- 1 - HC-KAR NC: 2025:KHC:27118 MFA No. 8400 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 8400/2014 (MV-D) BETWEEN: THE MANAGING DIRECTOR NORTH-WEST KARNATAKA ROAD TRANSPORTS CORPORATION (NWKRTC) CENTRAL OFFICES, GOKUL ROAD, HUBLI, PIN - 580030. (WRONGLY SHOWN AS HUBLI DIVISION, HUBLI) REPRESENTED BY ITS CHIEF LAW OFFICER …APPELLANT (BY SRI. F.S.DABALI, ADVOCATE) AND: 1. BASANTHAPPA S/O HANUMANTAPPA AGED ABOUT 53 YEARS 2. YELLAVVA W/O BASANTHAPPA AGED ABOUT 48 YEARS 3. NEELAMMA D/O BASANTHAPPA AGED ABOUT 23 YEARS ALL THE RESPONDENTS NOS.1 TO 3 ARE RESIDENT OF ABDUL GHANI COMPOUND S.P.OFFICE BACK SIDE, Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27118 MFA No. 8400 of 2014 NEAR KARAVALI BYE PASS POST AMBALAPADI UDUPI TALUK AND DISTRICT PIN - 576 103. 4. THE MANAGER ORIENTAL INSURANCE CO. LTD., UDUPI BRANCH, COURT ROAD UDUPI - 576 101. 5. SUNIL ARJUN JAMES S/O SHIBU JAMES AGED MAJOR NO.76, BADAGABETTU VILLAGE BAILUR TALUK, DISTRICT UDUPI - 576 101. …RESPONDENTS (BY SRI. NARAYANA PERDALKAR, ADVOCATE FOR R1 TO R3 SRI. B.S.UMESH, ADVOCATE FOR R4; V/O DATED 09.04.2015, NOTICE TO R-5 IS DISPENSED WITH.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.04.2013 PASSED IN MVC NO.601/2011 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - HC-KAR NC: 2025:KHC:27118 MFA No. 8400 of 2014 ORAL JUDGMENT This appeal is by respondent No.1 – Corporation against the judgment and award dated 20.04.2013 passed by the Additional Senior Civil Judge and Additional MACT, Udupi (for short 'the Tribunal') in MVC.No.601/2011. 2. The parties are referred to as per their ranking before the Tribunal. 3. The brief case of both the parties are that, on 27.03.2011, the deceased was traveling in a Tavera cab bearing registration No.KA-19-MN-8464 from Hubli towards Udupi and when it reached near Handikona of Kumta, a KSRTC Bus bearing registration No.KA-31/F- 1070 driven by its driver in a rash and negligent manner came to wrong side of the road and hit the Tavera cab. As a result, the deceased sustained grievous injuries and died at the spot. 4. The Tribunal allowed the claim petition by impugned judgment and award and directed the - 4 - HC-KAR NC: 2025:KHC:27118 MFA No. 8400 of 2014 respondent No.1 to pay a sum of Rs.5,31,000/- as compensation to the dependants of the deceased. Being aggrieved by the same, respondent - corporation has preferred this appeal. The only question involved in this appeal is regarding apportionment of the liability. According to the contention of the appellant entire liability was erroneously fastened upon the corporation – respondent No.1. 5. Learned counsel for both parties fairly submitted that in the connected matters, MVC Nos.2291/2011 and 2292/2011, arising out of the same accident, the learned II Additional MACT, Belgaum, passed an award dated 31.12.2012, holding the driver of the bus (Corporation) 75% negligent and the driver of the car 25% negligent. Accordingly, liability was apportioned. It was further submitted that the claimant in MVC No. 2291/2011 preferred an appeal in MFA No. 100437/2015, which was heard and decided on 16.01.2018. The High Court upheld the Tribunal's finding regarding the apportionment of negligence between the drivers of both vehicles and also enhanced the compensation amount. - 5 - HC-KAR NC: 2025:KHC:27118 MFA No. 8400 of 2014 6. It is further submitted that the claimant in MVC No. 2291/2011 preferred an appeal before this Court in MFA No. 100437/2015, which was heard and decided on 16th January 2018. The Court upheld the award passed by the Tribunal regarding the apportionment of negligence between the drivers of both vehicles in causing the accident. However, the compensation amount was enhanced. The said award passed by the Tribunal/or of the High Court of Karnataka, Dharwad Bench, attained finality. Under these circumstances, the impugned judgment and award passed by the Tribunal requires modification, in respect of apportionment of liability in payment of the compensation. 7. Accordingly, I proceed to pass the following : ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 20th April 2013 passed in MVC.No.601/2011, by the Addl.Senior Civil Judge and Addl.M.A.C.T., Udupi, stands modified. iii) It is held that accident occurred due to composite negligence of drivers of both the - 6 - HC-KAR NC: 2025:KHC:27118 MFA No. 8400 of 2014 vehicles in the ratio of 75:25. The contributory negligence of driver of respondent No.1 and driver of respondent No.3 is taken in the ratio of 75%:25%. The Corporation shall pay 75% of the compensation amount with proportionate interest and respondent Nos.2 and 3 together pay 25% of the compensation amount. Accordingly, the award passed by the Tribunal is modified. iv) Whatever amount deposited by the appellant/Corporation shall be transmitted to the concerned Tribunal for disbursement. If Corporation has deposited excess amount than 75% with proportionate interest, excess amount shall be refunded to Corporation on due acknowledgement. v) The respondent No.2 shall deposit the balance amount of 25% of compensation with proportionate interest within a period of six week from the date of receipt of the award. vi) The learned counsel for KSRTC further submits that the amount deposited by the KSRTC along with interest has been withdrawn by the claimants from the Tribunal and claimants claim - 7 - HC-KAR NC: 2025:KHC:27118 MFA No. 8400 of 2014 has been fully satisfied. In that event, whatever amount that will be deposited by the insurer i.e., respondent No.2 in respect of 25% of the compensation amount, the same shall be paid to the Corporation. The Corporation shall file memo of calculation before the Tribunal apportioning its liability, as well as interest and the amount due by the insurer, which is already paid by the Corporation. vii) The statutory amount, if any, deposited by the appellant/KSRTC before this Court shall be transmitted to the Tribunal for necessary order. viii) The remaining portion of the award of the Tribunal shall remain unaltered. ix) Draw award accordingly. Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE AG,BK List No.: 1 Sl No.: 35