- 1 - HC-KAR NC: 2025:KHC:38841 MFA No. 3241 of 2021 C/W MFA No. 3239 of 2021 MFA No. 3240 of 2021 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3241 OF 2021 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 3239 OF 2021 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 3240 OF 2021 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 3242 OF 2021 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 3243 OF 2021 (MV-I) IN MFA No. 3241/2021 BETWEEN: THE MANAGING DIRECTOR, KSRTC, CENTRAL OFFICE SARIGE BHAVAN, SIDDAIAH ROAD DOUBLE ROAD, SHANTINAGARA BANGALORE-560 027 AND NOW REPRESENTED BY KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE BY ITS CHIEF LAW OFFICER BANGALORE …APPELLANT (BY SMT.S.NIRMMALA, ADVOCATE) AND: JAHIDUL ISLAM S/O RAUSHAN ALI AGED 29 YEARS R/O TEDHARA PATHAR VILLAGE BAGHBAR-P S BARPETA-SUB DIVISION BARPETA DISTRICT, ASSAM STATE Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38841 MFA No. 3241 of 2021 C/W MFA No. 3239 of 2021 MFA No. 3240 of 2021 AND 2 OTHERS PRESENTLY R/AT UDUPAS ENTERPRISES, NO.2609 15TH MAIN, 9TH CROSS SAHAKARANAGAR, BANGALORE-560 092 …RESPONDENT (BY SRI.HANUMANTHAPPA BASAVANNEPPA SOMAPUR, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.08.2020 PASSED IN MVC NO.3839/2017 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MACT, BENGALURU SCCH-11, AWARDING COMPENSATION OF RS.2,50,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 3239/2021 BETWEEN: THE MANAGING DIRECTOR, KSRTC, CENTRAL OFFICE THE MANAGING DIRECTOR SAIRGE BHAVAN, SIDDAIAH ROAD DOUBLE ROAD, SHANTINAGARA BANGALORE-27 AND NOW REPRESENTED BY KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICE BY ITS CHIEF LAW OFFICER BANGALORE ...APPELLANT (BY SMT. S.NIRMMALA, ADVOCATE) AND: NAJURUL MIA S/O MOYNAL MIA AGED 32 YEARS R/O AFULBARI VILLAGE, TARABARI P.S., BARPETA-SUB DIVISION BAPPETA DISTRICT, ASSAM STAGE PRESENTLY R/AT UDUPAS ENTERPRISES NO.2609, 15TH MAIN, 9TH CROSS - 3 - HC-KAR NC: 2025:KHC:38841 MFA No. 3241 of 2021 C/W MFA No. 3239 of 2021 MFA No. 3240 of 2021 AND 2 OTHERS SAHAKARANAGAR, BANGALORE-560 092 ...RESPONDENT (BY SRI. HANUMANTHAPPA BASAVANNEPPA SOMAPUR, ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 29.08.2020 PASSED IN MVC NO.4665/2017 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND ACMM, BENGALURU, (SCCH-11), AWARDING COMPENSATION OF RS.2,50,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION FROM RESPONDENT. IN MFA NO. 3240/2021 BETWEEN: KSRTC, THE MANAGING DIRECTOR, CENTRAL OFFICE, SARIGE BHAVAN, SIDDAIAH ROAD, DOUBLE ROAD, SHANTINAGARA BANGALORE 27 AND NOW REPRESENTED BY KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICE BY ITS CHIEF LAW OFFICER ...APPELLANT (BY SMT.S.NIRMMALA, ADVOCATE) AND: A RUP S/O HIKMAT, AGED 24 YEARS R/O HARIPUR VILLAGE, TARABARI P.S. BARPETA SUB DIVISION, BARPETA DISTRICT, ASSAM STATE PRESENTLY R/AT UDUPAS ENTERPRISES NO.2609, 15TH MAIN, 9TH CROSS, SAHAKARANAGAR BANGALORE -560 092 ...RESPONDENT (BY SRI. HANUMANTHAPPA BASAVANNEPPA SOMAPUR, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:38841 MFA No. 3241 of 2021 C/W MFA No. 3239 of 2021 MFA No. 3240 of 2021 AND 2 OTHERS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.08.2020 PASSED IN MVC NO.4664/2017 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MACT, BENGALURU SCCH-11, AWARDING COMPENSATION OF RS.2,50,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 3242/2021 BETWEEN: THE MANAGING DIRECTOR, KSRTC, CENTRAL OFFICE SARIGE BHAVAN, SIDDAIAH ROAD DOUBLE ROAD, SHANTINAGARA BANGALORE-27 AND NOW REPRESENTED BY KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICE BY ITS CHIEF LAW OFFICER BANGALORE ...APPELLANT (BY SMT.S.NIRMMALA, ADVOCATE) AND: RAJIBUL ISLAM S/O AYANAL MIA AGED 23 YEARS R/O BALDARI VILLAGE CHANGA TALUK BARPETA-SUB DIVISION BARPETA DISTRICT, ASSAM STATE PRESENTLY R/AT UDUPAS ENTERPRISES NO.2609, 15TH MAIN, 9TH CROSS, SAHAKARNAGAR BANGALORE-560 092 ...RESPONDENT (BY SRI. HANUMANTHAPPA BASAVANNEPPA SOMAPUR, ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.08.2020 PASSED IN MVC NO.4663/2017 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES - 5 - HC-KAR NC: 2025:KHC:38841 MFA No. 3241 of 2021 C/W MFA No. 3239 of 2021 MFA No. 3240 of 2021 AND 2 OTHERS JUDGE AND ACMM, BENGALURU, (SCCH-11), AWARDING COMPENSATION OF RS.2,50,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION FROM RESPONDENT. IN MFA NO. 3243/2021 BETWEEN: KSRTC CENTRAL OFFICE THE MANAGING DIRECTOR SAIRGE BHAVAN SIDDAIAH ROAD DOUBLE ROAD SHANTINAGARA BANGALORE-27 AND NOW REPRESENTED BY KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE BY ITS CHIEF LAW OFFICER BANGALORE ...APPELLANT (BY SMT.S.NIRMMALA, ADVOCATE) AND: SADAM HUSSAIAN S/O LALCHAN ALI AGED 24 YEARS R/O KAKODHOWA VILLAGE TARABARI P.S., BARPETA-SUB DIVISION BARPETA DISTRICT, ASSAM STATE PRESENTLY R/AT UDUPAS ENTERPRISES, NO.2609 15TH MAIN, 9TH CROSS SAHAKARANAGAR BANGALORE-560 092 ...RESPONDENT (BY SRI. HANUMANTHAPPA BASAVANNEPPA SOMAPUR, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.08.2020 PASSED IN MVC NO. 4666/2017 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MOTOR ACCIDENT CLAIMS TRIBUNAL, - 6 - HC-KAR NC: 2025:KHC:38841 MFA No. 3241 of 2021 C/W MFA No. 3239 of 2021 MFA No. 3240 of 2021 AND 2 OTHERS BENGALURU (SCCH-11), AWARDING COMPENSATION OF RS. 2,50,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION FROM RESPONDENT. THESE APPEALS, 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.Nos.3839/2017, 4663/2017, 4664/2017, 4665/2017, 4666/2017 dated 29.08.2020 by I Addl. Small Causes Judge and ACMM., Member, MACT, Bengaluru, whereby the Tribunal had granted an amount of Rs.2,50,000/- each to the claimants. The KSRTC is before this Court questioning the quantum of compensation that is awarded by the Tribunal. 2. By way of a common judgment dated 29.08.2020 the I Addl. Small Causes Judge and ACMM., Member, MACT, Bengaluru had disposed of the five MVC petitions. Hence, this Court is also passing a common order. 3. The claim petitions are filed seeking compensation of an amount of Rs.20,00,000/- each in all five cases i.e., MVC.Nos.3839/2017, 4663/2017, 4664/2017, 4665/2017, - 7 - HC-KAR NC: 2025:KHC:38841 MFA No. 3241 of 2021 C/W MFA No. 3239 of 2021 MFA No. 3240 of 2021 AND 2 OTHERS 4666/2017, from the KSRTC for the injuries sustained by them in the road traffic accident. 4. The facts of the case are that on 16.12.2016 at 11.45 am., the claimants were proceeding in the lorry as coolie from Davanagere. When they came near Beeravara Gate “U” turn, with due care and caution, at that time, the driver of the KSRTC bus came on the same road from Chitradurga in a rash and negligent manner with high speed without any signal or indicator, suddenly he took the bus at “U” turn point, towards Jagalur road and dashed to the lorry. As a result of which, the lorry was capsized, due to the impact, the claimants fell down and sustained multiple fractures and other injuries to all over the body. Immediately after the accident, the claimants were taken to Govt. Hospital, Chitradurga. First aid was given there, then shifted to Bowring and Lady Curzon Hospital, Bangalore for treatment, wherein they were treated as inpatient. 5. In all these claim petitions the Tribunal had observed that as these petitions are filed U/s.163-A of Motor Vehicle act, involvement of the vehicle is sufficient, once claimants proved the accident, they need not prove the - 8 - HC-KAR NC: 2025:KHC:38841 MFA No. 3241 of 2021 C/W MFA No. 3239 of 2021 MFA No. 3240 of 2021 AND 2 OTHERS negligence of the other side of the vehicle driver. The Tribunal had already discussed that the accident occurred due to the involvement of the KSRTC bus. In the instant case as the claimants had sustained grievous injures, so as per Section 164 of the Motor Vehicles(Amendment) Act, 2019 the claimants are entitled for compensation of an amount of Rs.2,50,000/- each and the KSRTC is liable to pay the compensation. Accordingly, the Tribunal had granted the compensation of an amount of Rs.2,50,000/- each to all the claimants. 6. Learned counsel appearing for the appellant/KSRTC submits that the calculation that is done by the Tribunal is after the amendment of Section 163A of the Motor Vehicles Act, whereas this accident had taken place in the year 2016 i.e., prior to the amendment as such the claimants are not entitled for the compensation of an amount of Rs.2,50,000/- and the same needs to be reduced. It is submitted that the Tribunal had granted the rate of interest at 9%, it should be reduced to 6% per annum. 7. Learned counsel appearing for the respondents/ claimants in all these appeals had relied on the judgment of the - 9 - HC-KAR NC: 2025:KHC:38841 MFA No. 3241 of 2021 C/W MFA No. 3239 of 2021 MFA No. 3240 of 2021 AND 2 OTHERS Hon’ble Apex Court in the case of New India Assurance Co. Ltd. Vs. Urmila Haldar1 wherein it is held that as it is the beneficial legislation it can be retrospectively implemented. Hence, the Tribunal had rightly considered and rightly granted the compensation and there are no grounds to interfere with the same. 8. Having heard the learned counsels on either side, perused the material on record. As per the judgment passed by the Hon’ble Apex Court in the case of New India Assurance Co. Ltd. Vs. Urmila Haldar stated supra wherein it is held that it is the beneficial legislation and it can be retrospectively implemented. Hence, this Court finds no reasons to interfere as far as the compensation is concerned. 9. Accordingly, MFA.Nos.3241/2021, 3239/2021, 3240/2021, 3242/2021, 3243/2021 filed by the KSRTC are partly allowed by reducing the rate of interest from 9% to 6% per annum. 1 2025 ACH 244 - 10 - HC-KAR NC: 2025:KHC:38841 MFA No. 3241 of 2021 C/W MFA No. 3239 of 2021 MFA No. 3240 of 2021 AND 2 OTHERS i. The entire amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The apportionment of the amount shall be as per the order passed by the Tribunal. iii. The amount in deposit shall be forthwith transferred to the Tribunal. iv. The KSRTC shall deposit the remaining amount, if any, within a period of eight weeks from the date of receipt of copy of the judgment. v. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 11