- 1 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 101384 OF 2022 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 103127 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 103128 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 101486 OF 2022 IN MFA NO.101384/2022: BETWEEN: SRI. MALLIKARJUNA S/O. SRI. VEERANAPPA, AGED ABOUT 61 YEARS, OCC. CONTRACTOR, R/O. 8TH WARD, HUVINAHADAGALI, NOW PRESENTLY RESIDING BEHIND KMF DAIRY, INDIRANAGAR, BALLARI-583101. ...APPELLANT (BY KUM. RESHMA MADIWALAR, ADVOCATE FOR SRI. T HANUMAREDDY, ADVOCATE) AND: 1. VINAYKUMAR S/O. DAKSHINAMURTHY, AGED ABOUT 31 YEARS, OCC. DRIVER CUM OWNER OF THE INDICA CAR BEARING REGISTRATION NO. KA-45/1574, R/O. KANNIHALLI, ITTIGI POST, H B HALLI TALUK, BALLARI DISTRICT, NOW VIJAYANGARA DISTRICT-583212. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.10 12:22:46 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER 2. THE DIVISIONAL MANAGER IFFCO –TOKIO GENERAL INSURANCE COMPANY LTD., #102, 1ST FLOOR, R.K. COMPLEX, K.C.ROAD, BALLARI-583101. 3. DEVAPPA S/O. KALAPPA, AGED ABOUT 41 YEARS, OCC. DRIVER OF KSRTC BUS BEARING NO.KA-34-F-120, R/O. KITTNOOR VILLAGE, H.B. HALLI TALUK, BALLARI DISTRICT, NOW VIJAYANAGARA DISTRICT-583212. 4. THE DIVISIONAL MANAGER NEKRTC HOSAPETE DEPOT, BALLARI DISTRICT, NOW VIJAYANAGARA-583201. …RESPONDENTS (BY SRI. R.R. MANE, ADVOCATE FOR R2; SRI. S.C. BHUTI, ADVOCATE FOR R4; R1- HELD SUFFICIENT; R3-NOTICE SERVED) THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.01.2018 PASSED IN MVC NO.287/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-III, AT BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO.103127/2018: BETWEEN: THE DIVISIONAL MANAGER NEKRTC HOSAPETE DEPOT, BALLARI DISTRICT, REPRESENTED BY CHIEF LAW OFFICER. ...APPELLANT (BY SRI. S.C. BHUTI, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER AND: 1. SRI. MALLIKARJUNA S/O. SRI.VEERANA, AGED ABOUT 58 YEARS, CONTRACTOR, R/O. 8TH WARD, HUVINAHADAGALI, NOW PRESENTLY RESIDNG BEHIND KMF DAIRY, INDIRA NAGAR, BALLARI-583101. 2. VINAYKUMAR S/O. DAKSHINAMURTHY, AGED ABOUT 27 YEARS, OCC. DRIVER CUM OWNER OF THE INDICA CAR BEARING REGISTRATION NO. KA-45/1574, R/O. KANNIHALLI, ITTIGI POST, H B HALLI TALUK, BALLARI DISTRICT, NOW VIJAYANGARA DISTRICT-583212. 3. THE DIVISIONAL MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., #102, 1ST FLOOR, R.K. COMPLEX, K.C. ROAD, BALLARI-583101. 4. DEVAPPA S/O. KALAPPA, AGED ABOUT 38 YEARS, DRIVER OF KSRTC BUS BEARING NO.KA-35/F-120, R/O. KITTANOOR VILLAGE, H.B. HALLI TALUK, BALLARI DISTRICT-583212. …RESPONDENTS (BY KUM RESHMA MADIWALAR, ADVOCATE FOR SRI. T. HANUMAREDDY, ADVOCATE FOR R1; R2-HELD SUFFICIENT; SRI. M.K. SOUDHAGAR, ADVOCATE FOR R3; R4-NOTICE SERVED) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 06.01.2018 PASSED IN MVC NO.287/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-III, BALLARI, AWARDING COMPENSATION OF - 4 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER RS.6,51,000/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION. IN MFA NO.103128/2018: BETWEEN: THE DIVISIONAL MANAGER NEKRTC HOSAPETE DEPOT, BALLARI DISTRICT, REPRESENTED BY CHIEF LAW OFFICER. ...APPELLANT (BY SRI. S C BHUTI, ADVOCATE) AND: 1. SRI. MALLIKARJUNA V. PATIL S/O. SRI. K. VEERANA, AGED ABOUT 53 YEARS, OCC. BUSINESS AND AGRICULTURIST AND DIRECTOR OF KMF DIARY, R/O. TUNGABHADRA BADAVANE, HADAGALI, BALLARI DISTRICT, NOW PRESENTLY RESIDING AT BEHIND KMF DAIRY, INDIRA NAGAR, BALLARI-583101. 2. VINAYKUMAR S/O. DAKSHINAMURTHY, AGED ABOUT 27 YEARS, OCC. DRIVER CUM OWNER OF THE INDICA CAR BEARING REGISTRATION NO. KA-45/1574, R/O. KANNIHALLI, ITTIGI POST, H B HALLI TALUK, BALLARI DISTRICT. 3. THE DIVISIONAL MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., #102, 1ST FLOOR, R.K. COMPLEX, K.C. ROAD, BALLARI-583101. 4. DEVAPPA S/O. KALAPPA, AGED ABOUT 38 YEARS, DRIVER OF KSRTC BUS BEARING NO.KA-35/F-120, R/O. KITTANOOR VILLAGE, H.B. HALLI TALUK, BALLARI DISTRICT-583212. …RESPONDENTS (BY KUM RESHMA MADIWALAR, ADVOCATE FOR - 5 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER SRI. T. HANUMAREDDY, ADVOCATE FOR R1; SRI. M.K. SOUDHAGAR, ADVOCATE FOR R3; R2-REFUSED; R4-NOTICE SERVED) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 06.01.2018 PASSED IN MVC NO.288/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-III, BALLARI, AWARDING COMPENSATION OF RS.11,93,000/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION. IN MFA NO.101486/2022: BETWEEN: SRI. MALLIKARJUNA V. PATIL S/O. SRI. K. VEERANA, AGED ABOUT 56 YEARS, OCC. BUSINESS AND AGRICULTURIST AND DIRECTOR OF KMF DIARY, R/O. TUNGABHADRA BADAVANE, HADAGALI, BALLARI DISTRICT, NOW PRESENTLY RESIDING AT BEHIND KMF DAIRY, INDIRA NAGAR, BALLARI-583101. ...APPELLANT (BY KUM RESHMA MADIWALAR, ADVOCATE FOR SRI. T. HANUMAREDDY, ADVOCATE) AND: 1. VINAYKUMAR S/O. DAKSHINAMURTHY, AGED ABOUT 27 YEARS, OCC. DRIVER CUM OWNER OF THE INDICA CAR BEARING REGISTRATION NO. KA-45/1574, R/O. KANNIHALLI, ITTIGI POST, H B HALLI TALUK, BALLARI DISTRICT, VIJAYANAGARA-583212. 2. THE DIVISIONAL MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., #102, 1ST FLOOR, R.K. COMPLEX, K.C. ROAD, BALLARI-583101. - 6 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER 3. DEVAPPA S/O. KALAPPA, AGED ABOUT 41 YEARS, DRIVER OF KSRTC BUS BEARING NO.KA-34/F-120, R/O. KITTANOOR VILLAGE, H.B. HALLI TALUK, BALLARI DISTRICT-583212. 4. THE DIVISIONAL MANAGER NEKRTC HOSAPETE DEPOT, BALLARI DISTRICT, REPRESENTED BY CHIEF LAW OFFICER. …RESPONDENTS (BY SRI. R.R. MANE, ADVOCATE FOR R2; SRI. S.C. BHUTI, ADVOCATE FOR R4; R3-NOTICE SERVED; R1-HELD SUFFICIENT) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.01.2018 PASSED IN MVC NO.288/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-III, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.BARRED BY PERIOD OF LIMITATION. THESE APPEALS, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) NEKRTC1, being aggrieved by the common judgment and award dated 06.01.2018 in MVCs No.287/2015 and 1 North-east Karnataka Road Transport Corporation - 7 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER 288/2015 passed by the Principal Senior Civil Judge and MACT-III, Ballari (‘the Tribunal’ for short), and the petitioners, being dissatisfied with the quantum of compensation awarded by the Tribunal, preferred these appeals. 2. NEKRTC has filed the appeals in MFAs No.103127/2018 and 103128/2018; and the petitioners have filed the appeals in MFAs No.101384/2022 and 101486/2022. 3. Brief facts leading rise to the filing of these appeals are as follows: 3.1. On 31.12.2013, the petitioners in MVCs No.287/2015 and 288/2015 were proceeding in an Indica car bearing Reg.No.KA-45-1574 from Hadagali to Ballari to attend the KMF meeting. The driver of the car drove the car at a great speed, and in a rash and negligent manner. When they came near Smiore Factory, Galemmanagudi Village, Hospete Taluk, Ballari District, the NEKRTC bus - 8 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER bearing Reg.No.KA-35/F-120 came from the opposite direction at a high speed in a rash and negligent manner and dashed against the Indica car. Due to the said impact, Sri. G.Virupakshappa died at the spot and the petitioners in both the claim petitions, sustained a grievous injuries. The petitioners have filed claim petitions under Section 166 of the Motor Vehicles Act, 1988, claiming a compensation the injuries sustained in a road traffic accident. Accordingly, prays to allow the claim petitions. 4. The owner of the Indica car filed a statement of objections admitting the averments made in the claim petition that, he was a driver-cum-owner of the car and he was proceeding slowly and cautiously on the proper side of the road. The NEKRTC bus came at a high speed in a rash and negligent manner, and dashed to his car and due to the negligence of the driver of the NEKRTC bus, the accident occurred. Hence, prays to dismiss the claim petition against the owner of the car. - 9 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER 5. The insurer of the car filed a statement of objections contending that, the car was insured with it, for a period from 22.09.2012 to 21.09.2013 and the accident took place on 31.12.2013. As of the date of the accident, insurance policy was not in force. Hence, pray to dismiss the claim petition against the Insurance Company. 6. The NEKRTC filed a statement of objections contending that, the bus was moving slowly and cautiously on the proper side of the road. It is the car driver, who came at a high speed in a rash and negligent manner and dashed to the bus. There is no negligence on the part of the bus driver. Hence, NEKRTC is not liable to pay the compensation and accordingly, prays to dismiss the claim petition against the NEKRTC. 7. The Tribunal, based on the pleadings of the parties, framed the common issues. 8. The petitioners to substantiate their case, examined themselves as PWs-1 and 2, respectively, also - 10 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER examined the Doctors as PWs-3 and 4, and marked twenty- nine documents as Exs.P1 to P29. The driver of the bus was examined as RW-1, the Assistant Manager of the Insurance Company was examined as RW-2, and marked two documents as Exs.R1 and R2. 9. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part with costs vide judgment dated 06.01.2018 and held that, the petitioner in MVC No.287/2015 is entitled to a compensation of Rs.6,51,000/- and the petitioner in MVC No.288/2015 is entitled to a compensation of Rs.11,93,000/- with interest at the rate of 8% p.a. from the date of the petition till its realisation and directed the owner of the Indica car and NEKRTC to deposit the compensation amount in the ratio of 60:40, respectively. Aggrieved by the quantum of liability, NEKRTC has filed the appeals in MFAs No.103127/2018 and 103128/2018 and being dissatisfied with the quantum of compensation awarded by - 11 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER the Tribunal, the petitioners, have filed the appeals in MFAs No.101384/2022 and 101486/2022. 10. Heard the arguments of learned counsel for the NEKRTC and the petitioners. 11. Learned counsel for NEKRTC submits that, there was a contributory negligence on the part of the driver of the car and he submits that the quantum of liability fastened on NEKRTC i.e., 40% is on the higher side. He submits that, the driver of the car has contributed more for the cause of the accident. He submits that, the compensation awarded by the Tribunal is on the higher side. Hence, on these grounds, he prays to allow the appeals filed by NEKRTC, and dismiss the appeals filed by the petitioners. 12. Per contra, learned counsel for the petitioners submits that, the Tribunal was justified in fastening the liability in the ratio of 60:40 on the driver-cum-owner of the car, and the NEKRTC, respectively. She also submits that, - 12 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER the compensation amount awarded by the Tribunal is on the lower side. Hence, she prays to allow the appeals filed by the petitioners, and dismiss the appeals filed by NEKRTC. 13. Perused the records and considered the submissions of learned counsel for the parties. 13.1. The points that would arise for consideration are regarding the liability and the quantum of compensation. Reg. Liability: 14. There is no dispute that the accident occurred due to a rash and negligent driving by the drivers of the bus and the car. To prove the same, the petitioners have produced a certified copy of the charge sheet marked at Ex.P5. From perusal of Ex.P5, it is clear that the accident occurred due to a rash and negligent driving by the drivers of the bus and the car. The car driver was more aggressive than that of the bus driver. The Tribunal has taken into consideration the sketch produced by the petitioners. - 13 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER Further admittedly, as of the date of accident, the insurance policy of the car was expired. The accident took place on 31.12.2013, but the insurance policy was expired on 21.09.2013. The Tribunal, considering the charge sheet filed against both the driver of the car and NEKRTC bus, where the driver of the car was shown as accused No.1, was justified in apportioning the liability in the ratio of 60:40, respectively. Thus, Respondents No.1 and 3 i.e., driver of the car and the bus being tort feasors, are liable to pay the compensation in the ratio of 60:40, respectively. Since, there was no insurance policy to the car, the driver- cum-owner of the car alone is liable to pay 60% of the compensation amount, and the NEKRTC, being the owner- cum-internal insurer, is liable to pay 40% of the compensation amount to the petitioners. I do not find any error in fastening of the liability and apportionment of liability by the Tribunal. - 14 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER Reg. Quantum of compensation: 15. Insofar as the quantum of compensation is concerned, the petitioners, to substantiate their case, have not produced any proofs of income. In the absence of income proof, the Tribunal should have taken the notional income as per the chart issued by the Karnataka State Legal Services Authority. Admittedly, the accident occurred in 2013; therefore, the notional income of the petitioners as per the said chart has to be taken at Rs.7,000/-. 16. The petitioner in MVC No.287/2015 is aged 55 years old as of the date of the accident. 10% of the future prospects is to be added to his notional income in view of the law laid down by the Hon’ble Supreme Court in the case of National Insurance Co. Ltd. Vs. Pranay Sethi and Others2 i.e., Rs.7,000/- + 10% = Rs.7,700/-. The petitioner, to prove his disability, has examined the Doctor as PW-4, who opined that, the petitioner has suffered 25% 2 2017 (16) SCC 680 - 15 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER permanent physical disability, wherein the Tribunal has taken the disability at 20%, which is just and proper. Thus, considering the evidence of the Doctor, this Court is of the opinion that the compensation awarded under the head loss of future income has to be reduced from Rs.3,96,000/- to Rs.2,03,280/- (Rs.7,700/- x 12 x 11 x 20%). Thus, the petitioner is entitled to a total compensation as follows: Particulars Compensation awarded in Rs. By the Tribunal By this Court Pain and sufferings 40,000/- 40,000/- Loss of income during laid up period 30,000/- 30,000/- Diet, food, nourishment, conveyance and other incidental expenses 30,000/- 30,000/- Medical expenses 20,000/- 20,000/- Future medical expenses 10,000/- 10,000/- Loss of future income 3,96,000/- 2,03,280/- Loss of amenities and discomfort 50,000/- 50,000/- For permanent physical impairment 75,000/- 75,000/- Total 6,51,000/- 4,58,280/- Reduced by this Court 1,92,720/- - 16 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER 17. The petitioner in MVC No.288/2015 is aged 50 years old as of the date of the accident. However, the medical records, and police papers reveal that he is aged 45, 50, 52, 53, 54, and 58 years old as of the date of the accident. 10% of the future prospects is to be added to his notional income in view of the law laid down by the Hon’ble Supreme Court in the case of Pranay Sethi (supra) i.e., Rs.7,000/- + 10% = Rs.7,700/-. The petitioner, to prove his disability, has examined the Doctor as PW-3, who opined that, the petitioner has suffered 22% permanent physical disability, wherein the Tribunal has taken the disability at 15%, which is just and proper. Thus, considering the evidence of the Doctor, this Court is of the opinion that the compensation awarded under the head loss of future income has to be reduced from Rs.4,95,000/- to Rs.1,52,460/- (Rs.7,700/- x 12 x 11 x 15%). Thus, the petitioner is entitled to a total compensation as follows: - 17 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER Particulars Compensation awarded in Rs. By the Tribunal By this Court Pain and sufferings 60,000/- 60,000/- Loss of income during laid up period 50,000/- 50,000/- Diet, food, nourishment, conveyance and other incidental expenses 50,000/- 50,000/- Medical expenses 4,18,000/- 4,18,000/- Future medical expenses 20,000/- 20,000/- Loss of future income 4,95,000/- 1,52,460/- Loss of amenities and discomfort 40,000/- 40,000/- For permanent physical impairment 60,000/- 60,000/- Total 11,93,000/- 8,50,460/- Reduced by this Court 3,42,540/- 18. In view of the above discussion, I proceed to pass the following: ORDER i. MFAs No.103127/2018 and 103128/2018 are allowed-in-part; - 18 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER ii. MFAs No.101384/2022 and 101486/2022 are dismissed; iii. The impugned common judgment and award dated award dated 06.01.2018 in MVCs No.287/2015 and 288/2015 passed by the Tribunal is hereby modified; iv. The Petitioners in MVCs No.287/2015 and 288/2015 are entitled to a total compensations of Rs.4,58,280/- and Rs.8,50,460/- respectively, with interest at the rate of 6% p.a. from the date of the petition till its realisation. v. Respondent No.1-owner of the Indica car and respondent No.4-NEKRTC are directed to deposit the total compensation in the ratio of 60:40 respectively, within eight weeks from the date of receipt of a certified copy of this judgment; vi. Trial Court records and the amount in deposit, if any, shall be transmitted to the Tribunal, forthwith. - 19 - HC-KAR NC: 2025:KHC-D:11225 MFA No. 101384 of 2022 C/W MFA No. 103127 of 2018 MFA No. 103128 of 2018 AND 1 OTHER vii. In view of disposal of the appeals, pending interlocutory applications, if any, shall stand disposed of. Sd/- (ASHOK S. KINAGI) JUDGE PA CT: PA LIST NO.: 1 SL NO.: 37