- 1 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 30TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCL. FIRST APPEAL NO.201715 OF 2024 (MV-I) C/W MISCL. FIRST APPEAL NO.202446 OF 2023(MV-I) MISCL. FIRST APPEAL NO.202447 OF 2023(MV-I) MISCL. FIRST APPEAL NO.202507 OF 2023(MV-D) MISCL. FIRST APPEAL NO.202581 OF 2023(MV-I) MISCL. FIRST APPEAL NO.201195 OF 2024(MV-D) MISCL. FIRST APPEAL NO.201502 OF 2024(MV-I) MISCL. FIRST APPEAL NO.201983 OF 2024(MV-I) IN MFA No.201715/2024: BETWEEN: SRIKANTH S/O. SUBBANNA AGE 28 YEARS, OCC. COOLIE & DRIVER R/O. JAWAHAR NAGAR, HUDA TQ. SEDAM, DIST. KALABURAGI-585102. …APPELLANT (BY SRI BABU H. METAGUDDA, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS AND: 1. HATTERIKE GURURAJ S/O. HATTERIKE CHANNAPPA AGE 42 YEARS, OCC.OWNER OF TATA INDICA CAR NO.TS-07/HF-5124, R/O. H.NO.2-75, YOUTH COLONY, OLD HAFEEZ PET, MIYAPUR RANGAREDDY DIST (TS)-500049. 2. THE DEPOT MANAGER NEKSRTC DIVISION NO.2, KALABURAGI-585102. VEHICLE BUS NO.KA-32/F-2341. …RESPONDENTS (BY SMT. CHANDRAKALA, ADV. FOR R1; SRI SHARANABASAPPA M. PATIL, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, PRAYING TO A) CALL FOR THE RECORDS IN MVC NO.658/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT AT SEDAM; B) ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 27.02.2023 PASSED IN MVC NO.658/2021 BY THE SENIOR CIVIL JUDGE AND MACT AT SEDAM AND BY ENHANCING THE COMPENSATION FROM RS.5,85,890/- WITH 6% INTEREST TO RS.35,00,000/- WITH 12% INTEREST AND ETC. IN MFA No.202446/2023: BETWEEN: THE DEPOT MANAGER, NEKRTC DIVISION NO.2, KALABURAGI VEHICLE BUS No.KA-32/F2341 NOW THORUGH ITS CHIEF LAW OFFICER KKRTC, CENTRAL OFFICE KALABURAGI. …APPELLANT (BY SRI SHARANABASAPPA M PATIL, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS AND: 1. RAJU @ TIPPANNA S/O AMRUTH AGE 24 YEARS, OCC. COOLIE R/O. JAWAHAR NAGAR, HUDA TQ. SEDAM AND DIST. KALABURAGI-585222. 2. HATTIRIKE GURURAJ S/O. HATTERIKE CHANNAPPA AGE 42 YEARS, OCC. OWNER OF TATA INDICA CAR No.TS 07/HF 5124 R/O. H.NO.2-75, YOUTH COLONY OLD HAFEEZ PET, MIYAPUR RANGAREDDY DIST.(TS)-500049. …RESPONDENTS (BY SRI BABU H. METAGUDDA, ADV. FOR R1; SMT. CHANDRAKALA, ADV. FOR R2) THIS MFA IS FILED U/S. 173(1) OF MV ACT 1988, PRAYING TO MODIFY THE ORDER OF THE TRIBUNAL AND CALL FOR THE TRIAL COURT RECORDS AND HEAR THE PARTIES AND SET ASIDE THE JUDGEMENT DATED 27-02-2023 AND AWARD DATED 10.03.2023 IN MVC NO.657/2021 IN THE COURT OF THE SENIOR CIVIL JUDGE AND MACT AT SEDAM, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA No.202447/2023: BETWEEN: THE DEPOT MANAGER, NEKRTC DIVISION No.2, KALABURAGI VEHICLE BUS NO.KA 32/F2341, NOW THORUGH ITS CHIEF LAW OFFICER KKRTC, CENTRAL OFFICE KALABURAGI. …APPELLANT (BY SRI SHARANABASAPPA M. PATIL, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS AND: 1. SRIKANTH S/O SUBBANNA AGE 27 YEARS, OCC. COOLIE & DRIVER R/O. JAWAHAR NAGAR, HUDA TQ. SEDAM AND DIST. KALABURAGI-585222. 2. HATTIRIKE GURURAJ S/O. HATTERIKE CHANNAPPA AGE 42 YEARS, OCC. OWNER OF TATA INDICA CAR NO.TS 07/HF 5124 R/O. H.NO.2-75, YOUTH COLONY OLD HAFEEZ PET, MIYAPUR RANGAREDDY DIST.(TS)-500049. …RESPONDENTS (BY SRI BABU H. METAGUDDA, ADV. FOR R1; SMT. CHANDRAKALA, ADV. FOR R2) THIS MFA IS FILED U/S. 173(1) OF MV ACT 1988, PRAYING TO MODIFY THE ORDER OF THE TRIBUNAL THE CALL FOR THE TRIAL COURT RECORDS AND HEAR THE PARTIES AND SET THE JUDGMENT DATED 27-02-2023 AND AWARD DATED 10.03.2023 IN MVC NO.658/2021 IN THE COURT OF THE SENIOR CIVIL JUDGE AND MACT AT SEDAM, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA No.202507/2023: BETWEEN: THE DEPOT MANAGER, NEKRTC DIVISION NO.2, KALABURAGI. VEHICLE BUS NO.KA-32/F2341 NOW THROUGH ITS CHIEF LAW OFFICER KKRTC, CENTRAL OFFICE KALABURAGI. …APPELLANT (BY SRI SHARANABASAPPA M PATIL, ADVOCATE) - 5 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS AND: 1. HANMANTH S/O. BHIMAYYA AGE 57 YEARS, OCC. NIL 2. HANAMAVVA W/O. HANMANTH AGE 52 YEARS, OCC. HOUSEHOLD, 3. SUNITA W/O. DEVAPPA @ DEVARAJ AGE 24 YEARS, OCC. HOUSEHOLD, 4. BHARGAV S/O. DEVAPPA @ DEVARAJ AGE 02 YEARS 5. AKSHITA D/O. DEVAPPA @ DEVARAJ AGE 04 YEARS BOTH 4 AND 5 RESPONDENTS ARE U/G OF THEIR NATURAL MOTHER APPELLANT NO.3 BY NAME SUNITA W/O DEVARAJ 6. AMBARISH S/O. HANMANTH AGE 27 YEARS, OCC. COOLIE 7. SRINIVAS S/O. HANMANTH AGE 30 YEARS, OCC. COOLIE ALL R/O. JAWAHAR NAGAR, HUDA TQ. SEDAM-585222. 8. HATTERIKE GURURAJ S/O. HATTERIKE CHANNAPPA AGE 42 YEARS, OCC. OWNER OF TATA INDICA CAR NO.TS/07/HF.5124 R/O. H.NO.2-75, YOUTH COLONY, - 6 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS OLD HAFEEZ PET, MIYAPUR RANGAREDDY DIST. (TS)-500049. …RESPONDENTS (BY SRI BABU H. METAGUDDA, ADV. FOR R1 TO R7; SMT. CHANDRAKALA, ADV. FOR R8) THIS MFA IS FILED U/S. 173(1) OF MV ACT 1988, PRAYING TO MODIFY THE ORDER OF THE TRIBUNAL AND CALL FOR THE TRIAL COURT RECORDS AND HEAR THE PARTIES AND SET ASIDE THE JUDGMENT DATED 27.02.2023 AND AWARD DATED 10.03.2023 IN MVC NO.660/2021 IN THE COURT OF THE SENIOR CIVIL JUDGE AND MACT AT SADAM, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA No.202581/2023: BETWEEN: THE DEPOT MANAGER, NEKRTC DIVISION NO.2, KALABURAGI VEHICLE BUS NO.KA-32/F2341 NOW THROUGH ITS CHIEF LAW OFFICER KKRTC, CENTRAL OFFICE KALABURAGI. …APPELLANT (BY SRI SHARANABASAPPA M. PATIL, ADVOCATE) AND: 1. VEERESH S/O. MARGAPPA AGE 23 YEARS, OCC. COOLIE R/O. JAWAHAR NAGAR, HUDA TQ. SEDAM AND DIST. KALABURAGI-585222. 2. HATTERIKA GURURAJ S/O. HATTERIKE CHANNAPPA AGE 42 YEARS, OCC. OWNER OF TATA INDICA CAR NO.TS-07/HF-5124 R/O. H.NO.2-75, YOUTH COLONY, OLD HAFEEZ PET MIYAPUR RANGAREDDY - 7 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS DIST. (TS)-500049. …RESPONDENTS (BY SRI BABU H. METAGUDDA, ADV. FOR R1; SMT. CHANDRAKALA, ADV. FOR R2) THIS MFA IS FILED U/S. 173(1) OF MV ACT 1988, PRAYING TO MODIFY THE ORDER OF THE TRIBUNAL AND CALL FOR THE TRIAL COURT RECORDS AND HEAR THE PARTIES AND SET ASIDE THE JUDGMENT DATED 27-02-2023 AND AWARD DATED 07-03-2023 IN MVC NO.659/2021 IN THE COURT OF SENIOR CIVIL JUDGE AND MACT AT SEDAM, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA No.201195/2024: BETWEEN: 1. HANMANTH S/O. BHIMAYYA AGE 58 YEARS, OCC. NIL, 2. HANAMAVVA W/O. HANMANTH AGE 53 YEARS, OCC. HOUSEHOLD, 3. SUNITA W/O. DEVAPPA @ DEVARAJ AGE 25 YEARS, OCC. HOUSEHOLD, 4. BHARGAV S/O. DEVAPPA @ DEVARAJ AGE 10 MONTHS, MINOR 5. AKSHITA D/O. DEVAPPA @ DEVARAJ AGE 4 YEARS, BOTH APPELLANT NO.4 AND 5 ARE U/G OF THEIR NATURAL MOTHER APPELLANT NO.3 BY NAME SUNITA - 8 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS W/O. DEVARAJ 6. AMBARISH S/O. HANMANTH AGE 28 YEARS, OCC. COOLIE, 7. SRINIVAS S/O. HANMANTH AGE 31 YEARS, OCC. COOLIE ALL ARE R/O. JAWAHAR NAGAR, HUDA, TQ. SEDAM, DIST. KALABURAGI-585101. …APPELLANTS (BY SRI BABU H. METAGUDDA, ADVOCATE) AND: 1. HATTERIKE GURURAJ S/O. HATTERIKE CHANNAPPA AGE 42 YEARS, OCC. OWNER OF TATA INDICA CAR NO. TS-07/HF-5124 R/O. H.NO.2-75, YOUTH COLONY, OLD HAFEEZ PET, MIYAPUR, RANGAREDDY DIST. (TS)-500049. 2. THE DEPOT MANAGER NEKSRTC DIVISION NO.2, KALABURAGI-585102. VEHICLE BUS NO.KA-32/F-2341. …RESPONDENTS (BY SMT. CHANDRAKALA, ADV. FOR R1; SRI SHARANABASAPPA M. PATIL, ADV. FOR R2) THIS MFA IS FILED U/S. 173(1) OF MV ACT 1988, PRAYING TO A) CALL FOR THE RECORDS IN MVC NO.660/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT AT- SEDAM B) ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 27-02-2023 PASSED IN MVC NO. 660/2021 BY THE SENIOR CIVIL JUDGE AND MACT AT-SEDAM. AND ENHANCING THE COMPENSATION FROM RS.34,61,000/- WITH 6% INTEREST TO RS.45,00,000/- WITH 12% INTEREST AND ETC. - 9 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS IN MFA No.201502/2024: BETWEEN: VEERESH S/O MARGAPPA AGE 23 YEARS, OCC. COOLIE R/O. JAWAHAR NAGAR, HUDA TQ. SEDAM, DIST. KALABURAGI-585102. …APPELLANT (BY SRI BABU H. METAGUDDA, ADVOCATE) AND: 1. HATTERIKE GURURAJ S/O. HATTERIKE CHANNAPPA AGE 42 YEARS, OCC. OWNER OF TATA INDICA CAR NO.TS-07/HF-5124 R/O. H.NO.2-75, YOUTH COLONY, OLD HAFEEZ PET, MIYAPUR, RANGAREDDY DIST. (TS) 2. THE DEPOT MANAGER NEKRTC DIVISION NO. 2, KALABURAGI-585102. VEHICLE BUS NO.KA-32/F-2341. …RESPONDENTS (BY SMT. CHANDRAKALA, ADV. FOR R1; SRI SHARANABASAPPA M. PATIL, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, PRAYING TO A) CALL FOR THE RECORDS IN MVC NO.659/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT AT SEDAM; B) ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 27.02.2023 PASSED IN MVC NO.659/2021 BY THE SENIOR CIVIL JUDGE AND MACT AT SEDAM AND ENHANCING THE COMPENSATION FROM RS.5,54,573/- WITH 6% INTEREST TO RS.35,00,000/- WITH 12% INTEREST AND ETC. - 10 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS IN MFA No.201983/2024: BETWEEN: RAJU @ TIPPANNA S/O AMRUTH AGE 25 YEARS, OCC. COOLIE, R/O. JAWAHAR NAGAR, HUDA TQ. SEDAM, DIST. KALABURAGI-585102. …APPELLANT (BY SRI BABU H METAGUDDA, ADVOCATE) AND: 1. HATTERIKE GURURAJ S/O. HATTERIKE CHANNAPPA AGE 42 YEARS, OCC. OWNER OF TATA INDICA CAR NO.TS-07/HF-5124 R/O. H.NO.2-75, YOUTH COLONY, OLD HAFEEZ PET, MIYAPUR, RANGAREDDY DIST. (TS) 2. THE DEPOT MANAGER NEKRTC DIVISION NO.2, KALABURAGI-585102. VEHICLE BUS NO.KA-32/F-2341. …RESPONDENTS (BY SMT. CHANDRAKALA, ADV. FOR R1; SRI SHARANABASAPPA M. PATIL, ADV. FOR R2) THIS MFA IS FILED U/S. 173(1) OF MV ACT 1988, PRAYING TO A) CALL FOR THE RECORDS IN MVC NO.657/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT-AT SEDAM; B) ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 27-02-2023 PASSED IN MVC NO. 657/2021 BY THE SENIOR CIVIL JUDGE AND MACT-SEDAM. AND ENHANCING THE COMPENSATION FROM RS.8,08,776/- WITH 6% INTEREST TO RS. 35,00,000/- WITH 12% INTEREST; ALLOW THIS APPEAL AND DIRECT THE RESPONDENT NO-2 PAY THE COMPENSATION TO CLAIMANT/APPELLANT, IN THE INTEREST OF JUSTICE AND EQUITY. - 11 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS THESE APPEALS ARE COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH AND HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M.NADAF) These eight appeals, four are by the insurer and four by the claimants, though in different claim petitions, since all are arising out of same accident are taken together for common disposal by this single order. 2. Both the Corporation, as well as the claimants are in appeal calling in question the common order dated 27.02.2023, passed by the Senior Civil Judge and MACT, Sedam (for short, ‘the Tribunal’), in MVC Nos.657/2021, 658/2021, 659/2021 and 660/2021. The appellant – Corporation is in appeals calling the liability to the extent of 50% fastened on the driver of the bus belonging to the Corporation so also on the quantum. Whereas, the - 12 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS claimants are in appeals calling in question the liability to an extent of 50% fastened on the driver of the Indica Car, wherein the claimants were inmates and sought an order directing the insurance company to pay and recover the same from the owner of the Car as there are involvement of more than two vehicles and they being third parties to the bus. Also sought for enhancement of compensation. 3. The date of accident, involvement of vehicles, injures sustained by the claimants as well as death of Devaraj @ Devappa S/o Hanmanta in MVC No.660/2021 are not in dispute. The dispute involved in these appeals according to the appellant – Corporation is fastening of 50% contributory negligence on the driver of the bus belonging to the Corporation, so also the quantum of compensation in the alternative. 4. Sofar as appellants/claimants are concerned, the liability fastened on the driver of the offending vehicle who is also claimant in MVC no.658/2021 to the extent of - 13 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS 50% towards contributory negligence or in the alternative directing the Corporation to pay and recover the same from the owner of the Car. 5. Heard Sri Sharanabasappa M. Patil, learned counsel appearing for the appellant/Corporation and Sri Babu H. Metagudda, learned counsel appearing for the injured/deceased/appellants-claimants in all the appeals and Smt. Chandrakala, learned counsel appearing for the respondent - owner of the offending Car in all the appeals. 6. Sri Sharanabasappa M. Patil taking us through the judgment and award vehemently submitted that, the police have registered case against both the drivers of the Bus, as well as the Car for the offences punishable under Sections 279, 338 and 304-A of IPC and after completion of the investigation, filed the charge sheet against the drivers of Car as well as bus. However, the fact remains that it is the driver of the car who had gone on the extreme wrong side and dashed against the bus whereas - 14 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS the driver of the Bus was driving it on the proper side. In these circumstances, the entire liability ought to have been fastened on the driver of the offending car, as he, who is responsible for rash and negligent driving, which ultimately resulted in accident, causing injury as well as death of inmates of the car. The Tribunal having considered these aspects of the matter ought to have held that the driver of the offending car is responsible for the accident and fastened entire liability on the owner of the car. However, the Tribunal has fastened 50% contributory negligence each on the driver of the bus as well as car. As such, the same requires interference at the hands of this Court. In the alternative, he submits that the compensation awarded in each of the claim petitions are exorbitant and requires re-determination. Accordingly, he sought to allow the appeal filed by the Corporation and dismiss the appeal filed by the claimants. 7. Refuting the submissions of learned counsel for the appellant – Corporation, Sri Babu H. Metagudda with - 15 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS all vehemence submits that the Tribunal answered issue framed with respect to rash and negligent driving, both the driver of Car as well as bus, which has resulted in accident, answered the issue in affirmative holding that both the drivers are responsible for the accident. Though the charge-sheet filed against both the drivers, the bus being the heavy vehicle, the contributory negligence fastened at 50% each requires modification and reduction sofar as the driver of the car is concerned. 8. To buttress his argument, he has relied on the judgment of Hon’ble Apex Court in the case of A.P. State Road Transport Vs. K. Hemalatha1 and stressed on para No.7 to contend that, it becomes relevant to ascertain who was driving the vehicle rash and negligently and in case both were so doing, who were more responsible for the accident and who of the two had the last opportunity to avoid the accident. In the instant case, though as per the charge-sheet, the car driver was negligent in driving on 1 Laws (SC) 2008 536 - 16 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS the wrong side but the driver of the offending bus having seen the car coming on the wrong side, if he was little circumspect could have avoided the accident. In these circumstances, the driver of the bus had the last opportunity to avoid the accident. The Tribunal failed to consider this aspect of the matter and mechanically fastened contributory negligence at 50% on the driver of the Car which requires re-consideration. 9. Sofar as compensation is concerned, the Tribunal in all the cases has not awarded appropriate compensation in terms of ‘Just compensation’ and the same requires re-determination in respect in injury as well as death claims. Accordingly, he sought to allow the appeals filed by the claimants, modify contributory negligence saddled on the driver of the Car and fasten the entire liability on the driver of the bus or in the alternative reduce contributory negligence. Further, he has submitted that in the event the contributory negligence is retained as there are two vehicles involved, the Tribunal in view of - 17 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS settled position of law direct the Corporation to pay the entire amount and recover 50% from the insured/owner as the injured – claimants as well as deceased are third parties sofar as bus is concerned. Accordingly, he sought to allow the appeals filed by the appellants-claimants and dismiss the appeal filed by the Corporation. 10. Having heard the learned counsel for the parties, perused the records of all appeals as well as the trial Court record, the points that would arise for our consideration are that: 1) Whether the Tribunal is justified in fastening 50% contributory negligence each on the driver of the Car as well as bus involved in the accident?” 2) Whether the compensation awarded by the Tribunal in each of the claim petitions requires interference and modification? 3) Whether the claimants have made out a case to direct the Corporation to pay 50% compensation in view contributory - 18 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS negligence fastened on the driver of the offending Car and recover the same from the owner of the offending Car? 11. Our answer to the above points are as under: Point No.1 : In Affirmative Point No.2 : Partly in Affirmative Point No.3 : Partly in Affirmative for the following: REASONS Point No.1: 12. The appeal in MFA No.201715/2024 by the claimant/appellant (driver of the offending car) and MFA No.202447/2023 by the Corporation calling in question the judgment and award passed by the Tribunal in MVC No.658/2021. The Tribunal after going through entire materials placed before it appreciated the same in proper manner in terms of law and held that as per the charge-sheet, both the drivers of the Car as well as bus - 19 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS have contributed to the accident equally. The driver of the Car was on the wrong side and as the driver of the bus who could have avoided the accident, if little circumspect held both have contributed equally and fastened 50% contributory negligence on each in view of the documents and oral evidence. We do not find any infirmities sofar as fastening of 50% contributory negligence on each of the driver. 13. The judgment relied on by the learned counsel for the appellant-claimants, Sri Babu H. Metagudda requires to be read against the driver of car also, if the driver of the offending vehicle had been little cautious and circumspect while driving the vehicle could have avoided the accident. In these circumstances, the judgment will not come to the aid of the appellants either to reduce the contributory negligence or fastening it in its entirety on the driver of the bus. Accordingly, point No.1 is answered in affirmative holding that the Tribunal is justified in - 20 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS fastening the contributory negligence on both the drivers of the vehicles involved in the accident. 14. Sofar as pay and recover in respect of all these appeals are concerned, since the claimant in MVC.No.658/2021 the driver of offend car bearing the wrongdoer, though in the case on hand, two vehicles involved in the accident, it would be unfair to issue direction to the corporation to pay and recover from the owner of the car since the same amounts to praising the wrongdoer. In these circumstances, the contention of the case learned counsel for claimant in the particular to pay and recover required to be rejected and accordingly rejected. 15. Insofar as enhancement of compensation in the appeal filed by the claimant in MFA No.201715/2024 and connected appeal filed by the Corporation in MFA No.202447/2023, we find no infirmities in the compensation awarded by the Tribunal for the injuries - 21 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS suffered. The Tribunal has awarded a total compensation of Rs.5,85,890/- with interest @ 6% per annum for injuries suffered i.e., fracture of left femur and cut lacerated over the right forehead and chin is just and proper. Accordingly, both the above appeals require to be dismissed and accordingly dismissed. 16. For the reasons stated supra, sofar as contributory negligence is concerned, the other three appeals filed by the Corporation on liability required to be dismissed, accordingly they are dismissed. 17. Sofar as the appeals seeking for enhancement as well as direction to the Corporation to pay and recover, contended by Sri Babu H. Metagudda, we find considerable legal force in the submission. It is trite that, there are more than one vehicles, anyone of the insurer or Corporation as the case may be shall be directed to pay and recover the amount from the owner/insurer of the other offending vehicle since the injured/deceased being - 22 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS third parties to the other offending vehicle which is directed to pay and recover. In the case on hand, except driver, other injured and deceased were inmates of the Car and they are third parties to the bus belonging to the Corporation. The inmates are not responsible towards contributory negligence as this Court finds that it is the driver who is responsible for the accident as rightly found by the Tribunal. This Court is inclined to extend the doctrine of pay and recover in these cases. Since the policy of the car is an act policy and the inmates being third parties to the bus, justice and equity demands a direction to the Corporation to pay the amount of compensation to the extent of 50% fastened on the driver of the Car/owner of the car and then recover the same from the owner of the offending Car, otherwise, the award would remain as a paper award as the claimants may not be able to recover the same. One more reason for the view taken by us is, the Motor Vehicle Act being a beneficial legislation, the object of the Act is in the benefit - 23 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS of the persons who are victims of the accident, by lending a helping hand, though the compensation paid may not put them back to the original position prior to accident but the same may provide some solace to the injured as well as legal representatives of dead in the accident. Accordingly, we answer point No.3 for consideration in favour of injured and legal representatives of deceased partly in affirmative. 18. Sofar as enhancement is concerned, the Tribunal has awarded appropriate compensation in MVC No.660/2021, in all heads which does not call for any interference. However, the Tribunal ought to have awarded 10% escalation for each completed three years from 2017 in terms of the law laid down by the Hon’ble Apex Court in the case of National Insurance Co. Ltd. Vs. Pranay Sethi2 and Rasmita Biswal & others vs. Divisional Manager, National Insurance Company 2 (2017) 16 SCC 680 - 24 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS Limited and Another3, on the compensation awarded under conventional head. 19. Sofar as other two appeals being MFA Nos.201502/2024 and 201983/2024 are concerned in both the appeals, the appellants are injured. MFA No.201502/2024 is arising out of MVC No.659/2021 and MFA No.201983/2024 is arising out of MVC No.657/2021. In both these appeals, the compensation awarded by the Tribunal requires re-consideration under the heads pain and suffering, loss of amenities, loss of income during laid up period and loss of future earning capacity, as the compensation awarded under these heads when compared to the injuries sustained are considerably meager. 20. Thus, on re-determination and re-consideration, in MFA No.201195/2024 (MVC No.660/2021) the claimants/appellants are entitled for total compensation as follows: 3 (2022) 2 SC 767 - 25 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS Heads of compensation Amount Loss of Dependency : Rs. 32,31,000/- Loss of Estate : Rs. 15,000/- Loss of Funeral Expenses : Rs. 15,000/- Loss of spousal Consortium : Rs. 40,000/- Loss of parental consortium for two children (40,000 x 2) Rs. 80,000/- Loss of filial consortium to parents (40,000 x 2) Rs. 80,000/- 10% escalation for three completed years [2,00,000 + 15,000 + 15,000 (3 years)] : Rs. 23,000/- TOTAL : Rs. 34,84,000/- 21. The total compensation re-determined by this Court works out to Rs.34,84,000/- as against Rs.34,61,000/-, awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of filing of the petition till realization. 22. On re-determination and re-consideration, in MFA No.201502/2024 (MVC No.659/2021), the - 26 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS claimants/appellants are entitled for total compensation as follows: Heads of compensation Amount Towards pain and suffering : Rs. 30,000/- Medical expenses : Rs. 89,773/- Food and extra nourishment and medical attendant : Rs. 3,500/- Conveyance charges : Rs. 10,000/- Future medical expenses : Rs. 75,000/- Loss of income during treatment (Rs.14,250 x 3) : Rs. 28,500/- Loss of income due to permanent disability : Rs. 3,07,800/- Deprivation of future amenities : Rs. 50,000/- TOTAL : Rs. 5,94,573/- 23. The total compensation re-determined by this Court works out to Rs.5,94,573/- as against Rs.5,54,573/-, awarded by the Tribunal along with interest at 6% per annum from the date of filing of the petition till realization. - 27 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS 24. On re-determination and re-consideration, in MFA No.201983/2024 (MVC No.657/2021), the claimant/appellant is entitled for total compensation as follows: Heads of compensation Amount Towards pain and suffering : Rs. 50,000/- Medical expenses : Rs. 3,11,476/- Food and extra nourishment and medical attendant : Rs. 6,000/- Conveyance charges : Rs. 10,000/- Future medical expenses : Rs. 75,000/- Loss of income during treatment (Rs.14,250 x 3) : Rs. 42,750/- Loss of income due to permanent disability (14,250x12x18x15/100) : Rs. 4,61,700/- Deprivation of future amenities : Rs. 50,000/- TOTAL : Rs. 10,06,926/- 25. The total compensation re-determined by this Court works out to Rs.10,06,926/- as against Rs.8,08,776/-, awarded by the Tribunal along with interest - 28 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS at 6% per annum from the date of filing of the petition till realization. 26. For the foregoing reasons, the points for consideration are answered accordingly and we proceed to pass the following: ORDER i) The appeals filed by the Corporation in MFA No.202446/2023, 202447/2023, 202507/2023, 202581/2023 and MFA No.201715/2024 filed by the claimant/appellant are hereby dismissed; ii) MFA No.201195/2024 is allowed in part. The judgment and award passed by the Tribunal dated 27.02.2023, in MVC No.660/2021, is modified and is re-determined at Rs.34,84,000/- as against Rs.34,61,000/-. The re-determined compensation shall carry interest at the rate of 6% per annum from the date of petition till realization. iii) In MFA No.201502/2024 is allowed in part. The judgment and award passed by the Tribunal dated 27.02.2023, in MVC No.659/2021, is - 29 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS modified and is re-determined at Rs.5,94,573/- as against Rs.5,54,573/-. The re-determined compensation shall carry interest at the rate of 6% per annum from the date of petition till realization. iv) In MFA No.201983/2024 is allowed in part. The judgment and award passed by the Tribunal dated 27.02.2023, in MVC No.657/2021, is modified and is re-determined at Rs.10,06,926/- as against Rs.8,08,776/-. The re-determined compensation shall carry interest at the rate of 6% per annum from the date of petition till realization. v) The amount in deposit in all the appeals filed by the Corporation shall be transmitted to the concerned Tribunal in the respective claim petitions forthwith for disbursement. vi) The appellant – Corporation is hereby directed to pay entire re-determined compensation in MVC Nos.657/2021, 659/2021, 660/2021 with liberty to recover 50% from the owner of the offending Car. - 30 - HC-KAR NC: 2025:KHC-K:5093-DB MFA No. 201715 of 2024 C/W MFA No. 202446 of 2023 MFA No. 202447 of 2023 AND 5 OTHERS vii) The appellant / Corporation shall deposit balance re-determined compensation in the aforesaid claim petitions i.e., in MVC Nos.657/2021, 659/2021 and 660/2021 before the concerned Tribunal, within six weeks from the date of receipt of copy of this order. viii) Disbursement as well as apportionment in respect of MVC No.660/2021 is as per the order passed by the Tribunal. ix) Sofar as injury claims being MVC Nos.657/2021, 659/2021 upon deposit, the entire amount with interest shall be released in favour of claimant respectively, on proper identification. x) No order as to costs. Sd/- (H.P.SANDESH) JUDGE Sd/- (T.M.NADAF) JUDGE BL List No.: 1 Sl No.: 24/CT:JLR