- 1 - HC-KAR NC: 2025:KHC-D:12994 MFA No. 103451 of 2015 C/W MFA No. 103455 of 2015 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 103451 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 103455 OF 2015 (MV-I) IN MFA No. 103451/2015 BETWEEN: THE DIVISIONAL MANAGER KSRTC RAMNAGAR DIVISION RAMNAGAR & MDNWKRTC HAVERI DIVISION ( NOW THE OWNER AND SELF INSURER OF NWKRTC BUS NO.KA-42/F-427) REP BY M D, NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI. …APPELLANT (BY SRI. MADANMOHAN M. KHANNUR, ADV) AND: SHRI. BASANAGOUDA S/O SUBHASGOUDA PATIL AGE: 19 YEARS, OCC: STUDENT & AGRICULTURE, R/O: KOTIHAL VILLAGE, TQ: RANEBENNUR, NOW AT NEHARUNAGAR, BYADGI. …RESPONDENT (BY SRI. C.M. HOSAMANI, ADV) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:04.03.2015, PASSED IN MVC NO.38/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, ITINERARY COURT AT BYADGI, AWARDING COMPENSATION OF Rs.1,19,330/- WITH INTEREST AT THE RATE OF 6% P.A FROM THE DATE OF PETITION TILL THE REALISATION. MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12994 MFA No. 103451 of 2015 C/W MFA No. 103455 of 2015 IN MFA NO. 103455/2015 BETWEEN: THE DIVISIONAL MANAGER KSRTC RAMNAGAR DIVISION RAMNAGAR & MDNWKRTC HAVERI DIVISION ( NOW THE OWNER AND SELF INSURER OF NWKRTC BUS NO.KA-42/F-427) REP BY M D, NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI. ...APPELLANT (BY SRI. MADANMOHAN M KHANNUR., ADV) AND: KUMARI VISHAL D/O SHEKAPPA BASANAGOUDA AGE:19 YEARS, OCC:STUDENT & AGRICULTURE, R/O: NITAPALLI VILLAGE, TQ: RANEBENNUR, NOW AT NEHARUNAGAR, BYADAGI ...RESPONDENT (NOTICE TO SOLE RESPONDENT IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:04.03.2015, PASSED IN MVC NO.39/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, ITINERARY COURT AT BYADGI, AWARDING COMPENSATION OF Rs.1,16,930/- WITH INTEREST AT THE RATE OF 6% P.A FROM THE DATE OF PETITION TILL THE REALISATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI - 3 - HC-KAR NC: 2025:KHC-D:12994 MFA No. 103451 of 2015 C/W MFA No. 103455 of 2015 ORAL JUDGMENT 1. These appeals are arising out of the common Judgment and Award dated 04.03.2015 passed in MVC Nos.38/2014 and 39/2014 by the learned Senior Civil Judge and Additional MACT, Byadgi (for short ‘the tribunal’). 2. Brief facts leading rise to the filing of these appeals are as follows: 3. On 20.09.2013, the petitioners were traveling in KSRTC bus bearing registration No.KA-42/F-427 from Ranebennur to Kotihal village. The driver of the said bus was driving the bus in a rash and negligent manner and he lost control over the bus and caused the accident. Due to impact, the petitioners sustained grievous injuries. The petitioners filed a claim petition under Section 166 of the MV Act seeking compensation on account of the injuries sustained in the road traffic accident. - 4 - HC-KAR NC: 2025:KHC-D:12994 MFA No. 103451 of 2015 C/W MFA No. 103455 of 2015 4. The KSRTC- Corporation filed a statement of objections denying the averments made in the claim petition and prays to dismiss the claim petition. 5. The Tribunal based on the pleadings of the parties framed the common issues and common evidence was recorded. 6. The petitioners examined themselves as PW1 and PW2 and examined the doctor as PW.3 and marked 18 documents as Exs.P1 to P18. In rebuttal, the KSRTC examined the driver as RW.1 and did not produce any document. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petitions in part and awarded a compensation of ₹1,19,330/- and ₹1,16,930/- respectively in MVC Nos.38 and 39 of 2014 along with interest at the rate of 6% and directed KSRTC to deposit the compensation amount. - 5 - HC-KAR NC: 2025:KHC-D:12994 MFA No. 103451 of 2015 C/W MFA No. 103455 of 2015 7. The KSRTC, aggrieved by the impugned judgment and award passed by the tribunal filed these Miscellaneous First Appeals. 8. Heard the arguments of the learned counsel for the KSRTC and learned counsel for the petitioners. 9. Learned counsel for the KSRTC submits that the compensation awarded by the Tribunal is on a higher side. Hence on these grounds, prays to allow the appeals. 10. Per contra, learned counsel for the petitioners submits that the compensation awarded by the tribunal is just and proper and do not call for any interference. Hence, on these grounds, prays to dismiss the appeals. 11. Perused the records and considered the submissions of the learned counsel for the parties. 12. The point that arises for consideration is regarding the quantum of compensation. - 6 - HC-KAR NC: 2025:KHC-D:12994 MFA No. 103451 of 2015 C/W MFA No. 103455 of 2015 13. There is no dispute about the occurrence of accident and the petitioner sustained injuries. The petitioners, to prove that the petitioners have sustained grievous injuries examined a doctor as PW3, who opined that the petitioners have suffered physical disability. The tribunal has taken the income at ₹6,000/-, which is on a lower side. However, the petitioner has not challenged the impugned judgment and award. The accident is of the year 2013. The notional income has to be assessed as per the schedule notified by the Karnataka State Legal Services Authority. As the accident is of the year 2013, the income should be assessed at ₹7,000/-, wherein the Tribunal has taken the income at ₹6,000/- which is on the lower side. Considering the evidence of doctor and medical records, the compensation awarded by the tribunal is just and proper. Hence, I do not find any error in the impugned judgments. - 7 - HC-KAR NC: 2025:KHC-D:12994 MFA No. 103451 of 2015 C/W MFA No. 103455 of 2015 14. Accordingly, I proceed to pass the following order: ORDER i. The Miscellaneous First Appeals are dismissed. ii. The judgments and awards passed by the tribunal is hereby confirmed. iii. The registry is directed to transfer the amount in deposit to the tribunal. Sd/- (ASHOK S. KINAGI) JUDGE SKS CT: BSB List No.: 1 Sl No.: 28