- 1 - HC-KAR NC: 2025:KHC-D:8627 MFA No. 24037 of 2013 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 24037 OF 2013 (MV-D) BETWEEN: THE MANAGING DIRECTOR, NWKRTC, GOKUL ROAD, (THE DIVISIONAL CONTROLLER, DIVISION OFFICE, NWKRTC, BAGALKOT, REPTD. BY ITS C.L.O. NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI. … APPELLANT (BY SRI CHANDRASHEKHAR B. PATIL, ADVOCATE.) AND: GANGADHAR @ GANGAPPA S/O. RANGAPPA MANNIKERI, AGE: 26 YEARS, OCC: PLUMBER, PRESENTLY NIL, R/O: KILLA, BAGALKOT. … RESPONDENT (BY SRI N.B.KILLED, ADVOCATE.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO QUASH THE JUDGMENT AND AWARD DATED 01.07.2013, PASSED IN MVC NO.488/2012 ON THE FILE OF THE MEMBER, M.A.C.T.-II, BAGALKOT AND ETC.,. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8627 MFA No. 24037 of 2013 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the KSRTC challenging the judgment and award dated 01.07.2013, passed by the Member, MACT-II, Bagalkot, in MVC No.488/2012, on the ground that the driver of bus was not rash and negligent, but the driver of tat-tam auto rickshaw was rash and negligent and caused the accident. 2. The tribunal, upon the petition filed by the claimant has awarded compensation of Rs.15,500/- holding that the driver of the bus was rash and negligent and caused the accident. Ex.P.1 FIR, Ex.P.2 complaint, Ex.P.4 charge sheet, Ex.P.5 panchanama, Ex.P.6 MVI report prove the fact that the driver of the KSRTC bus had caused the accident as he has been shown as accused in the charge sheet after completion of the investigation. There is no evidence by the NWKRTC corroborating the evidence of RW.1, whereas the evidence of PW.1 is corroborated by the documentary evidence as stated above. - 3 - HC-KAR NC: 2025:KHC-D:8627 MFA No. 24037 of 2013 3. Therefore, the tribunal is correct in holding that the driver of the KSRTC bus had caused the accident. Further, tribunal awarded compensation of Rs.15,500/-. Considering the nature of injuries, the tribunal has awarded the compensation correctly, which needs no interference. Therefore, the appeal is found to be devoid of merit and is liable to be dismissed. Accordingly the appeal is dismissed. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 93