- 1 - HC-KAR NC: 2025:KHC:38558 MFA No. 3786 of 2015 C/W MFA.CROB No. 132 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.3786 OF 2015 (MV-I) C/W MFA CROSS OBJECTION NO.132 OF 2015 (MV-I) IN MFA NO.3786/2015: BETWEEN: 1. THE DIVISIONAL CONTROLLER, K.S.R.T.C, CHIKMAGALUR DIVISION, CHIKMAGALUR-577101, NOW BY THE MANAGING DIRECTOR, KSRTC, CENTRAL OFFICES, K.H.ROAD, BENGALURU–560027. REPRESENTED BY ITS CHIEF LAW OFFICER …APPELLANT (BY SRI. F.S. DABALI, ADVOCATE) AND: 1. PUNITH @ PUNITHKUMAR, S/O UMESH, AGED ABOUT 27 YEARS, R/O. KIREHALLI VILLAGE, KASABA HOBLI, ALUR TALUK HASSAN DISTRICT-573213. 2. MOHAMMED PEER, S/O ABDUL RASHEED, AGED ABOUT 51 YEARS, BADGE NO.3856, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:38558 MFA No. 3786 of 2015 C/W MFA.CROB No. 132 of 2015 SAKLESHPURA DEPOT, KSRTC – 573134. R/O SIDDAPURA VILLAGE, KONANOOR HOBLI, ARKALGUD TALUK, HASSAN DISTRICT-573102. (DRIVER OF THE BUS BEARING REG NO. KA-18-F-0119). 3. 3(a) SOMASHEKAR, S/O TIRUMALEGOWDA, R/O KIREHALLI VILLAGE, KASABA HOBLI, ALUR TALUK, HASSAN DISTRICT – 573213, (OWNER OF BIKE BEARING REG NO. KA-46-2772) SINCE DEAD REPRESENTED BY LRS:- SHANTHAMMA, W/O LATE SOMASHEKAR, AGED ABOUT 63 YEARS. 3(b) SHASHIDHAR, S/O LATE SOMASHEKAR, AGED ABOUT 42 YEARS. 3(c) RAVI, S/O LATE SOMASHKEAR, AGED ABOUT 38 YEARS, THE RESPONDENT NOS.3(a) TO 3(c) ARE R/O KIREHALLI VILLAGE, KASABA HOBLI, ALUR TALUK, HASSAN DISTRICT-573213. …RESPONDENTS (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE FOR R1; R3(a), R3(b), R3(c) ARE SERVED; NOTICE TO R2 DISPENSED WITH) - 3 - HC-KAR NC: 2025:KHC:38558 MFA No. 3786 of 2015 C/W MFA.CROB No. 132 of 2015 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.01.2015 PASSED IN MVC NO.543/2010 ON THE FILE OF THE II ADDITIONAL SENIOR CIVILJUDGE, MACT, HASSAN, AWARDING A COMPENSATION OF Rs.2,45,600/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION. IN MFA.CROB NO.132/2015: BETWEEN: 1. PUNITH @ PUNITHKUMAR, S/O UMESH, AGED ABOUT 27 YEARS, R/O KIREHALLI VILLAGE, KASABA HOBLI, ALUR TALUK, HASSAN DISTRICT-573 213. ...CROSS OBJECTOR (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. MOHAMMED PEER, S/O ABDUL RASHEED, AGED ABOUT 52 YEARS, BADGE NO.3856, SAKLESHPURA DEPOT, KSRTC, R/O SIDDAPURA VILLAGE, KONANOOR HOBLI, ARKALGUD TALUK, HASSAN DISTRICT – 573102. 2. THE DIVISIONAL CONTROLLER KSRTC, CHIKMAGALUR DIVISION, CHIKMAGALUR-577101. 3. SOMASHEKAR, S/O TIRUMALEGOWDA, MAJOR, R/O KIREHALLI VILLAGE, - 4 - HC-KAR NC: 2025:KHC:38558 MFA No. 3786 of 2015 C/W MFA.CROB No. 132 of 2015 3(a) KASABA HOBLI, ALUR TALUK, HASSAN DISTRICT – 573201. SINCE DEAD REPRESENTED BY LRS:- SHANTHAMMA, W/O LATE SOMASHKEAR, AGED ABOUT 64 YEARS. 3(b) SHASHIDHAR, S/O LATE SOMASHEKAR, AGED ABOUT 43 YEARS. 3(c) RAVI, S/O LATE SOMASHKEAR, AGED ABOUT 38 YEARS. ALL ARE R/O KIREHALLI VILLAGE, KASABA HOBLI, ALUR TALUK, HASSAN DISTRICT-573 201. ...RESPONDENTS (BY SRI. F.S.DABALI, ADVOCATE FOR R2; VIDE ORDER DATED 24.09.2025, NOTICE TO R1 DISPENSED WITH; VIDE ORDER DATED 09.06.2021, NOTCE TO R3(a-c) DISPENSED WITH) THIS MFA CROB IN MFA NO.3786/15 IS FILED UNDER ORDER 41 RULE 22 OF CPC, AGAINST THE JUDGMENT AND AWARD DATED 03.01.2015 PASSED ON MVC NO.543/2010 ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JDUGE AND MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA AND MFA CROB COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:38558 MFA No. 3786 of 2015 C/W MFA.CROB No. 132 of 2015 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT M.F.A.No.3786/2015 is filed by the Insurance Company disputing the negligence of the KSRTC. 2. M.F.A.Crob.No.132/2015 is filed by the claimant for enhancement of compensation. The learned counsel for the appellant contended that the claimant has not examined the doctor and requested that the matter be remanded to the Tribunal so that his present disability can be assessed properly. 3. At his request, both the matters are remanded to the Tribunal with a specific direction to the Tribunal to give reasonable opportunity to both the sides for adducing evidence and for arguments and to decide the matter afresh on merits by giving hearing opportunity. Accordingly, the following: ORDER (i) M.F.A.No.3786/2015 and M.F.A.Crob No.132/2015 are allowed. (ii) Both the matters are remanded to the Tribunal with a specific direction to the Tribunal to give reasonable opportunity to both the sides for adducing evidence and for arguments and to - 6 - HC-KAR NC: 2025:KHC:38558 MFA No. 3786 of 2015 C/W MFA.CROB No. 132 of 2015 decide the matter afresh on merits by giving hearing opportunity. (iii) The parties are directed to appear before the Tribunal on 15.10.2025. (iv) The amount deposited by the Insurance Company is directed to be transmitted to the Tribunal. (v) In the meanwhile, the Registry is directed to send the records within ten days. Sd/- (P SREE SUDHA) JUDGE MD List No.: 1 Sl No.: 13