the appellant/KSRTC submits that the Tribunal had failed to grant the loss of revenue and also reduction value of the vehicle and on both counts, the compensation needs to be enhanced. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that to say that there is loss of revenue, no evidence is adduced. It is submitted that in fact for an old vehicle, the Court had granted Rs.1,07,340/- for the repairs and there cannot be any diminishing of the value of the vehicle in fact it would have been enhanced. 5. Having heard the learned counsels on either side, perused the material on record. First coming to the issue of loss of revenue, the appellant should have placed some material on record either before the Tribunal or before this Court. No evidence is placed before the Court either with regard to the diminishing value of the vehicle or with regard to the loss of revenue. On these grounds, the appeal of the Insurance Company has to fail. 6. Learned counsel appearing for the appellant submits that because the driver was not having a valid driving license, - 4 - NC: 2025:KHC:15035 MFA No. 6582 of 2018 the Insurance Company is exonerated from the liability. Learned counsel appearing for the Insurance Company submits that no such ground is taken by the appellant and for the first time, this ground is raised before the Court. Then coming to the valid driving license, admittedly, no ground is taken and this being a legal ground, this Court is inclined to consider the same. In the light of the law laid down in National Insurance Company Limited Vs. Swaran Singh And Others1, the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. 7. Accordingly, the appeal of the KSRTC is partly allowed. i. The Insurance Company shall pay the compensation and recover the same from the owner of the vehicle. ii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy 1 (2004) 3 SCC 297 - 5 - NC: 2025:KHC:15035 MFA No. 6582 of 2018 of the order passed by this Court forthwith without any delay. iii. No costs. iv. Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 5