- 1 - NC: 2025:KHC-D:774 MFA No. 101456 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101456 OF 2015 (MV) BETWEEN: UNITED INDIA INSURANCE CO. LTD., THE DIVISIONAL MANAGER, ENKEY COMPLEX, KESHWAPUR, HUBBALLI, REPRESENTED THROUGH UNITED INDIA INSURANCE CO. LTD., THIRD PARTY CLAIMS HUB, ENKAY COMPLEX, KESHWAPUR, HUBBALLI, REPRESENTED BY ITS DEPUTY MANAGER. …APPELLANT (BY SMT. PREETI SHASHANK, ADVOCATE FOR SRI SHASHANK S.HEGDE, ADVOCATE) AND: 1. N.W.K.R.T.C. REPRESENTED BY ITS DIVISIONAL CONTROLLER, DIVISIONAL OFFICE, HOSUR, HUBBALLI. 2. KALLAPPA S/O. NINGAPPA KURUBAR, AGE. MAJOR, OCC. LORRY DRIVER, R/O. CHALAMATTI, TQ. KALAGHATAGI, DIST. DHARWAD. (DRIVER OF LORRY NO.KA-25/B-4095) 3. IAMAMUDDIN SOUDAGAR, AGE. MAJOR, OCC. BUSINESS, R/O. 19/2, GAVI ONI, HUBBALLI, DIST. DHARWAD. …RESPONDENTS (BY SRI S.C. BHUTI, ADVOCATE FOR R1; R2-SERVICE OF NOTICE DISPENSED WITH; NOTICE TO R3 IS SERVED) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:774 MFA No. 101456 of 2015 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PLEASED TO SET ASIDE JUDGMENT AND AWARD DATED 10.11.2014 PASSED IN MVC NO.14/2011 ON THE FILE OF THE COURT OF III ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL HUBBLLI AND ETC., THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) The appeal is filed by the Insurance Company challenging the judgment and award dated 10.11.2014 passed in MVC No.14/20211 on the file of III Additional Senior Civil Judge and Additional MACT, Hubli, (hereinafter referred to as ‘the Tribunal’ for short) seeking to reduce the compensation. 2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. 3. It is the case of the petitioner/KSRTC that on 25.11.2008 at 8.15 a.m., driver of the bus bearing Reg.No.KA-25/F-1976, while taking the bus at a moderate speed, was dashed by the respondent No.1, who was the - 3 - NC: 2025:KHC-D:774 MFA No. 101456 of 2015 driver of the lorry bearing Reg.No.KA-25/B-4095, coming in a rash and negligent manner. Due to the said accident, the bus was got damaged, and the entire rashness and negligence attributed on part of driver of the lorry bearing Reg.No.KA-25/B-4095. Therefore, KSRTC (respondent No.1 herein) has preferred claim petition before the Tribunal and the Tribunal after considering the evidence on record, has granted compensation of Rs.1,03,067/- under the head ‘damages to the vehicle’ and compensation of Rs.1,50,000/- awarded under the head ‘idling charges’. Thus, a total compensation of Rs.2,53,067/- was awarded. 4. So far as granting of damages towards idling charges on account of loss of revenue is concerned, it is squarely covered by the judgment of this Court in MFA No.23362/2012 and connected cases dated 05.12.2023, hence compensation under idling charges the KSRTC is not entitled. Therefore, grant of compensation of Rs.1,50,000/- towards idling charges is set aside. - 4 - NC: 2025:KHC-D:774 MFA No. 101456 of 2015 5. However, upon considering the compensation of Rs.1,03,067/- awarded towards ‘damages to the vehicle’, it is found to be correct as it may affect the substitute repair cost of Rs.1,03,067/-. Therefore, there is no perversity found while assessing damages at Rs.1,03,067/-, hence, the same is kept intact. 6. Therefore, the appeal is partly successful so far as setting aside the compensation granted towards idling charges. Hence, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 10.11.2014 passed in MVC No.14/20211 on the file of III Additional Senior Civil Judge and Additional MACT, Hubli is modified, holding that the KSRTC is entitled to compensation of Rs.1,03,067/- with interest at the rate of 6% p.a. from the date of petition till realization. - 5 - NC: 2025:KHC-D:774 MFA No. 101456 of 2015 iii) The amount deposited by the appellant before this Court shall be transmitted to the Tribunal for disbursement to the KSRTC. After disbursing the amount payable to the KSRTC, the remaining amount, if any, shall be refunded to the appellant. iv) No order as to costs. v) Draw award accordingly. vi) Pending IAs’ if any, do not survive for consideration. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 2 Sl No.: 19