- 1 - HC-KAR NC: 2025:KHC-D:12741 MFA.CROB No. 100073 of 2018 C/W MFA No. 100911 of 2018 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MFA CROSS OBJ NO. 100073 OF 2018 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 100911 OF 2018 (MV-I) IN MFA.CROB No. 100073/2018 BETWEEN: 1. SHRI. CHANDRAGOUDA S/O. BASAPRABHU GOTADKI @ PATIL AGE: 47 YEARS, OCC: NIL, (AGRICULTURE), R/O. SUTAGATTI, TAL:BAILBONGAL-591147, DIST:BELAGAVI. …CROSS OBJECTOR (BY SMT. GEETHA K M @ PAWAR, ADV) AND: 1. THE MANAGING DIRECTOR NWKRTC BELAGAVI DIVISION, DIST:BELAGAVI-590001. 2. SHRI. ASHOK S/O. GANGAPPA ROTTI AGE:44 YEARS, OCC:BUSINESS, R/O. SUTAGATTI, TAL:BAILHONGAL-591147, DIST:BELAGAVI. …RESPONDENTS (BY KUM. TANJIBANU PEERKHAN, ADV FOR SRI. S.L. MATTI, ADV FOR R1, NOTICE TO R2 IS DISPENSED WITH) THIS MFA.CROB IN MFA NO.100911/2018 IS FILED UNDER ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND AWARD DATED 14.12.2017 PASSED IN MVC NO. 1972/2015 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12741 MFA.CROB No. 100073 of 2018 C/W MFA No. 100911 of 2018 IN MFA NO. 100911/2018 BETWEEN: 1. THE MANAGING DIRECTOR N.W.K.R.T.C., BELAGAVI DIVISION, BELAGAVI, R/BY CHIEF LAW OFFICER, ...APPELLANT (BY SRI. S L MATTI, ADV) AND: 1. SRI. CHANDRAGOUDA S/O BASPRABHU GOTADKI PATIL, AGE: 45 YEARS, OCC: NIL (AGRICULTURIST), R/O: SUTTAGATTI, TQ: BAILHONGAL, DIST: BELAGAVI-590001. 2. SRI. ASHOK S/O GANGAPPA ROTTI AGE: 43 YEARS, OCC: AGRICULTURIST, R/O: SUTTAGATTI, TQ: BAILHONGAL, DIST: BELAGAVI-590001. ...RESPONDENTS (BY SMT. GEETHA K M @ PAWAR, ADV FOR R1, SRI. NAVEEN R. MELINAMANI, ADV FOR R2) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 14.12.2017 PASSED IN MVC NO.1972/2015 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL AND II ADDITIONAL DISTRICT JUDGE BELAGAVI, AWARDING THE COMPENSATION OF RS.2,46,745/- WITH INTEREST AT 9% P.A FROM THE DATE OF PETITION TILL ITS REALISATION. THIS CROSS OBJECTION, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER : CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI - 3 - HC-KAR NC: 2025:KHC-D:12741 MFA.CROB No. 100073 of 2018 C/W MFA No. 100911 of 2018 ORAL ORDER 1. MFA No.100911/2018 and MFA Crob No.100073/2018 are filed challenging the judgment and award dated 14.12.2017 passed in MVC. No.1972/2015 by the learned MACT and II Additional District Judge, Belagavi. 2. Brief facts leading rise to the filing of this appeal and the cross objection are as follows: 3. On 09.06.2015 at about 03.00 p.m, the driver of the NWKSRTC bus bearing registration No.KA-22/F-1968 drove the bus at a great speed in a negligent manner as to endanger human life and dashed to the motorcycle bearing registration No.KA-24/L-7242 on which the petitioner was proceeding, as a result of which the petitioner sustained grievous injuries and filed a claim petition under Section 166 of the MV Act seeking compensation for the injuries sustained in - 4 - HC-KAR NC: 2025:KHC-D:12741 MFA.CROB No. 100073 of 2018 C/W MFA No. 100911 of 2018 the road traffic accident. Accordingly, prays to allow the claim petition. 4. The respondent No.1- NWKSRTC filed a statement of objections denying the averments made in the claim petition and contended that the driver possessed a valid and effective driving license and that the accident occurred due to the negligence of the petitioner himself. Hence, prays to dismiss the claim petition against the NWKSRTC. 5. Respondent No.2- the owner, before the Tribunal filed a statement of objections contending that the accident occurred due to the negligent driving by the driver of the Bus. Hence, prays to dismiss the claim petition against respondent No. 2. 6. The Tribunal, based on the pleadings of the parties, framed the relevant issues. 7. The petitioner, to substantiate his case, examined himself as PW.1, examined the doctor as PW-2, and - 5 - HC-KAR NC: 2025:KHC-D:12741 MFA.CROB No. 100073 of 2018 C/W MFA No. 100911 of 2018 marked 54 documents as Ex.P1 to P54. In rebuttal, the Corporation examined the driver of the offending bus as RW.1 and marked two documents as Ex.R1 and R2. 8. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part vide judgment dated 14.12.2017 and awarded a compensation of ₹2,46,745/- with interest @ 9% per annum from the date of the petition till its realisation and directed NWKSRTC to pay 80% of the compensation amount. The claim petition against respondent No. 2 before the tribunal was dismissed. 9. NWKSRTC, aggrieved by the impugned judgment filed an appeal in MFA No.100911 of 2018. The petitioner, being dissatisfied with the quantum of compensation, preferred a cross objection in MFA Crob No.100073/2018. - 6 - HC-KAR NC: 2025:KHC-D:12741 MFA.CROB No. 100073 of 2018 C/W MFA No. 100911 of 2018 10. Heard the arguments of the learned counsel for the NWKSRTC, and the learned counsel for the petitioners. 11. Learned counsel for NWKSRTC submits that, the accident occurred due to the rash and negligent riding of the rider of the motorcycle and the driver of the bus. Thus, there is a clear-cut case of contributory negligence. The Tribunal, without considering the said aspect, committed an error in fastening 80% liability on the corporation. He also submits that the rider of the motorcycle equally contributed to the cause of the accident. The Tribunal could have fastened the liability in the ratio of 50:50. Hence, on these grounds, he prays to allow the appeal, and to dismiss the cross objection. 12. Per contra, the learned counsel for the petitioners submits that the accident occurred in 2015, wherein the tribunal has taken notional income at ₹6,000/-, which is on the lower side. He submits that, as per - 7 - HC-KAR NC: 2025:KHC-D:12741 MFA.CROB No. 100073 of 2018 C/W MFA No. 100911 of 2018 the schedule notified by the Karnataka State Legal Services Authority, for the accident that occurred in 2015, the notional income should be taken at ₹8,000/-, wherein the tribunal has taken the notional income at ₹6,000/-, which is on the lower side. She also submits that the compensation awarded by the tribunal on the other heads is also on the lower side. She also submits that the rider of the motorcycle has not contributed to the cause of the accident and there is no contributory negligence on the part of the rider of the motorcycle. She submits that The Tribunal was justified in fastening the liability of NWKSRTC to the extent of 80% and 20% on the rider of the motorcycle. Hence on these grounds, she prays to dismiss the appeal filed by the NWKSRTC and to allow the cross objection filed by the petitioner. 13. Perused the records, and considered the submissions of the learned counsel for the parties. - 8 - HC-KAR NC: 2025:KHC-D:12741 MFA.CROB No. 100073 of 2018 C/W MFA No. 100911 of 2018 14. The points that would arise for consideration are regarding the liability and the quantum of compensation. Regarding the liability: 15. There is no dispute regarding the occurrence of the accident and the injuries sustained by the petitioner in the road traffic accident. The petitioner to substantiate his case, produced a certified copy of the charge sheet at EX.R-1, which discloses that the accident occurred due to the rash and negligent driving of the driver of the bus and the rider has also contributed to some extent to the cause of the accident. The tribunal, considering the contents of the charge sheet, fastened the liability on the NWKSRTC to the extent of 80% and 20% on the rider of the motorcycle. The quantum of liability fastened on the NWKSRTC is on the higher side. - 9 - HC-KAR NC: 2025:KHC-D:12741 MFA.CROB No. 100073 of 2018 C/W MFA No. 100911 of 2018 16. This court, considering the police papers, is of the opinion that the bus driver and a rider of the motorcycle have contributed to the cause of the accident in the ratio of 75:25. Thus, the liability fastened by the Tribunal requires to be modified. In view of the above discussion, I answer the point regarding liability accordingly. Regarding quantum of compensation: 17. The petitioner was aged about 40 years as of the date of the accident. To prove the income, the petitioner has not produced any proof of income. In the absence of income proof, the notional income should be taken as per the schedule notified by the Karnataka State Legal Services Authority. The accident occurred in 2015. This court has taken notional income at ₹8,000/-p.m. The petitioner examined a doctor as PW.2 and he has examined the petitioner clinically and radiologically and assessed the permanent physical disability and issued a - 10 - HC-KAR NC: 2025:KHC-D:12741 MFA.CROB No. 100073 of 2018 C/W MFA No. 100911 of 2018 disability certificate marked as Ex.P13. He opined that the petitioner has suffered 40% disability to the right lower limb and 30% to the left lower limb as per ALIMCO and WHO manuals and Government gazette, wherein the Tribunal has taken disability at 10% which is just and proper. 18. This Court considering the evidence of PW.2 and medical evidence, reassesses the compensation under the following heads: Sl. No. Heads of compensation Compensation awarded in Rs. by this Court 1 Pain and suffering 40,000/ 2 Medical expenses 99,745/- 3 Diet Nourishment and Attendant charges 10,000/- 4 Loss of income during laid up period (8,000 x 2) 16,000/- 5 Loss of future income on account of permanent physical disability (8,000X 12X15X10%) Rs.1,44,000/- 6 Loss of amenities and enjoyment of life 25,000/- Total : 3,34,745/- Compensation enhanced by: (3,34,745-2,46,745) 88,000/- - 11 - HC-KAR NC: 2025:KHC-D:12741 MFA.CROB No. 100073 of 2018 C/W MFA No. 100911 of 2018 17. Thus, the petitioner is entitled to a total compensation of ₹3,34,745/- as against the compensation awarded by the Tribunal at ₹2,46,745/-. Thus, the petitioner is entitled to an enhanced compensation of ₹88,000/-. 19. In view of the above discussion, I proceed to pass the following order: ORDER (i) The MFA No.100911/2018 and MFA Crob No.100073/2018 are allowed in part. (ii) The judgment and award dated 14.12.2017 passed in MVC No.1972/2015 is modified. (iii) The petitioner is entitled to compensation of ₹3,34,745/- as against ₹2,46,745/- i.e,, to an enhanced compensation of Rs. 88,000/-. (iv) NWKSRTC is directed to deposit 80% 75% of the compensation amount - 12 - HC-KAR NC: 2025:KHC-D:12741 MFA.CROB No. 100073 of 2018 C/W MFA No. 100911 of 2018 awarded by this court and 25% on the rider of motorcycle. (v) NWKSRTC is directed to deposit i.e. 75% of the enhanced amount i.e., Rs.88,000/- with interest at the rate of 6% per annum from the date of petition till realization of the amount and directed to deposit the same within 8 weeks from the date of receipt of a copy of this judgment. Sd/- (ASHOK S. KINAGI) JUDGE SKS CT: BSB List No.: 1 Sl No.: 24