- 1 - HC-KAR NC: 2025:KHC-D:8557 MFA No. 100935 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 100935 OF 2021 (MV-I) BETWEEN: MAHEBOOB S/O BABASAB KADEMANI, AGE: 23 YEARS, OCC: NIL, R/O: HATAGARA PETE, KOPPAL TOWN, TQ: AND DIST: KOPPAL. … APPELLANT (BY SRI. M. AMAREGOUDA, ADVOCATE) AND: 1. MAHESH S/O NAGAPPA KATARAKI, AGE: 37 YEARS, OCC: DRIVER OF KSRTC BUS, BEARING NO.KA-37/F-264, R/O: GONADABALA, TQ: AND DIST: KOPPAL-583 231. 2. THE DIVISIONAL CONTROLLER, KSRTC, KOPPAL DEPOT, KOPPAL-583 231. 3. ABDUL RAHIM HOSPET S/O BABUSAB HOSPET, AGE: 40 YEARS, OCC: AUTO DRIVER, R/O: TEGGINAKERI ONI, KOPPAL, TQ: AND DIST: KOPPAL-583 231. 4. HARISH S/O NAGU HARIJANA, AGE: 47 YEARS, OCC: OWNER OF THE AUTO NO.KA-20/A-3404, R/O: KAMTHERBATTU, BEEJADI, TQ: KUNDAPUR, DIST: UDUPI-581 421. … RESPONDENTS (BY SRI. S.C. BHUTI, ADVOCATE FOR R2; R1, R3 AND R4-DISPENSED WITH) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8557 MFA No. 100935 of 2021 THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION AND MODIFY THE JUDGMENT DATED 16.07.2020 PASSED IN MVC NO.313/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOPPAL. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the matter is listed for admission, with consent of learned counsel for the parties, it is taken up for final disposal. 2. This Miscellaneous First Appeal is filed by the claimant challenging the judgment and award dated 16.07.2020 passed in MVC No.313/2016 on the file of Senior Civil Judge and Additional MACT, Koppal (for short, ‘Tribunal’), seeking enhancement of compensation as well as requesting to hold contributory negligence at higher side on the driver of KSRTC bus bearing registration No.KA-37/F-264. 3. Heard the arguments and perused the material placed before the Court. 4. Brief facts of the case are that on 31.12.2014 at about 05.10 p.m., on N.H-63, Gadag-Hospet road, near LIC - 3 - HC-KAR NC: 2025:KHC-D:8557 MFA No. 100935 of 2021 office, Koppal, the claimant was proceeding from Ashoka circle to new bus stand in the auto rickshaw bearing registration No.KA-20/A-3404. At that time, a KSRTC bus bearing registration No.KA-37/F-264 came from opposite direction in a rash and negligent manner and dashed to the said auto rickshaw and caused accident. Due to which, the claimant sustained injuries. Hence, filed claim petition seeking compensation. 5. The accident is caused between the KSRTC bus bearing registration No.KA-37/F-264 and auto rickshaw bearing registration No.KA-20/A-3404. The Tribunal has awarded compensation under various heads as follows: Sl. No. Heads. Amount in (Rs.) 1. Loss of income. 1,15,200/- 2. Medical expenses including food, nourishment, travelling etc. 1,00,000/- 3. Future medical expenses. 50,000/- 4. Pain and sufferings. 50,000/- 5. Loss of amenities in life. 50,000/- Total 3,65,200/- - 4 - HC-KAR NC: 2025:KHC-D:8557 MFA No. 100935 of 2021 6. The Tribunal has held that the driver of KSRTC bus bearing registration No.KA-37/F-264 has contributed 40% towards rash and negligence driving of vehicle and 60% towards driver of auto rickshaw bearing registration No.KA-20/A-3404. Upon considering the evidence on record, it is adduced in the evidence that, the driver of auto rickshaw has hit the KSRTC bus bearing registration No.KA-37/F-264 and then hit to road divider. The Tribunal has assessed the evidence correctly, which needs no interference of this Court. The Tribunal has apportioned rash and negligence at 40% to the driver of KSRTC bus, 30% to the driver of auto rickshaw and 30% to the owner of auto rickshaw, since the owner has vicariously liable for enact done by its employee. Therefore, the owner alone is liable to pay compensation at 60%. 7. Though the claimant has stated that he has suffered fractured injuries, but there is no medical evidence on record to prove the fractured injuries sustained by him in the road traffic accident. The Wound Certificate (Ex.P5) reveals that the claimant has suffered simple injures. The Discharge Summary (Ex.P8) and other medical documentary evidence proved that - 5 - HC-KAR NC: 2025:KHC-D:8557 MFA No. 100935 of 2021 the claimant has suffered degloving injury of right thigh with raw surface with HIV positive status. Therefore, whatever functional disability suffered by the claimant is less than 10%. The appellant/claimant was aged 14 years old at the time of accident. Hence, keeping in mind the law laid down by the Hon’ble Apex Court in the case of Master Mallikarjun Vs. Divisional Manager, National Insurance Company Limited & Another1, this Court holds that the appellant/claimant is entitled to a sum of Rs.1,00,000/- under the head of pain and suffering, loss of earning capacity and loss of amenities etc. But in the present case, considering the quantum of compensation awarded by the Tribunal, it is on the higher side, but the KSRTC has not challenged the said award. Though is found to be little bit higher side, is left unchanged. Therefore, whatever compensation awarded by the Tribunal, is found to be just and proper, which needs no interference. Therefore, the appeal is liable to be dismissed. 8. In the result, I proceed to pass the following: 1 2014(14) SCC 396 - 6 - HC-KAR NC: 2025:KHC-D:8557 MFA No. 100935 of 2021 ORDER i) The appeal is dismissed. ii) The judgment and award dated 16.07.2020 passed in MVC No.313/2016 on the file of Senior Civil Judge and Additional MACT, Koppal, is confirmed. iii) No order as to cost. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 85