- 1 - HC-KAR NC: 2025:KHC-D:8890 MFA No. 25634 of 2012 C/W MFA No. 25636 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 25634 OF 2012 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 25636 OF 2012 IN MFA NO. 25634 OF 2012: BETWEEN: SMT. PARAWWA W/O IRAPPA PATIL, AGED ABOUT 48 YEARS, OCC: COOLIE, (NIL), R/O: LONDA, TQ: KHANAPUR, DIST: BELAGAVI. … APPELLANT (BY MISS. KAVITA K. RATHOD, ADVOCATE FOR SRI. SANTOSH B. MALAGOUDAR, ADVOCATE) AND: DIVISIONAL CONTROLLER, NWKRTC, DIVISIONAL OFFICE, BELGAUM DIVISION, BELAGAVI, (OWNER AND INSURER OF BUS BEARING KA-25-/F-1697). … RESPONDENT (BY SRI. P.R. BENTUR, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION AMOUNT PAYABLE TO THEM BY SUITABLY MODIFYING THE JUDGMENT AND AWARD DATED 28.02.2012 PASSED IN MVC NO.1/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT BAILHONGAL. IN MFA NO. 25636 OF 2012: BETWEEN: SMT. AKKAWWA W/O BALAPPA HATTI, AGED ABOUT 43 YEARS, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8890 MFA No. 25634 of 2012 C/W MFA No. 25636 of 2012 OCC: COOLIE, (NIL), R/O: LONDA, TQ: KHANAPUR, DIST: BELAGAVI. … APPELLANT (BY MISS. KAVITA K. RATHOD, ADVOCATE FOR SRI. SANTOSH B. MALAGOUDAR, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, NWKRTC, DIVISIONAL OFFICE, BELGAUM DIVISION, BELAGAVI, (OWNER AND INSURER OF BUS BEARING KA-25-/F-1697). … RESPONDENT (BY SRI. P.R. BENTUR, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION AMOUNT PAYABLE TO THEM BY SUITABLY MODIFYING THE JUDGMENT AND AWARD DATED 28.02.2012 PASSED IN MVC NO.2/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT BAILHONGAL. THESE APPEALS ARE COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Both these appeals are filed by the claimants challenging the judgment and award dated 28.02.2012 passed in MVC Nos.01 and 02 of 2010 on the file of Senior Civil Judge and Additional MACT, Bailhongal (for short, ‘the Tribunal’), questioning the dismissal of claim petitions. - 3 - HC-KAR NC: 2025:KHC-D:8890 MFA No. 25634 of 2012 C/W MFA No. 25636 of 2012 2. It is the case of claimants that on 26.01.2007 at 7.15 p.m., the claimants were travelling in a bus bearing registration No.KA-25/F-1697 from Kittur towards Belgaum on P.B. road NH-4, at Hulkatti corss, Bailhongal taluk. The driver of bus drew the same in a rash and negligent manner and dashed the same to the tractor and trailer bearing registration No.KA-24/2335-2336, MYE 7605, KA-24/T-867, thereby, caused the accident. Due to which, the claimants’ sustained injuries. Hence, filed the claim petitions seeking compensation. 3. Upon the filing of the claim petitions, the Tribunal dismissed them on the ground that there was no nexus between the treatment taken by the claimants on 28.01.2007 and the accident that occurred on 26.01.2007. Therefore, the claim petitions were dismissed. 4. It is the case of claimants that on 26.01.2007, at around 7.15 p.m., while they were travelling in a bus, the driver, due to his rash and negligent driving, caused the bus to collide with a tractor and trailer, resulting in the - 4 - HC-KAR NC: 2025:KHC-D:8890 MFA No. 25634 of 2012 C/W MFA No. 25636 of 2012 accident. As a result, the claimants sustained injuries. Ex.P1 is FIR and complaint, Ex.P2 is Spot Panchanama, Ex.P3 is Spot Sketch and Ex.P4 is IMV Report, which proved the fact that the accident occurred on 26.01.2007 and as a result, the claimants sustained injuries. The claimants have gone to hospital on 28.01.2007 at morning 11.00 a.m. Upon considering these two dates of events, there is no significant delay in seeking medical treatment. The accident occurred on 26.01.2007 at around 7.15 p.m., and the claimants went to the hospital on 28.01.2007 at morning 11.00 a.m. A delay of one day alone is not sufficient ground to reject the claim petitions. However, the Tribunal erroneously found fault with this, applying an unduly magnified interpretation of law. But in the wound certificates Ex.P5 and Ex.P9 of the respective claimants, it is recorded that the claimants have admitted to hospital with a history of road traffic accident that occurred on 26.01.2007. Therefore, the admission of claimants in hospital is having nexus with the date of accident. - 5 - HC-KAR NC: 2025:KHC-D:8890 MFA No. 25634 of 2012 C/W MFA No. 25636 of 2012 Therefore, from the oral and documentary evidence as discussed above, it is proved that the claimants have sustained injuries in a road traffic accident. Hence, the order passed by the Tribunal is liable to be set aside. 5. In MFA No.25636/2012 the claimant sustained injuries in a road traffic accident, as evidenced by the medical records and as per Ex.P5, the injuries suffered by the claimant one is grievous and another simple in nature 6. The Tribunal failed to appreciate the nature and severity of the injuries sustained, particularly the fracture, which would have caused considerable pain, suffering, and temporary disability. The dismissal of the claim petition on such grounds is unjustified. 7. Considering the totality of circumstances, including the nature of injuries, lack of documentary evidence, and the claimants status as an injured party in a motor vehicle accident, it is just and proper to award a global compensation of Rs.20,000/- each with interest at - 6 - HC-KAR NC: 2025:KHC-D:8890 MFA No. 25634 of 2012 C/W MFA No. 25636 of 2012 the rate of 6% per annum from the date of filing the petition till realization. 8. In view of the above, I pass the following: ORDER (i) The appeals are allowed. (ii) The impugned judgment and award dated 28.02.2012 passed in MVC Nos.01 and 02/2010 on the file of Senior Civil Judge and Additional M.A.C.T., Bailhongal, is set aside. (iii) The claimants in both the claim petitions are entitled to Rs.20,000/- each as global compensation, with interest at 6% per annum from the date of petition till realization. (iv) The respondent shall deposit the awarded amount within eight weeks from the date of receipt of a certified copy of this judgment. - 7 - HC-KAR NC: 2025:KHC-D:8890 MFA No. 25634 of 2012 C/W MFA No. 25636 of 2012 (v) On such deposit, the same shall be released in their favour on proper identification. (vi) Draw award accordingly. (vii) No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP para nos.1 to 4 RHR para nos.5 to end CT:BCK LIST NO.: 1 SL NO.: 39