- 1 - HC-KAR NC: 2025:KHC-K:5533-DB MFA No. 202055 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCL. FIRST APPEAL NO.202055 OF 2023 (MV-D) BETWEEN: THE DIVISIONAL CONTROLLER, NEAR NEKRTC WORKSHOP, VIJAYAPURA. …APPELLANT (BY SRI. DEEPAK V. BARAD, ADVOCATE) AND: 1. YAMANAVVA W/O RAMAZANSAB PINJAR, AGE: 39 YEARS OCC: H.H. WORK, 2. RAMAZANSAB S/O BUDDESAB PINJAR, AGE: 45 YEARS, OCC: COOLIE, BOTH ARE R/O. KARAKUR, TQ. MUDDEBIHAL, DIST. VIJAYAPURA-586 101. …RESPONDENTS (BY SRI. GOPAL KRISHNA B. YADAV, ADV. FOR C/R1 AND R2) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:5533-DB MFA No. 202055 of 2023 THIS MFA IS FILED U/S 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL AND CONSEQUENTLY BE PLEASED TO MODIFY JUDGMENT AND AWARD DATED 27.01.2023 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND MACT-VIII AT MUDDEIBHAL IN MVC NO.558/2019 BY EXONERATING THE LIABILITY FROM THE APPELLANT ALSO BE PLEASED TO REDUCE THE COMPENSATION SUITABLY. THIS APPEAL COMING ON FOR ADMISSION, 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) This appeal is by the appellant – Corporation calling in question the judgment and award dated 27.01.2023 in MVC No.558/2019, passed by the Senior Civil Judge and MACT-VIII at Muddebihal (for short, ‘the Tribunal’) only on the ground of liability. 2. The date of accident, involvement of vehicle, death of deceased Buddesab S/o Ramazansab Pinjar are - 3 - HC-KAR NC: 2025:KHC-K:5533-DB MFA No. 202055 of 2023 not in dispute. The only dispute as per the appellant – Corporation is that the tribunal has erred in not considering the contributory negligence on the part of the deceased. 3. Heard Sri. Deepak.V.Barad, learned counsel for the appellant and Sri.Gopal Krishna.B.Yadav, learned counsel for caveator respondent Nos.1 and 2. 4. Sri. Deepak.V.Barad, vehemently submits that the deceased while riding the motorcycle moved on right side beyond permissible road use as per traffic rules caused the accident. As such, the Tribunal ought to have fastened the appropriate contributory negligence on the deceased. Accordingly, sought to allow the appeal and modify the award and reduce the compensation. 5. Refuting the submission of the learned counsel for the appellant – Corporation, Sri.Gopal Krishna.B.Yadav submits that though the Corporation has taken a contention regarding the contributory negligence, - 4 - HC-KAR NC: 2025:KHC-K:5533-DB MFA No. 202055 of 2023 however, they have not lead any independent witness to show the contributory negligence on the part of the deceased. The spot sketch produced at Ex.P.3 clearly shows that the driver of the offending bus in the throes of overtaking the motorcycle proceeding ahead on it caused the accident, the entire Police record speaks against the driver of the offending bus. The spot sketch itself discloses regarding the rash and negligent driving of the driver of the bus. The Tribunal having considered the entire material placed before it and framed appropriate issues at issue Nos.1 and 2 and answered the issue No.1 as affirmative, holding that it is the driver of the ‘KSRTC’ bus responsible for rash and negligent driving, whereas answered the issue No.2 in ‘negative’, holding that the deceased was not rash and negligent while riding the motorcycle. In these circumstance, the entire liability fastened on the Corporation, does not call for any interference. Accordingly, sought to dismiss the appeal. - 5 - HC-KAR NC: 2025:KHC-K:5533-DB MFA No. 202055 of 2023 6. Having heard the learned counsel for the parties, perused the appeal papers as well as trial Court record, the only point that would arise for our consideration is: “Whether the Tribunal is justified in fastening the entire liability on the driver of the offending bus, whereby directing the Corporation to make good the compensation while answering issue Nos.1 and 2 against the Corporation and in favour of the claimant?” 7. Our answers to the above point for consideration is ‘Affirmative’ for the following; REASONS A perusal of the record placed before the Tribunal, especially Ex.P.3 the spot sketch, lucidly shows that the accident has occurred on 20.11.2018 on left side of the road. As per the recitals of the charge sheet, it is clear as daylight that it is the driver of the bus who was driving the - 6 - HC-KAR NC: 2025:KHC-K:5533-DB MFA No. 202055 of 2023 bus in a rash and negligent manner, while overtaking the motorcycle proceeding ahead caused accident resulting in death of Buddesab. The Tribunal having considered all these materials come to an irresistible conclusion while answering both the issues against the Corporation that, it is the driver of the bus responsible for rash and negligent driving. Accordingly, saddled entire liability on the Corporation to make good compensation. 8. The Tribunal at paragraph No.11 has clearly stated that the driver of the offending bus in his cross- examination he has admitted that the police have registered criminal case against him and filed charge sheet which is pending before the Hunagund Court. Further he has admitted that not challenged the charge sheet filed against him before the appropriate forum/Court. Though, the driver has stated that he has lodged complaint against the rider of the motorcycle, but stated that the same was not registered by the Investigation Officer. However he has not taken any further action on the same. In these - 7 - HC-KAR NC: 2025:KHC-K:5533-DB MFA No. 202055 of 2023 circumstances, we find no infirmities in the findings of the Tribunal while answering issue Nos.1 and 2. Accordingly, there is no infirmities which call for any interference in the judgment and award passed by the Tribunal. Accordingly, we proceed to pass the following: O R D E R (i) The appeal is sans merit and accordingly, same stands dismissed. (ii) The amount in deposit shall be transferred forthwith to the concerned Tribunal for disbursement. (iii) Balance amount with accrued interest as per the order be deposited as per the order of the Tribunal. Sd/- (H.P.SANDESH) JUDGE Sd/- (T.M.NADAF) JUDGE AMM List No.: 1 Sl No.: 39 CT: AK