- 1 - HC-KAR NC: 2025:KHC-D:7337 MFA No. 23260 of 2013 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 05TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 23260 OF 2013 (MV) BETWEEN: MANAGING DIRECTOR, NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBLI, DIST: DHARWAD, BY ITS CHIEF LAW OFFICER. … APPELLANT (BY SRI S.C. BHUTI, ADVOCATE.) AND: 1. SRI. MALLIKARJUN S/O KRISHNAPPA WADDAR, AGE: 27 YEARS, OCC: MASON, R/O: SHRIRAMNAGAR COLONY, SHINDOLI ROAD, MUTAGA, TQ: BELAGAVI, DIST: BELAGAVI. 2. SUNIL ARJUN JAMES, AGE: 42 YEARS, OCC: BUSINESS, R/O: MAHISHI MARDINI DEVASTHAN, UDUPI, DIST: UDUPI, (OWNER OF TAVERA CHAVARLET BEARING NO.KA-19/MM-8464). 3. THE MANAGER, ORIENTAL INSURANCE CO. LTD., COURT ROAD, UDUPI, DIST: UDUPI. … RESPONDENTS (BY SRI S.S. KOLIWAD, ADVOCATE FOR R3; R1 AND R2 – NOTICE SERVED AND UNREPRESENTED.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 31.12.2012, PASSED Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7337 MFA No. 23260 of 2013 IN M.V.C.NO.2291/2011 ON THE FILE OF FAST TRACK COURT-II AND ADDITIONAL M.A.C.T., BELAGAVI AND ETC.,. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) The NWKRTC has preferred this appeal challenging the judgment and award dated 31.12.2012, passed by the Fast Track Court-II and Additional MACT, Belagavi, in MVC No.2291/2011. 2. By the impugned judgment and award, the tribunal has awarded a compensation of Rs.1,33,973/- along with interest at 9% p.a. The appellant NWKRTC and respondent No.3 are directed to deposit the compensation in the ratio of 75:25%, respectively. 3. This Court in MFA No.100437/2015 by judgment dated 16.01.2018, disposed of the appeal in respect of the very same accident involving the very same vehicles involved in the present appeal, wherein the ratio of rashness and negligence of 75:25% is upheld. - 3 - HC-KAR NC: 2025:KHC-D:7337 MFA No. 23260 of 2013 4. Therefore, upon considering the rashness and negligence of NWKRTC bus and Tavera Chavarlet Car have been attributed negligence at 75:25% respectively, which needs no interference. Therefore, the ratio of rashness and negligence attributed between the drivers of both the vehicles is confirmed. 5. So far as quantum of compensation is concerned, the claimant has suffered multiple fractures, close head injury, multiple abrasion over left arm, fracture of left temporal bone, left basi-frontal contusion and other injuries. Therefore, the quantum of compensation awarded by the tribunal is found to be just and proper, which needs no interference. Therefore the appeal is liable to be dismissed. Accordingly the appeal is dismissed. 6. The amount in deposit, if any, shall be transmitted to the concerned tribunal for disbursement. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: BCK LIST NO.: 1 SL NO.: 16