- 1 - HC-KAR NC: 2025:KHC-D:8949 MFA No. 100331 of 2017 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.100331 OF 2017 (MV-D) BETWEEN: THE DIVISIONAL CONTROLLER, NEKRTC, KALBURAGI DIVISION, KALBURAGI, REPRESENTED BY CLO, NEKRTC, CENTRAL OFFICE, SARIGE SADHAN, KALBURGI-585 101. … APPELLANT (BY SRI S.C. BHUTI, ADVOCATE) AND: 1. SMT. SARASWATI W/O MAHABALESHWAR BHAT, AGE: 66 YEARS, OCC: NIL, R/O: MALKODLU, BENGRE, MURADESHWAR, TQ: BHATKAL, DIST: UTTAR KANNADA-581 320. 2. SHRI NAGARAJ S/O MAHABALESHWAR BHAT, AGE: 42 YEARS, OCC: BUSINESS, R/O: MALKODLU, BENGRE, MURADESHWAR, TQ: BHATKAL, DIST: UTTAR KANNADA-581 320. … RESPONDENTS (BY SRI A.R. NAIK, ADVOCATE FOR R1 AND R2.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 01.07.2016, PASSED IN MVC NO.81/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, HONNAVAR (SANCHARI NYAYALAY, BHATKAL) AND ETC.,. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.08.14 12:07:06 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8949 MFA No. 100331 of 2017 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the NEKRTC challenging the judgment and award dated 01.07.2016, passed by the Senior Civil Judge and Member, MACT, Honnavar, in MVC No.81/2015, seeking to reduce the compensation as well as questioning the entire rash and negligent attributed on the driver of the NEKRTC bus. 2. Heard the arguments and perused the material placed before the Court. 3. On 10.08.2014, when the deceased Mahabaleshwar Subray Bhat was going on his motorcycle bearing No.KA-47/E-9444, he was hit by NEKRTC bus, due to which the deceased succumbed to the injuries on the way to hospital. The claimants filed claim petition stating that the deceased was a partner in a partnership firm of cashew nuts. The tribunal taken monthly income of the deceased at Rs.10,000/- per month and accordingly awarded compensation by deducting 50% of the - 3 - HC-KAR NC: 2025:KHC-D:8949 MFA No. 100331 of 2017 compensation towards his personal and living expenses. Being aggrieved by it, the appeal is filed by the NEKRTC seeking reduction of compensation and also raised another ground that the deceased has also contributed towards negligence, but wrongly fastened entire liability on the part of NEKRTC bus driver. 4. Considering the oral and documentary evidence i.e., the complaint, FIR, charge sheet, the entire allegation is against the driver of NEKRTC bus. Though the driver was examined as RW.1, his evidence is not corroborated by any documentary evidence. Therefore, evidence of RW.1 is at the most self explanatory evidence. Whereas, the evidence of PW.1 is corroborated by documentary evidence. Therefore, it is proved that the accident is caused entirely due to rash and negligent driving of the NEKRTC bus by its driver. 5. Further, with regard to quantum of compensation, considering the profession of the deceased, - 4 - HC-KAR NC: 2025:KHC-D:8949 MFA No. 100331 of 2017 the tribunal has rightly taken monthly income of Rs.10,000/- per month based on Exs.P.4 and P.5 partnership deeds produced proving the fact that the deceased was a partner in the firm. Therefore, the income taken by the tribunal is correct. Since the deceased was aged 70 years old, 50% of the income was deducted towards personal and living expenses. Therefore, the tribunal has correctly assessed the quantum of compensation and awarded just and reasonable compensation. Therefore, there are no good grounds available to interfere with the order of the tribunal. Therefore, the appeal is liable to be dismissed except modification in the rate of interest. 6. The tribunal has awarded interest at the rate of 8% p.a. But the same is scaled down to 6% p.a. from the date of petition till its realization. Only to this aspect the appeal is liable to be allowed in part. Hence, I proceed to pass the following: - 5 - HC-KAR NC: 2025:KHC-D:8949 MFA No. 100331 of 2017 ORDER i) The appeal is allowed in part. ii) The judgment and award dated 01.07.2016, passed by the Senior Civil Judge and Member, MACT, Honnavar, in MVC No.81/2015, is modified holding that the claimant is entitled for interest at the rate of 6% p.a. from the date of petition till realization on the compensation awarded by the tribunal. iii) The amount in deposit shall be transmitted to the tribunal. iv) No order as to costs. v) Draw modified award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 36