- 1 - HC-KAR NC: 2025:KHC:37676-DB MFA No. 2661 of 2016 C/W MFA No. 2662 of 2016 MFA No. 2663 of 2016 AND 5 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 2661 OF 2016 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 2662 OF 2016 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 2663 OF 2016 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 2664 OF 2016 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 2665 OF 2016 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 2666 OF 2016 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 2667 OF 2016 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 2668 OF 2016 (MV-I) IN MFA No. 2661/2016 BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, SHIVAMOGGA DEPOT, BY ITS DEPOT MANAGER, REPRESENTED BY ITS CHIEF LAW OFFICER. …APPELLANT (BY SRI. RENUKA H.R., ADVOCATE) AND: 1. NAGACHANDRA M.N., SINCE DECEASED BY HIS LR, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37676-DB MFA No. 2661 of 2016 C/W MFA No. 2662 of 2016 MFA No. 2663 of 2016 AND 5 OTHERS R.S.SUMITRA, W/O. NAGACHANDRA M.N., AGED ABOUT 52 YEARS, R/O. SURYA KAMALA NILAYA, CHICKPET, TUMAKURU-572 101. 2. RUDRESH, S/O. SHIVAKUMARA, ADULT, NO.18, SIDDAPPANA PALYA, GULUGANJI HALLI, ARIYUR POST, HEBBRU HOBLI, TUMAKURU TALUK, TUMAKURU-572 101. 3. ORIENTAL INSURANCE COMPANY, BRANCH MANAGER, TUMAKURU BRANCH, J.C.ROAD, GRAIN MERCHANT, ASSOCIATION BUILDING, TUMAKURU-572 101. …RESPONDENTS (BY SRI. RAVIKUMARA B.R., ADVOCATE R1; SRI. B.S.UMESH, ADVOCATE FOR R3 R2 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.11.2015 PASSED IN MVC NO.1339/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, & MACT-XI, TUMAKURU, AWARDING COMPENSATION OF Rs.5,80,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 2662/2016 BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, SHIVAMOGGA DEPOT, BY ITS DEPOT MANAGER, - 3 - HC-KAR NC: 2025:KHC:37676-DB MFA No. 2661 of 2016 C/W MFA No. 2662 of 2016 MFA No. 2663 of 2016 AND 5 OTHERS REPRESENTED BY ITS CHIEF LAW OFFICER. ...APPELLANT (BY SRI. RENUKA H.R., ADVOCATE) AND: 1. M.N.NAGALAKSHMI, W/O. LATE K.VENUGOPAL, AGED ABOUT 65 YEARS, 2. M.N.VASU, S/O. LATE M.G.NARAYANA RAO, AGED ABOUT 56 YEARS, 3. M.N. MADAVA RAO, S/O. LATE M.G.NARAYANA RAO, AGED ABOUT 54 YEARS, R1 TO R3 ARE RESIDENT OF "SURYAKAMALA", OLD POLICE STATION ROAD, CHICKPET, TUMAKURU-572 101. 4. RUDRESH, S/O. SHIVAKUMARA, ADULT, NO.18, SIDDAPPANA PALYA, GULUGANJI HALLI, ARIYUR POST, HEBBUR HOBLI, TUMAKURU TALUK, TUMAKURU-572 101. 5. ORIENTAL INSURANCE COMPANY BRANCH MANAGER, TUMAKURU BRANCH, J.G. ROAD, GRAIN MERCHANT, ASSOCIATION BUILDING, TUMAKURU-572 101. ...RESPONDENTS - 4 - HC-KAR NC: 2025:KHC:37676-DB MFA No. 2661 of 2016 C/W MFA No. 2662 of 2016 MFA No. 2663 of 2016 AND 5 OTHERS (BY SRI. RAVIKUMARA B.R., ADVOCATE FOR R1 TO R3; SRI B.S.UMESH, ADVOCATE FOR R5; R4 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.11.2015 PASSED IN MVC NO.1340/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT-11, TUMAKURU, AWARDING A COMPENSATION OF RS.1,40,000/- A/W INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 2663/2016 BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, SHIVAMOGGA DEPOT, BY ITS DEPOT MANAGER, REPRESENTED BY ITS CHIEF LAW OFFICER. ...APPELLANT (BY SRI. RENUKA H.R., ADVOCATE) AND: 1. C.V.MANJUNATH, S/O. C.S.VISHWESHWARAIAH, SINCE DESEACED REP. BY LR'S R2 & R3, 2. C.V.SUBRAHMANYA, S/O. C.S.VISHWESHWARAIAH, AGED ABOUT 35 YEARS, 3. C.V.ANITHA LAKSHAMI, D/O. C.S.VISHWESHWARAIAH, AGED ABOUT 32 YEARS, R2 AND R3 ARE RESIDENT OF NO.75-2, CHANNASAGARA, - 5 - HC-KAR NC: 2025:KHC:37676-DB MFA No. 2661 of 2016 C/W MFA No. 2662 of 2016 MFA No. 2663 of 2016 AND 5 OTHERS MADHUGIRI, TUMAKUR DISTRICT, C/O. OLD POLICE STATION ROAD, CHICKPET, TUMAKURU-572 101. 4. RUDRESH, S/O. SHIVAKUMARA, ADULT, NO.18, SIDDAPPANA PALYA, GULUGANJI HALLI, ARIYUR POST, HEBBUR HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT-572 101. 5. ORIENTAL INSURANCE COMPANY, BRANCH MANAGER, TUMAKURUU BRANCH, J.C.ROAD, GRAIN MERCHANT, ASSOCIATION BUILDING, TUMAKURU-572 101. ...RESPONDENTS (BY SRI. GOPALAKRISHNA N., ADVOCATE FOR R2 AND R3; SRI. B.S.UMESH, ADVOCATE FOR R5; R4 IS SERVED AND UNREPRESENTED; R2 AND R3 ARE TREATED AS LR'S OF DECEASED R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.11.2015 PASSED IN MVC NO.1341/12 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE & MACT-11, TUMAKURU, AWARDING COMPENSATION OF RS.2,16,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 2664/2016 BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, SHIVAMOGGA DEPOT, BY ITS DEPOT MANAGER, - 6 - HC-KAR NC: 2025:KHC:37676-DB MFA No. 2661 of 2016 C/W MFA No. 2662 of 2016 MFA No. 2663 of 2016 AND 5 OTHERS REPRESENTED BY ITS CHIEF LAW OFFICER, ...APPELLANT (BY SRI. RENUKA H.R., ADVOCATE) AND: 1. ASHA, W/O. MADAVA RAO, AGED ABOUT 39 YEARS, RESIDENT OF NO.14/1, 7TH CROSS, SOMESHWARA EXTENSION, TUMAKURU-572101. 2. RUDRESH, S/O. SHIVAKUMARA, ADULT, NO 18, SIDDAPPANA PALYA, GULUGANJI HALLI, ARIYUR POST, HEBBUR HOBLI, TUMAKURU TALUK, TUMAKURU-572101. 3. ORIENTAL INSURANCE COMPANY, BRANCH MANAGER, TUMAKURU BRANCH, J.C.ROAD, GRAIN MERCHANT, ASSOCIATION BUILDING, TUMAKURU-572101. ...RESPONDENTS (BY SRI. RAVIKUMARA B.R., ADVOCATE FOR R1; SRI. B.S.UMESH, ADVOCATE FOR R3; R2 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.11.2015 PASSED IN MVC NO.1342/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT-11, TUMAKURU, AWARDING A COMPENSATION OF RS.45,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION. - 7 - HC-KAR NC: 2025:KHC:37676-DB MFA No. 2661 of 2016 C/W MFA No. 2662 of 2016 MFA No. 2663 of 2016 AND 5 OTHERS IN MFA NO. 2665/2016 BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, SHIVAMOGGA DEPOT, BY ITS DEPOT MANAGER, REPRESENTED BY ITS CHIEF LAW OFFICER, ...APPELLANT (BY SRI. RENUKA H.R., ADVOCATE) AND: 1. V.ROHINI D/O. M.N.VASU AGED ABOUT 26 YEARS R/O. OLD POLICE STATION ROAD, CHICKPET, TUMAKURU-572101. 2. RUDRESH S/O. SHIVAKUMARA ADULT NO.18, SIDDAPPANA PALYA, GULUGANJI HALLI, ARIYUR POST, HEBBUR HOBLI, TUMAKURU TALUK, TUMAKURU-572101. 3. ORIENTAL INSURANCE COMPANY, BRANCH MANAGER, TUMAKURU BRANCH, J.C.ROAD, GRAIN MERCHANT, ASSOCIATION BUILDING, TUMAKURU-572101. ...RESPONDENTS (BY SRI. RAVIKUMARA B.R., ADVOCATE FOR R1; SRI. B.S.UMESH, ADVOCATE FOR R3; R2 IS SERVED AND UNREPRESENTED) - 8 - HC-KAR NC: 2025:KHC:37676-DB MFA No. 2661 of 2016 C/W MFA No. 2662 of 2016 MFA No. 2663 of 2016 AND 5 OTHERS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.11.2015 PASSED IN MVC NO.1343/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT-11, TUMAKURU, AWARDING A COMPENSATION OF RS.54,000/- A/W INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 2666/2016 BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, SHIVAMOGGA DEPOT, BY ITS DEPOT MANAGER, REPRESENTED BY ITS CHIEF LAW OFFICER, ...APPELLANT (BY SRI. RENUKA H.R., ADVOCATE) AND: 1. SPOORTHI, D/O. MADAVA RAO, AGED ABOUT 16 YEARS, SINCE MINOR REPRESENTED BY ASHA, MOTHER AND NATURAL GUARDIAN OF PETITIONER R/O. NO.14/1, 7TH CROSS, SOMESHWARA EXTENSION, TUMAKURU-572101. 2. RUDRESH, S/O. SHIVAKUMARA, ADULT NO.18, SIDDAPPANA PALYA, GULUGANJI HALLI, ARIYUR POST, HEBBUR HOBLI, TUMAKURU TALUK, TUMAKURU-572101. - 9 - HC-KAR NC: 2025:KHC:37676-DB MFA No. 2661 of 2016 C/W MFA No. 2662 of 2016 MFA No. 2663 of 2016 AND 5 OTHERS 3. ORIENTAL INSURANCE COMPANY, BRANCH MANAGER, TUMAKURU BRANCH, J.C.ROAD, GRAIN MERCHANT, ASSOCIATION BUILDING, TUMAKURU-572101. ...RESPONDENTS (BY SRI. RAVIKUMARA B.R., ADVOCATE FOR R1; SRI. B.S.UMESH, ADVOCATE FOR R3; R2 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.11.2015 PASSED IN MVC NO.1344/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT-11, TUMAKURU, AWARDING A COMPENSATION OF RS.95,000/- A/W INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 2667/2016 BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, SHIVAMOGGA DEPOT, BY ITS DEPOT MANAGER, REPRESENTED BY ITS CHIEF LAW OFFICER, ...APPELLANT (BY SRI. RENUKA H.R., ADVOCATE) AND: 1. NAGALAKSHMI, W/O. LATE VENUGOPAL, AGED ABOUT 64 YEARS, RESIDENT OF OLD POLICE STATION ROAD, CHICKPET, TUMAKURU - 572101. - 10 - HC-KAR NC: 2025:KHC:37676-DB MFA No. 2661 of 2016 C/W MFA No. 2662 of 2016 MFA No. 2663 of 2016 AND 5 OTHERS 2. RUDRESH, S/O. SHIVAKUMARA, ADULT, NO.18, SIDDAPPANA PALYA, GULUGANJI HALLI, ARIYUR POST, HEBBUR HOBLI, TUMAKURU TALUK, TUMAKURU-572101. 3. ORIENTAL INSURANCE COMPANY, BRANCH MANAGER, TUMAKURU BRANCH, J.C.ROAD, GRAIN MERCHANT, ASSOCIATION BUILDING, TUMAKURU-572101. ...RESPONDENTS (BY SRI. RAVIKUMARA B.R., ADVOCATE FOR R1; SRI. B.S.UMESH, ADVOCATE FOR R3; R2 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.11.2015 PASSED IN MVC NO.1345/12 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE & MACT-11, TUMAKURU, AWARDING COMPENSATION OF RS.54,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 2668/2016 BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, SHIVAMOGGA DEPOT, BY ITS DEPOT MANAGER, REPRESENTED BY ITS CHIEF LAW OFFICER, ...APPELLANT (BY SRI. RENUKA H.R., ADVOCATE) - 11 - HC-KAR NC: 2025:KHC:37676-DB MFA No. 2661 of 2016 C/W MFA No. 2662 of 2016 MFA No. 2663 of 2016 AND 5 OTHERS AND: 1. M.N.MADHAVA RAO, S/O. LATE M.G.NARAYANA RAO, AGED ABOUT 54 YEARS RESIDENT OF NO 14/1, 7TH CROSS, SOMESHWARA EXTENSION, TUMAKURU-572101. 2. RUDRESH, S/O. SHIVAKUMARA, ADULT, NO.18, SIDDAPPANA PALYA, GULUGANJI HALLI, ARIYUR POST, HEBBUR HOBLI, TUMAKURU TALUK, TUMAKURU-572101. 3. ORIENTAL INSURANCE COMPANY, BRANCH MANAGER, TUMAKURU BRANCH, J.C.ROAD, GRAIN MERCHANT, ASSOCIATION BUILDING, TUMAKURU-572101. ...RESPONDENTS (BY SRI. RAVIKUMARA B.R., ADVOCATE FOR R1; SRI. B.S.UMESH, ADVOCATE FOR R3; R2 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.11.2015 PASSED IN MVC NO.1346/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT-11, TUMAKURU, AWARDING A COMPENSATION OF RS.2,84,780/- TOGETHER WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 12 - HC-KAR NC: 2025:KHC:37676-DB MFA No. 2661 of 2016 C/W MFA No. 2662 of 2016 MFA No. 2663 of 2016 AND 5 OTHERS CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) These appeals have been filed by the KSRTC being aggrieved by the judgment and award dated 06.11.2015 passed by the Court of Additional Senior Civil Judge and MACT -XI, Tumakuru (for short 'the Tribunal') in MVC Nos.1339/2012, 1340/2012, 1341/2012, 1342/2012, 1343/2012, 1344/2012, 1345/2012 and 1346/2012. 2. Smt. H.R.Renuka, learned counsel for the appellant– Karnataka State Road Transport Corporation (KSRTC) submits that the appellant is aggrieved only by the direction of the Tribunal wherein, contributory negligence to the extent of 40% has been fixed on the KSRTC and 60% is fixed on the driver of the Toyota Qualis vehicle which was involved in the accident and the said vehicle was insured with respondent No.3-Oriental Insurance Company. She submits that the Tribunal, in the connected MVC No.6304/2012 arising out of the same accident, - 13 - HC-KAR NC: 2025:KHC:37676-DB MFA No. 2661 of 2016 C/W MFA No. 2662 of 2016 MFA No. 2663 of 2016 AND 5 OTHERS has not accepted the contention of the Insurance Company that the accident occurred on account of negligence on the part of the driver of the KSRTC Bus. No contributory negligence was attributed on the driver of the KSRTC bus and the entire negligence was attributed on the driver of the Toyota Qualis vehicle and therefore, the Tribunal, vide its judgment and award dated 04.09.2013 in MVC No.6304/2012, directed the Insurance Company to pay entire compensation to the claimants. She further submits that the said judgment of the Tribunal dated 04.09.2013 was the subject matter appeal before this Court in MFA No.261/2014 filed by the Insurance Company. In the appeal, the Insurance Company did not challenge 100% of its liability and has also not taken the point of contributory negligence while impugning the judgment and award dated 04.09.2013 in MVC No.6304/2012. 3. The submission of the learned counsel for the appellant is that once the Insurance Company has accepted the liability up to 100%, the finding recorded by the Tribunal in the impugned judgment apportioning the negligence to the extent of 40% on the driver of the KSRTC bus is not justified. - 14 - HC-KAR NC: 2025:KHC:37676-DB MFA No. 2661 of 2016 C/W MFA No. 2662 of 2016 MFA No. 2663 of 2016 AND 5 OTHERS Therefore, she submits that the prayer sought in these appeals may be allowed and the liability fixed on the KSRTC bus for 40% payment of compensation has to be set aside and the entire compensation has to be paid only by the Insurance Company. 4. Mr. B.S.Umesh, learned counsel appearing for the Oriental Insurance Company, however, submits that MVC No.6304/2012 was filed only against the owner of Toyota Qualis which was involved in the accident and KSRTC was not a party. Therefore, the findings recorded in the judgment dated 04.09.2013 in MVC No.6304/2012 are of no consequence so far as MVC Nos. 1339/2012, 1340/2012, 1341/2012, 1342/2012, 1343/2012, 1344/2012, 1345/2012 and 1346/2012 are concerned. 5. We have considered the submissions made by the learned counsel for the parties. 6. In MVC Nos. 1339/2012, 1340/2012, 1341/2012, 1342/2012, 1343/2012, 1344/2012, 1345/2012 and 1346/2012, the KSRTC was not a party-respondent and after - 15 - HC-KAR NC: 2025:KHC:37676-DB MFA No. 2661 of 2016 C/W MFA No. 2662 of 2016 MFA No. 2663 of 2016 AND 5 OTHERS considering the evidence of the parties, the Tribunal has apportioned the negligence in the ratio of 60:40 between the driver of Toyota Qualis and the driver of KSRTC bus. Nothing prevented the Insurance Company to file an application for impleading the KSRTC in MVC No.6304/2012 if it was of the opinion that it was a case of contributory negligence on the part of the driver of the KSRTC bus. As no such application was filed before the Tribunal by the Insurance Company to implead the KSRTC, the contention of the Insurance Company that driver of KSRTC bus was responsible for the accident was rejected by the Tribunal. The said finding has been accepted by the Insurance Company inasmuch as MFA No.261/2014 filed by the Insurance Company was limited only to the quantum of compensation and there was no challenge as regards contributory negligence. 7. Once the Insurance Company has accepted the finding of the Tribunal that it was only the driver of the Toyota Qualis responsible for the accident, in the other MVCs arising out of the same accident, it cannot take a plea that the KSRTC bus was responsible for causing the accident to the extent of 40% and the driver of the Toyota Qualis was responsible for - 16 - HC-KAR NC: 2025:KHC:37676-DB MFA No. 2661 of 2016 C/W MFA No. 2662 of 2016 MFA No. 2663 of 2016 AND 5 OTHERS only 60%. We are of considered view that the said plea cannot be contrary to the finding recorded by the Tribunal in respect of apportionment of liability between the driver of the Toyota Qualis and the driver of the KSRTC bus which were involved in the accident. As the Tribunal held negligence only on the part of the driver of the Toyota Qualis and the said finding is not being challenged by the Insurance Company, we are of the view that the subsequent judgment of the Tribunal in respect of the same accident that the driver of the KSRTC bus was also responsible to the extent of 40% for causing accident cannot be upheld. Thus, we allow these appeals exonerating the KSRTC from the liability and from paying 40% of compensation to the claimants. We hold that the liability is on the Insurance Company to pay the compensation to the claimants. Accordingly, the following: ORDER i. The appeals are allowed. ii. The impugned judgment and award dated 06.11.2015 passed by the Tribunal that the driver of the - 17 - HC-KAR NC: 2025:KHC:37676-DB MFA No. 2661 of 2016 C/W MFA No. 2662 of 2016 MFA No. 2663 of 2016 AND 5 OTHERS KSRTC bus was also negligent in causing the accident to an extent of 40% is set aside. iii. The liability is fixed on respondent No.3- Insurance Company to pay the compensation to the claimants with interest within a period of 6 weeks from the date of receipt of copy of this judgment. iv. The amount in deposit, if any, shall be transmitted to the Tribunal forthwith. iv. Draw a modified award accordingly. v. No order as to costs. vi. Registry is directed to send a copy of this judgment to the Tribunal, forthwith. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RKA