- 1 - HC-KAR NC: 2025:KHC-D:12178 MFA No. 100145 of 2014 C/W MFA No. 22188 of 2013 MFA No. 22193 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 100145 OF 2014 (MV-) C/W MISCELLANEOUS FIRST APPEAL NO. 22188 OF 2013 MISCELLANEOUS FIRST APPEAL NO. 22193 OF 2013 IN MFA NO. 100145 OF 2014 BETWEEN: 1. THE MANAGING DIRECTOR K.S.R.T.C & SELF INSURANCE, FUND, K.S.R.T.C, BANGALORE, R/BY DIVISIONAL MANAGER, K.S.R.T.C, HOSUR ROAD, HUBLI, R/BY CHIEF LAW OFFICER, NWKRTC, GOKUL ROAD, HUBLI. …APPELLANT (BY SMT. VEENA HEGDE, ADV) AND: 1. LAXMI JAYAPAL KULKARNI AGED: 32 YEARS, OCC: TAILORING, R/O: JANNATNAGAR, DHARWAD. 2. JAYAPAL S/O KRISHNA KULKARNI, AGED: 55 YEARS, OCC: BUSINESS, R/O: JANNATNAGAR, DHARWAD. …RESPONDENTS (BY SRI. LOKESH MALAVALLI, ADV FOR R1, R2 STANDS DISMISSED) MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12178 MFA No. 100145 of 2014 C/W MFA No. 22188 of 2013 MFA No. 22193 of 2013 THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST JUDGMENT AND AWARD DTD:23.01.2013, PASSED IN MVC. NO.423/2003 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM AND ADDL. MACT, DHARWAD, AWARDING THE COMPENSATION OF RS.4,04,835/- WITH THE INTEREST AT THE RATE OF 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 22188 OF 2013 BETWEEN: 1. LAKSHMI W/O JAYAPAL KULKARNI AGE: 35 YEARS, OCC: TAILORING, R/O: JANNATNAGAR, DHARWAD. …APPELLANT (BY SRI. LOKESH MALAVALLI, ADV) AND: 1. THE MANAGING DIRECTOR K.S.R.T.C. AND SELF INSURANCE FUND KSRTC BANGALORE, R/BY DIVISIONAL MANAGER, KSRTC HOSUR, HUBLI. 2. JAYAPAL S/O KRISHNA KULKARNI AGE: 46 YEARS, OCC: BUSINESS, R/O: JANNATHNAGAR, DHARWAD. …RESPONDENTS (BY SRI. C.B. PATIL, ADV FOR R1, R2 STANDS DISMISSED) THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED:23-01-2013 PASSED IN MVC NO.423/2003 ON THE FILE OF I-ADDL. SENIOR CIVIL JUDGE AND CJM AND MEMBER, ADDL. MACT, DHARWAD, PARTLY ALLOWING THE - 3 - HC-KAR NC: 2025:KHC-D:12178 MFA No. 100145 of 2014 C/W MFA No. 22188 of 2013 MFA No. 22193 of 2013 CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 22193 OF 2013 BETWEEN: 1. SHAKUNTALA W/O. JAYAPAL KULKARNI AGE: 48 YEARS, OCC: COOLIE R/O. JANNATNAGAR, DHARWAD. …APPELLANT (BY SRI. LOKESH MALAVALLI, ADV) AND: 1. THE MANAGING DIRECTOR KSRTC AND SELF INSURANCE FUND KSRTC BANGALORE R/BY DIVISIONAL MANAGER KSRTC HOSUR, HUBLI. 2. JAYAPAL S/O. KRISHNA KULKARNI AGE: 46 YEARS, OCC: BUSINESS, R/O. JANNATHNAGAR, DHARWAD. RESPONDENTS (BY SRI. V P KULKARNI, ADV FOR R1, R2 STANDS DISMISSED) THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:23-01-2013 PASSED IN MVC NO.424/2003 ON THE FILE OF I-ADDL. SENIOR CIVIL JUDGE AND CJM AND MEMBER, ADDL. MACT, DHARWAD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:12178 MFA No. 100145 of 2014 C/W MFA No. 22188 of 2013 MFA No. 22193 of 2013 CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT These Appeals are filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘M.V.Act,’ for short) arising out of the common judgment and award dated 23.01.2013 passed in MVC Nos.423 and 424 of 2003 by the learned I Additional Senior Civil Judge & CJM, and Additional MACT, Dharwad. 2. Brief facts leading rise to the filing of these appeals, are as follows: 3. On 13.04.2000, the petitioners were proceeding on M-80 motorcycle, and when they were near Hotel Dharwad, opposite to civil court, At that time, the Jeep bearing Reg.No.CKQ-3080 driven by its driver in a rash and negligent manner, come from the opposite direction and collided with the motorcycle. As a result, the petitioners have sustained grievous injuries. Hence, the petitioners filed claim petitions under Section 166 of the M.V.Act claiming compensation on - 5 - HC-KAR NC: 2025:KHC-D:12178 MFA No. 100145 of 2014 C/W MFA No. 22188 of 2013 MFA No. 22193 of 2013 account of the injuries sustained by them in a road traffic accident. 4. Respondent no.1- KSRTC and Self Insurance Fund, the owner and the insurer of the offending vehicle filed a statement of objections denying the averments made in the claim petitions, and prays to dismiss the claim petitions against the KSRTC. 5. Respondent No.2- the owner of the M-80 motor cycle, filed a statement of objection contending that accident occurred due to the rash and negligent driving of the offending vehicle of respondent No.1. Hence, prays to dismiss the claim petition against him. 6. The Tribunal, clubbed both the claim petitions, and based on the pleadings of the parties, framed separate, relevant issues and additional issue, and common evidence was recorded. 7. The petitioners to substantiate their case, petitioner in MVC No.423/2003 was examined as P.W.1, - 6 - HC-KAR NC: 2025:KHC-D:12178 MFA No. 100145 of 2014 C/W MFA No. 22188 of 2013 MFA No. 22193 of 2013 petitioner in MVC No.424/2003 was examined as P.W.2, examined the doctor as P.Ws.3 and 4, and marked 21 documents as Exs.P1 to P21. On the other hand, the respondents neither lead oral evidence nor documentary evidence. 8. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petitions in part with cost, and awarded compensation of Rs.4,04,835/- in MVC No.423/2003 and Rs.1,20,483/- in MVC No.424/2003 with interest at 8% per annum from the date of petitions till realization, and directed the owner of the motorcycle and the KSRTC to deposit the compensation amount to the extent of 25% and 75% respectively. The petitioner in MVC No.423/2003 preferred an appeal in MFA No.22188/2013, the KSRTC and Self Insurance Fund preferred an appeal in MFA No.100145/2014, and also the petitioner in MVC No.424/2003 preferred an appeal in MFA No.22193/2013. - 7 - HC-KAR NC: 2025:KHC-D:12178 MFA No. 100145 of 2014 C/W MFA No. 22188 of 2013 MFA No. 22193 of 2013 9. Heard the arguments of the learned counsel for the KSRTC and Self Insurance Fund, and the learned counsel for the petitioners. 10. Learned counsel for the KSRTC and Self Insurance Fund submits that the compensation awarded by the Tribunal is on the higher side. Hence, she prays to allow the appeal filed by the KSRTC and Self Insurance Fund, and dismiss the appeals filed by the petitioners. 11. Per contra, learned counsel for the petitioners submits that the compensation awarded by the Tribunal is on the lower side. Hence, he prays to allow the appeals filed by the petitioners, and dismiss the appeal filed by the KSRTC and Self Insurance Fund. 12. Perused the records, and considered the submission of the learned counsel for the parties. 13. The point, that would arise for my consideration is regarding the quantum of compensation: - 8 - HC-KAR NC: 2025:KHC-D:12178 MFA No. 100145 of 2014 C/W MFA No. 22188 of 2013 MFA No. 22193 of 2013 14. There is no dispute regarding the occurrence of the accident, and the injuries sustained by the petitioners in a road traffic accident. The petitioners have produced the copy of the charge sheet marked as Ex.P10, which discloses that the accident occurred due to rash and negligent driving of the driver of the offending vehicle. Regarding the quantum of compensation: 15. The petitioners contended that, petitioner in MVC No.423/2003 was doing tailoring work and earning Rs.5,000/- p.m., and petitioner in MVC No.424/2003 was doing coolie work, and was earning Rs.4,000/- p.m. To prove their income, the petitioners have not produced any income proof. In the absence of proof of the income, the Tribunal has assessed the income at Rs.3,000/- p.m. As per the schedule notified by the Karnataka State Legal Services Authority, the Tribunal was justified in assessing the income of the petitioners at Rs.3,000/- p.m. The Tribunal considering the evidence of P.W.3 and 4 has rightly assessed the disability, and awarded compensation of Rs.4,04,835/- to the petitioner in MVC - 9 - HC-KAR NC: 2025:KHC-D:12178 MFA No. 100145 of 2014 C/W MFA No. 22188 of 2013 MFA No. 22193 of 2013 No.423/2003 and Rs.1,20,483/- to the petitioner in MVC No.424/2003. The Tribunal was justified in passing the impugned judgment and award. I do not find any error in the judgment and award passed by the Tribunal. 16. In view of the above discussion, I proceed to pass the following: ORDER i) The Appeals filed by the KSRTC and Self Insurance Fund and the petitioners are dismissed. ii) The judgment and award dated 23.01.2013 passed in MVC Nos.423 and 424 of 2003 by the learned I Additional Senior Civil Judge & CJM, and Additional MACT, Dharwad, is hereby confirmed. vi) The Tribunal records, and the amount in deposit, if any, shall be transmitted to the Tribunal concerned, forthwith. Sd/- (ASHOK S. KINAGI) JUDGE MBS CT: BSB List No.: 1 Sl No.: 19