- 1 - HC-KAR NC: 2025:KHC-D:13714 MFA No. 100888 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.100888 OF 2018 (MV-I) BETWEEN: 1. THE MANAGING DIRECTOR, N.W.K.R.T.C., HAVERI DIVISION, DISTRICT: HAVERI, CUSTODIAN OF BUS BEARING REGN. NO.KA.42/F-0794. 2. THE DIVISIONAL CONTROLLER, N.W.K.R.T.C. HAVERI AND SELF INSURANCE FUND AUTHORITY, HAVERI, DISTRICT: HAVERI. BOTH APPELLANTS ARE REPRESENTED BY CHIEF LAW OFFICER. …APPELLANTS (BY SRI S.C. BHUTI, ADVOCATE) AND: SMT. S. SUNKAVVA W/O. MAYAPPA MULAGUND AGE: 67 YEARS, OCC: COOLIE WORK (NOW NIL), R/O: BADIGER ONI, GADAG, TALUKA AND DISTRICT: GADAG. …RESPONDENT (BY SRI. CHETAN MUNNOLI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI IN M.V.C. NO.198/2016 DATED 25.10.2017 IN THE INTEREST OF JUSTICE AND EQUITY. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13714 MFA No. 100888 of 2018 THIS APPEAL COMING ON FOR FURTHER ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri S.C.Bhuti, learned counsel for the appellants as well as Sri Chetan Munnoli, learned counsel for the respondent. At request of both the learned counsel, the matter is taken up for final hearing and disposal. 2. This appeal is the outcome of the award that is passed by the Additional Motor Accident Claims Tribunal, Haveri in MVC 198 of 2016 dated 25.10.2017. Basing on the petition filed by the respondent herein to grant compensation of Rs.9,00,000/- in total, the tribunal through the impugned award granted a sum of Rs.3,00,000/- as compensation and projecting that the said sum is on higher side and that the appellants are not liable to pay any compensation, the present appeal is filed. 3. The crux of the case as projected by the respondent/claimant before the tribunal is that on 16.02.2016 at about 02.55 p.m., while she was travelling in the appellants’ bus - 3 - HC-KAR NC: 2025:KHC-D:13714 MFA No. 100888 of 2018 bearing registration No.KA.42/F.0794, the driver of the said bus drove the bus without following the traffic rules and regulations and in a rash and negligent manner, due to which she fell down from the bus and sustained grievous injuries. 4. Arguing the matter, Sri S.C.Bhuti, learned counsel for the appellants submits that the respondent was standing on the footboard of the bus and was travelling and though the conductor of the bus requested the respondent/claimant to sit in the vacant seat, she refused and when she was hurriedly getting down the bus, she herself fell down and sustained injuries. 5. Opposing the submission thus made, learned counsel for the respondent/claimant contends that due to the negligence of the driver of the bus, the accident occurred and the respondent sustained injuries. 6. Except the oral testimony of RW1, there is no other material on record to show that the respondent/claimant was negligent. On the other hand, the respondent/claimant apart from examining herself as PW1, produced Ex.P1-FIR, Ex.P2- Complaint, Ex.P3-Spot Panchanama, Ex.P4-MVI Report and - 4 - HC-KAR NC: 2025:KHC-D:13714 MFA No. 100888 of 2018 Ex.P7-Charge Sheet. It is not in dispute that police after due investigation laid charge sheet against the driver of the bus. Thus in the light of the evidence thus produced, this Court is of the view that the tribunal did not err in fastening liability against the appellants herein. 7. Coming to the aspect of quantum of compensation that was awarded by the tribunal, the respondent/claimant by producing all medical records established that she incurred medical expenditure to a tune of Rs.2,30,212.26. The tribunal awarded a sum of Rs.3,00,000/- globally. So a sum of Rs.69,787.74 was granted as compensation towards pain and suffering, extra nourishment, food, attendant and conveyance charges, loss of amenities etc., Thus this Court is of the view that the sum granted as compensation in total i.e. Rs.3,00,000/- is not exorbitant. 8. So far as the rate of interest is concerned, as pleaded by learned counsel for the appellants, the rate of interest is required to be 6% per annum and not 7% per annum from the date of petition till the date of deposit. Therefore the appeal is disposed of with the following: - 5 - HC-KAR NC: 2025:KHC-D:13714 MFA No. 100888 of 2018 ORDER (i) The appeal is allowed in part. (ii) The rate of interest on the awarded amount is reduced from 7% to 6% per annum. (iii) The observations of the tribunal on all other aspects holds good. (iv) Amount if any in deposit be transmitted to the concerned Tribunal immediately. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 22