- 1 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCL. FIRST APPEAL NO.200057 OF 2025 (MV-D) C/W MISCL. FIRST APPEAL NO.200059 OF 2025(MV-D) MISCL. FIRST APPEAL NO.200209 OF 2025(MV-I) MISCL. FIRST APPEAL NO.200280 OF 2025(MV-I) MISCL. FIRST APPEAL NO.200282 OF 2025(MV-I) IN MFA No.200057/2025: BETWEEN: THE DIVISIONAL MANAGER NEKRTC, SARIGA SADANA KALABURAGI, HOSAPETE DIVISION, HOSAPETE -585 201. (INTERNALLY INSURED OF BUS NO.KA 35 F 0243), NOW REPRESENTED BY CHIEF LAW OFFICER, KALABURAGI. …APPELLANT (BY SRI MANJUNATH MALLAYYA SHETTY, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS AND: 1. MAREMMA W/O. MAREPPA GANAJALKHED, AGE ABOUT 71 YEARS, OCC NIL, 2. UMA W/O. RAJSHEKHAR @ RAJAPPA GANAJALKHED, AGE ABOUT 32 YEARS, OCC.HOUSEHOLD, 3. KOLI MANOJ S/O. RAJSHEKHAR @ RAJAPPA GANAJALKHED, AGE ABOUT 15 YEARS, OCC. STUDENT, 4. ANKITA D/O. RAJSHEKHAR @ RAJAPPA GANAJALKHED, AGE ABOUT 13 YEARS, OCC. STUDENT, (RESPONDENT NO. 3 AND 4 ARE MINORS U/G OF NATURAL MOTHER RESPONDENT NO. 1) 5. RAJASHREE D/O. MAREPPA GANAJALKHED, AGE ABOUT 34 YEARS, OCC. HOUSEHOLD, ALL ARE R/O GANWAR, TQ. JEWARGI, DIST. KALABURAGI. NOW R/O. SUNDAR NAGAR, KALABURAGI - 585 103. 6. RAJEGOUDA S/O. TIPPANNAGOUDA GOUDAR, AGE MAJOR, OCC. DRIVER OF BUS NO. KA 35 F 0243, R/O. HAGEDAL, TQ. YALBURAGA, DIST. KOPPAL - 587 118. 7. JATEPPA S/O. NINGAPPA PUJARI, AGE MAJOR, OCC. OWNER CUM DRIVER OF CRUISER NO.KA 28/9503, R/O. IJERI, TQ. JEWARGI, DIST. KALABURAGI-585 325. - 3 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS 8. THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO. LTD., NEAR SBH, SANGAMESHWAR COLONY, S B TEMPLE ROAD, KALABURAGI - 585 103. …RESPONDENTS (BY SRI SANJEEV PATIL, ADV. FOR R1 TO R5; (R3 & R4 ARE MINOR REPTD. BY R2); SMT.PREETI PATIL MELKUNDI, ADV. FOR R8; R7 IS SERVED; V/O. DATED 02.09.2025, NOTICE TO R6 DISPENSED WITH) THIS MFA IS FILED U/S. 173(1) OF MV ACT 1988, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL AND CONSEQUENTLY BE PLEASED TO MODIFY THE JUDGMENT AND AWARD DATED 14-08-2024 PASSE BY THE I ADDL. SENIOR CIVIL JUDGE AND MACT- AT KALABURAGI IN MVC NO. 1585/2022, AND CONSEQUENTLY BE PLEASED TO ENTIRE NEGLIGENCE TO BE FIXED ON DECEASED HIMSELF AND ALSO REDUCE COMPENSATION AWARDED BY THE TRIBUNAL, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA No.200059/2025: BETWEEN: THE DIVISIONAL MANAGER NEKRTC, SARIGA SADANA KALABURAGI, HOSAPETE DIVISION, HOSAPETE -585 201. (INTERNALLY INSURED OF BUS NO.KA 35 F 0243), NOW REPRESENTED BY CHIEF LAW OFFICER, KALABURAGI. …APPELLANT (BY SRI MANJUNATH MALLAYYA SHETTY, ADVOCATE) AND: 1. ULLAS S/O. NEELKANTH MUNEPPANAVAR AGE ABOUT 35 YEARS, OCC.COOLIE, - 4 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS 2. PALLAVI D/O. ULLAS MUNEPPANAVAR AGE ABOUT 11 YEARS, OCC. STUDENT 3. SANVI D/O. ULLAS MUNEPPANAVAR AGE ABOUT 6 YEARS, MINOR (RESPONDENT NO.2 AND 3 ARE MINORS U/G OF NATURAL FATHER RESPONDENT NO.1) 4. RADHABAI W/O. NEELKANTH MUNEPPANAVAR AGE ABOUT 70 YEARS, OCC. NIL ALL ARE R/O. KOTNOOR, TQ. & DIST. KALABURAGI – 585103. 5. RAJEGOUDA S/O. TIPPANNAGOUDA GOUDAR AGE MAJOR, OCC. DRIVER OF BUS NO.KA 35 F 0243 R/O. HAGEDAL, TQ. YALBURAGA DIST.KOPPAL – 587118. 6. JATEPPA S/O. NINGAPPA PUJARI AGE MAJOR, OCC. OWNER CUM DRIVER OF CRUISER NO.KA 28/9503 R/O. IJERI, TQ. JEWARGI DIST. KALABRUAGI – 585325. 7. THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO. LTD NEAR SBH, SANGAMESHWAR COLONY, S B TEMPLE ROAD, KALABURAGI – 585103. …RESPONDENTS (BY SRI SANJEEV PATIL, ADV. FOR R1 TO R4; R2 & R3 ARE MINORS U/G OF R1); SMT. PREETI PATIL MELKUNDI, ADV. FOR R7; R6 IS SERVED; V/O. DATED 02.09.2025, NOTICE TO R5 DISPENSED WITH) - 5 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS THIS MFA IS FILED U/S. 173(1) OF MV ACT 1988, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL AND CONSEQUENTLY BE PLEASED TO MODIFY THE JUDGMENT AND AWARD DATED 14-08-2024 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND MACT- AT KALABURAGI IN MVC NO. 2/2023, AND CONSEQUENTLY BE PLEASED TO ENTIRE NEGLIGENCE TO BE FIXED ON RESPONDENT NO.3 HEREIN VEHICLE AND ALSO REDUCE COMPENSATION AWARDED BY THE TRIBUNAL, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA No.200209/2025: BETWEEN: THE DIVISIONAL CONTROLLER KKRTC, SARIGA SADANA, CENTRAL OFFICE, OPP. KBN HOSPITAL, SUPER MARKET ROAD, KALABURAGI. (INTERNALLY INSURED OF BUS No.KA35 F 0243), NOW REPRESENTED BY CHIEF LAW OFFICER, KALABURAGI. …APPELLANT (BY SRI MANJUNATH MALLAYYA SHETTY, ADVOCATE) AND: 1. NAZEER S/O. RAJ AHMED, AGE ABOUT 37 YEARS, OCC.BUSINESS, R/O.H. NO.10-52, BILALA COLONY, JEWARGI, TQ. JEWARGI, DIST. KALABURAGI - 585 103. 2. JATTEPPA S/O. NINGAPPA PUJARI, AGE MAJOR, OCC. OWNER CUM DRIVER OF CRUISER NO. KA 28/9503, R/O. IJERI, TQ. JEWARGI, DIST. KALABURAGI-585325. - 6 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS 3. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., NEAR SBH, SANGAMESHWAR COLONY, S B TEMPLE ROAD, KALABURAGI - 585 103. …RESPONDENTS (BY SRI PUNITH MARKAL, ADV. FOR R1; SRI MANVENDRA REDDY, ADV. R3; R2 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL AND CONSEQUENTLY BE PLEASED TO MODIFY THE JUDGMENT AND AWARD DATED 14.08.2024 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND MACT AT KALABURAGI IN MVC NO. 1250/2022 AND CONSEQUENTLY BE PLEASED TO ENTIRE NEGLIGENCE TO BE FIXED ON RESPONDENT NO. 3 HEREIN VEHICLE AND ALSO REDUCE COMPENSATION AWARDED BY THE TRIBUNAL, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA No.200280/2025: BETWEEN: THE DIVISIONAL MANAGER NEKRTC, SARIGA SADANA KALABURAGI, HOSAPATE DIVISION, HOSAPETE - 585201 (INTERNALLY INSUREC OF BUS NO.KA 35 F 0243) NOW REPRESENTED BY CHIEF LAW OFFICER, KALABURAGI. …APPELLANT (BY SRI MANJUNATH MALLAYYA SHETTY, ADVOCATE) AND: 1. ULLAS S/O. NEELKANTH MUNEPPANAVAR AGE ABOUT 34 YEARS, OCC.COOLIE, R/O.KOTNOOR,TQ. & DIST. KALABURAGI – 585103. 2. RAJEGOUDA S/O. TIPPANNAGOUDA GOUDAR AGE MAJOR, OCC. DRIVER OF BUS - 7 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS NO. KA 35 F 0243 R/O. HAGEDAL, TQ. YALBURAGA DIST. KOPPAL – 587118. 3. JATEPPA S/O. NINGAPPA PUJARI AGE MAJOR, OCC. OWNER CUM DRIVER OF CRUISER NO. KA 28/9503 R/O. IJERI, TQ. JEWARGI, DIST. KALABURAGI – 585325. 4. THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO. LTD., NEAR SBH, SANGAMESHWAR COLONY, S B TEMPLE ROAD, KALABURAGI – 585103. …RESPONDENTS (BY SRI SANJEEV PATIL, ADV. FOR R1; R2 TO R4 ARE SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL AND COSEQUENTLY BE PLEASED TO MODIFY THE JUDGMENT AND AWARD DATED 14.08.2024 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND MACT AT KALABURAGI IN MVC NO. 1/2023 AND CONSEQUENTLY BE PLEASED TO ENTIRE NEGLIGENCE TO BE FIXED ON RESPONDENT NO.3 HEREIN VEHICLE AND ALSO REDUCE COMPENSATION AWARDED BY TH TRIBUNAL, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA No.200282/2025: BETWEEN: THE DIVISIONAL MANAGER NEKRTC, SARIGA SADANA KALABURAGI, HOSAPATE DIVISION, HOSAPETE – 585201. (INTERNALLY INSUREC OF BUS NO.KA 35 F 0243) NOW REPRESENTED BY CHIEF LAW OFFICER, KALABURAGI. …APPELLANT (BY SRI MANJUNATH MALLAYYA SHETTY, ADVOCATE) - 8 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS AND: 1. MALLESHAPPA S/O. SABANNA AGE ABOUT 47 YEARS, OCC. PVT. WORK (BAND BAJA) R/O. ANDOLA, TQ. JEWARGI DIST.KALABURAGI-585103. 2. RAJEGOUDA S/O. TIPPANNAGOUDA GOUDAR AGE MAJOR, OCC. DRIVER OF BUS NO. KA 35 F 0243 R/O. HAGEDAL, TQ. YALBURAGA DIST. KOPPAL – 587118. 3. JATEPPA S/O. NINGAPPA PUJARI AGE MAJOR, OCC. OWNER CUM DRIVER OF CRUISER NO.KA 28/9503 R/O. IJERI, TQ. JEWARGI, DIST. KALABURAGI – 585325. 4. THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO. LTD., NEAR SBH, SANGAMESHWAR COLONY, S B TEMPLE ROAD, KALABURAGI – 585103. …RESPONDENTS (BY SRI SANJEEV PATIL, ADV. FOR R1; SRI RAHUL R. ASTURE, ADV. FOR R4; R2 & R3 ARE SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL AND COSEQUENTLY BE PLEASED TO MODIFY THE JUDGMENT AND AWARD DATED 14.08.2024 PASSED BY THE I ADDL SENIOR CIVIL JUDGE AND MACT AT KALABURAGI IN MVC NO. 1586/2022 AND CONSEQUENTLY BE PLEASED TO ENTIRE NEGLIGENCE TO BE FIXED ON RESPONDENT NO.3 HEREIN VEHICLE AND ALSO REDUCE COMPENSATION AWARDED BY TH TRIBUNAL, IN THE INTEREST OF JUSTICE AND EQUITY. - 9 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS THESE APPEALS ARE COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH AND HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M.NADAF) These five appeals by the Corporation arising out of the same accident, however, on different claim petitions are taken together for disposal, filed on the ground of liability as well as quantum. 2. The date of accident, involvement of vehicle, injury/death is not in dispute. The dispute is with regard to liability of 80% fastened on the appellant/Corporation so also the quantum of compensation. 3. Heard Sri Manjunath Malayashetty, learned counsel appearing for the Corporation in all the appeals and Sri Sanjeev Patil, learned counsel appearing for claimants and Sri. Manvindra Reddy, learned counsel - 10 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS appearing for respondent No.3, that is the insurance company of the other vehicle involved in the accident. 4. Sri. Manjunath Mallayyashetty with all vehemence submits that the Tribunal has committed serious error in fastening the liability of contributory negligence to the extent of 80% on the bus. The charge sheet has been filed by the police against the driver of the bus as well as the cruiser jeep which is also responsible for the accident. As per the spot sketch, the road is not a straight road, the driver of the cruiser drove it in a zigzag manner. The driver of the cruiser jeep was rash and negligent while driving the vehicle and contributed more than the one which has been fastened by the Tribunal. He further submits that driver of the cruiser was not possessing valid and effective DL, as such the police have invoked provisions of M.V.Act against the owner. In these circumstances, the same requires to be interference at the hands of this Court. So also, the quantum of compensation awarded in respect of each claim petitions required - 11 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS reconsideration as the same are exorbitantly awarded. Accordingly, sought to allow all the appeals, reduce the quantum, contributory negligence fastened on the driver of the bus and reduce the compensation. 5. Refuting the submissions of the learned counsel appearing for the Corporation. Sri Sanjeev Patil, with all the vehemence submits that, the Tribunal having considered the spot sketch, found that the bus was proceeding towards Ittigehalli, gone on the extreme right side of the road and caused the accident. The driver of the jeep was driving it in a moderate speed, but for rash and negligent driving of the bus by its driver has resulted in the accident. The Tribunal on the basis of the police records, considering the fact that the police have filed charge sheet against both the drivers of the offending vehicle, saddled the contributory negligence to the extent of 80% on the driver of the bus being a heavy passenger vehicle and 20% on the cruiser vehicle and submits that, it does not call for any interference. So far as the quantum is - 12 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS concerned, the Tribunal after considering the entire material placed before it, awarded appropriate compensation and supports the judgment and award and sought to dismiss all the appeals filed calling in question the judgment and award passed by the Tribunal in respective claim petitions. 6. Sri. Manvendra Reddy, learned counsel appearing for the insurance company of the other offending vehicle has submitted that the Tribunal has properly fastened the liability at the ratio of 80% and 20%. The same is just and proper and it does not call for any interference. So far as quantum is concerned, the same is accepted as the insurance company has not preferred any appeal. Accordingly, sought to dismiss all the appeals filed by the Corporation. 7. Having heard the learned counsel appearing for the parties, peruse all the appeal papers so also the trial Court record. - 13 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS 8. The points that would arise for our consideration are as follows: 1. Whether the Tribunal is justified in fastening the contributory negligence to the extent of 80% on the driver of the bus? 2. Whether the compensation awarded by the Tribunal is just and proper and if not, whether it requires any consideration at the hands of this Court, either reducing or retaining the same? 9. Our answer to the above points for consideration: Point No.1 : Affirmative in so far as point No. 1 in all the appeals. Point No.2 : Partly affirmative in respect of MFA No.200057/2025, MFA No.200280/2025, MFA No.200282/2025 and affirmative in MFA No.200059/2025 and MFA No.200209/2025, for the following: - 14 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS REASONS 10. Point No.1: The perusal of spot sketch clearly shows that the bus has went on the wrong side of the road and caused the accident. It is trite that when both the persons are held to be negligent in driving, the person who has got the last chance to avoid the incident is responsible for the accident. Considering the same, the driver of the bus though having on the left side, as could be seen from the spot sketch, not established proper care and caution and could have avoided the accident if had been little circumspect. The Tribunal was of the opinion that the driver of the cruiser was not possessing effective and valid DL, as such police have invoked Section 180 & 177 of MV.Act against the owner of the cruiser vehicle. This for the Tribunal comes to a conclusion that the driver of the cruiser was also rash and negligent and contributed to the accident and fastened 20% contributory negligence on the driver of the cruiser. In these circumstances, without - 15 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS much deliberating on the point, the finding of the Tribunal is kept intact on the point of liability. In MFA No.200057/2025 11. Point No.2: So far as quantum is concerned, in MFA No.200057/2025 arising out of MVC No.1585/2022, that the age of the deceased shown to be 40 years as on the date of accident. As per the law laid on by the Hon'ble Apex Court in the case of National Insurance Co. Ltd. vs. Pranay Sethi and others1, the future prospectus at the rate of 40%, to be added where the deceased was below 40. In the case on hand, the deceased was running 40 years. In these circumstances, the future prospectus which is added at the rate of 40% requires re- consideration. However, multiplier would be 15 instead of 14 is taken by the Tribunal. Accordingly, the same is considered at 25% and multiplier at 15. In these circumstances, the compensation awarded by the Tribunal under the head laws of dependency requires 1 (2017) 16 SCC 680 - 16 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS reconsideration and accordingly, on reconsideration, the same comes to: Sl. No. Particulars Amount 1 Loss of dependency (14750+25%x12x15x3/4) Rs.24,89,062.5/- 2 Loss of consortium (40,000 x 5) + 10% escalation) Rs.2,20,000/- 3 Loss of estate and funeral expenses +10% escalation Rs.33,000/- Total Rs.27,42,062.5/- 12. Accordingly, the compensation awarded by the Tribunal is reduced to Rs.27,42,062.5/- rounded off to Rs.27,42,100/- as against Rs.28,57,900/- awarded by the Tribunal. The reduced compensation shall carry interest at the rate of 6% per annum from the date of petition till realization. Accordingly, the point for consideration is answered in affirmative. 13. For the foregoing reasons, this Court proceeds to pass the following: - 17 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS ORDER i) The appeal is allowed in part; ii) The judgment and award dated 14.08.2024 passed by the I Addl. Senior Civil Judge & MACT, Kalaburagi, in MVC No.1585/2022 is hereby modified; iii) The appellants / claimants are entitled for a total reduced compensation of Rs.27,42,100/- as against Rs.28,57,900/- along with interest at 6% per annum from the date of filing of the petition till realization; iv) The amount in deposit shall be transmitted to the concerned Tribunal for disbursement forthwith. v) Balance reduced compensation along with accrued interest stated supra shall be deposited by the Corporation before the concerned Tribunal, within six weeks from the date of receipt of copy of this order by the appellant/Corporation; Page No.17 is retyped and replaced vide chamber order dated 24.02.2026 - 18 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS vi) Disbursement and apportionment is as per the order of the Tribunal; vii) No order as to cost. In MFA No.200059/2025 14. Having considered the compensation awarded by the Tribunal in MVC No.2/2023, against the present appeals filed, we find no infirmities in the compensation awarded. The said compensation is awarded in terms of law. The deceased was 30 years as on the date of accident, 40% future prospect is considered as per the Pranay Sethi supra and awarded appropriate compensation including medical expenditure since he was inpatient for a period of 26 days and succumbed to the injuries thereafter, while under treatment the Tribunal has considered the entire case for awarding appropriate compensation which does not call for any interference. Accordingly, the appeal filed by the Appellant/Corporation is sans merits on both the grounds, accordingly dismissed. - 19 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS 15. For the foregoing reasons, this Court proceeds to pass the following: ORDER i) The appeal is dismissed. ii) The award judgment and award passed by the Tribunal in MVC No.2/2023 dated 14.08.2024 is confirmed. iii) The amount in deposit shall be transferred to the concerned Tribunal for disbursement forthwith. iv) The balance amount to the extent of 80% liability fastened on the appellant/Corporation shall be deposited before the concerned Tribunal within 6 weeks from the date of receipt of copy of this order. v) The apportionment as well as disbursement is as per the order passed by the Tribunal. vi) No order has to costs. - 20 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS In MFA 200209/2025. 16. This appeal is arising out of MVC No.1250/2022 dated 14.08.2024. Having considered the injuries suffered and the disability resulted, the Tribunal has properly considered the entire materials on record and awarded a compensation of Rs.29,39,900/- under various heads, and does not call for any interference at the hands of this Court. 17. Having considered the same, both the grounds raised by the appellant are answered against the appellant. 18. For the foregoing reasons, this Court proceeds to pass the following: ORDER i) The appeal is dismissed. ii) The award judgment and award passed by the Tribunal in MVC No.1250/2022 dated 14.08.2024 is confirmed. - 21 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS iii) The amount in deposit shall be transferred to the concerned Tribunal for disbursement forthwith. iv) The balance amount to the extent of 80% liability fastened on the appellant/Corporation shall be deposited before the concerned Tribunal within 6 weeks from the date of receipt of copy of this order. v) The apportionment as well as disbursement is as per the order passed by the Tribunal. vi) No order has to costs. In MFA 200280/2025 19. This appeal is arising out of MVC No.1/2023 dated 14.08.2024. Considering the injuries suffered as well as the treatment taken and the medical expenditure. The compensation awarded by the Tribunal at the rate of Rs.1,28,000/- is on the higher side, which requires reconsideration. The injuries sustained stated to be CLW lower left side parietal scalp, blunt injury to abdomen and - 22 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS other injures over the body. As per Ex.P7 wound certificate, the injuries are stated to be simple in nature. But as per the discharge bill, the injured was an inpatient from 26.06.2022 to 17.07.2022 for 28 days. It is surprisingly shocking for simple injury is supra, the appellant was inpatient for a period of 28 days. In these circumstance, considering the entire material on record the compensation awarded by the Tribunal, reduced to Rs.65,000/- as global compensation along with interest at the rate of 6% per annum from the date of petition till realisation. 20. For the foregoing reasons, this Court proceeds to pass the following: ORDER i) The appeal filed by the Corporation is allowed in part. ii) The judgment and award passed by the I Addl. Senior Civil Judge & MACT, Kalaburagi in MVC No.1/2023 is hereby modified and - 23 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS reduced to Rs.65,000/ globally, it shall carry interest at the rate of 6% per annum from the date of petition till realization. iii) The amount in deposit shall be transmitted to the concerned Tribunal forthwith for disbursement. iv) The 80% of the balance reduced compensation along with the accrued interest supra shall be deposited by the Corporation within 6 weeks from the date of issue of copy of this order before the concerned Tribunal. v) On deposit entire amount shall be released in favour of injured/ claimant. vi) No order has to cost. In MFA 200282/2025 21. The injury suffered as per the evidence of the doctor, are fracture to 2nd, 3rd and 4th metatarsal bones on right, fracture of right cuneiform bone and fracture of acetabulum. The doctor who has been examined has - 24 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS stated that there is a disability to the extent of 30% to the right lower limb and to the total body it is 30%. Having considered the entire evidence on record, there is nothing in the wound certificate suggesting regarding the fracture of acetabulum. The doctor has stated the disability to the particular limb at 30% and at the very same time stated it is 30% to the whole body. The Tribunal has taken the same to the extent of 20% to the whole body. Looking to the nature of injuries. The disability is reduced to 12% instead of 20%. While retaining the compensation under other heads. Accordingly, the same requires re-determination and recalculation. On re-determination, the same comes to: Sl. No. Particulars Amount 1 Pain and Suffering Rs.30,000/- 2 Attendant charges, food and conveyance charges Rs.7,000/- 3 Loss of future income (14750 x 12 x 14 x 12/100) Rs.2,97,360/- 4 Medical expenditure Rs.1,15,000/- 5 Loss of income during treatment period (14750 x 3) Rs.44,250/- 6 Future medical expenses Rs.25,000/- 7 Loss of amenities Rs.40,000/- Total Rs.5,58,610/- - 25 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS 22. Accordingly, on re-determination the compensation is reduced from Rs.7,27,600/- to Rs.5,58,610/-. The reduced compensation shall carry interest at the rate of 6% per annum from May 2024 till realisation. 23. For the foregoing reasons, this Court proceeds to pass the following: ORDER i) The appeal filed by the Corporation is allowed in part. ii) The judgment and award passed by the I Addl. Senior Civil Judge & MACT, Kalaburagi in MVC No.1586/2022 is hereby modified and reduced to Rs.5,58,610/-, it shall carry interest at the rate of 6% per annum from May 2024 till realization. iii) The amount in deposit shall be transmitted to the concerned Tribunal forthwith for disbursement. Page No.25 is retyped and replaced vide Chamber Order dated 01.04.2026 - 26 - HC-KAR NC: 2025:KHC-K:5070-DB MFA No. 200057 of 2025 C/W MFA No. 200059 of 2025 MFA No. 200209 of 2025 AND 2 OTHERS iv) The balance 80% of compensation reduced compensation along with the accrued interest stated supra shall be deposited by the Corporation within 6 weeks from the date of issue of copy of this order before the concerned Tribunal. v) The deposit as well as release of amount is as per the order passed by the Tribunal. vi) No order has to cost. vii) The registry is directed to transmit the trial Court records forthwith within 2 weeks from the date of release of this order to enable the Corporation to deposit and the claimants to seek for release and deposit. Accordingly, all the appeals disposed of. Sd/- (H.P.SANDESH) JUDGE Sd/- (T.M.NADAF) JUDGE SMP List No.: 1 Sl No.: 9 AK