- 1 - HC-KAR NC: 2025:KHC-D:10531 MFA No. 102551 of 2017 C/W MFA No. 102550 of 2017 MFA No. 102552 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 102551 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 102550 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 102552 OF 2017 IN MFA NO. 102551 OF 2017 BETWEEN: 1. THE DIVISIONAL CONTROLLER, NWKRTC, GOKUL ROAD, HUBBALLI, REP. BY CHIEF LAW OFFICER. …APPELLANT (BY SRI. M. K. SOUDAGAR, ADV) AND: 1. SHRI. CHIDAMBAR S/O IRESHAPPA NIMBALKAR, AGE: 49 YEARS, OCC: COOLIE, R/O: BAMBOO GATE, BARCHI ROAD, DANDELI-581325. 2. YAMNAPPA S/O YELLAPPA NAIKAR, AGE: 44 YEARS, OCC: DRIVER, R/O: HEBBALLI FARM, TQ: DHARWAD-580007. …RESPONDENTS (BY SRI. SHIVRAJ S. BALLOLI, ADV FOR R1, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/SEC.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 24.03.2017 PASSED IN MVC NO.29/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, HALIYAL, AWARDING THE COMPENSATION OF RS. 2,92,280/- ALONG WITH INTEREST AT RATE OF 7% P.A. FROM THE DATE OF PETITION TILL REALISATION. THIS APPEAL, COMING ON FOR ADMISSION, MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.10 12:29:46 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10531 MFA No. 102551 of 2017 C/W MFA No. 102550 of 2017 MFA No. 102552 of 2017 IN MFA NO.102550 OF 2017 BETWEEN: 1. THE DIVISIONAL CONTROLLER, NWKRTC GOKUL ROAD, HUBBALLI, REP: BY DULY CONSTITUTED AUTHORITY. …APPELLNT (BY SRI. M.K. SOUDAGAR, ADV) AND: 1. SMT. ASHABI W/O MOHAMMAD GOUSE MARFAZI, AGE: 74 YEARS, OCC: HOUSEHOLD WORK, R/O: SUBHASH NAGAR DANDELI-581325. 2. YAMNAPPA S/O YELLAPPA NAIKAR, AGE: 44 YEARS, OCC: DRIVER, R/O: HEBBALLI FARM, TQ: DHARWAD-580007. …RESPONDENTS (BY SRI. SHIVRAJ S. BALLOLI, ADV FOR R1, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/SEC.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 24.03.2017 PASSED IN MVC NO.28/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, HALIYAL, AWARDING THE COMPENSATION OF RS.7,49,236/- WITH INTEREST AT 7% P.A. FROM THE DATE OF PETITION TILL REALISATION. THIS APPEAL, COMING ON FOR ADMISSION, IN MFA NO.102552 OF 2017 BETWEEN: 1. THE DIVISIONAL CONTROLLER, NWKRTC, GOKUL ROAD, HUBBALLI, REP. BY CHIEF LAW OFFICER. …APPELLANT (BY SRI. M.K. SOUDAGAR, ADV) AND: 1. SRI. SIKANDAR S/O NASIR PATAN AGE: 29 YEARS, OCC: AUTO DRIVER, R/O: SUBHASH NAGAR, DANDELI-581325. 2. YAMNAPPA S/O YELLAPPA NAIKAR, AGE: 44 YEARS, OCC: DRIVER, R/O: HEBBALLI FARM, TAL: DHARWAD-580007. …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC-D:10531 MFA No. 102551 of 2017 C/W MFA No. 102550 of 2017 MFA No. 102552 of 2017 (BY SRI. SHIVRAJ S. BALLOLI, ADV FOR R1, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/SEC.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 24.03.2017 PASSED IN MVC NO.31/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, HALIYAL, AWARDING THE COMPENSATION OF RS.10,000/- ALONG WITH INTEREST AT THE RATE OF 7% P.A. FROM THE DATE OF PETITION TILL REALISATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. These appeals arise out of a common Judgment dated 24.03.2017, passed in MVC Nos.28/2014, 29/2014 and 31/2014 by the learned Senior Civil Judge and Additional M.A.C.T., Haliyal (for short ‘the Tribunal). 2. Brief facts leading rise to the filing of these appeals are as follows: On 15.04.2013, Mohammad Sarif, along with Chidambar, were proceeding on a motorcycle bearing registration No.KA-31/R-0902, and when they were near Karaka Forest Check Post, the NWKRTC bus bearing - 4 - HC-KAR NC: 2025:KHC-D:10531 MFA No. 102551 of 2017 C/W MFA No. 102550 of 2017 MFA No. 102552 of 2017 No.KA-25/F-2941 the driver of which drove the vehicle in a rash and negligent manner, and hit the rider and the pillion rider of the said motor cycle. As a result, both sustained the grievous injuries, and the rider succumbed to the injuries and the pillion rider sustained a grievous injuries. The legal representative of the rider of the motorcycle has filed a claim petition in MVC No.28/2014 under Section 166 of the M.V.Act seeking compensation also the pillion rider filed a claim petition in MVC No. 29/2014 claiming compensation on account of the injuries sustained in the road traffic accident, and the owner of the motor cycle as also filed a claim petition in MVC 31/2014 claiming damages on account of damage to the motorcycle. The driver and the Managing Director of NWKRTC appeared through counsel. The NWKRTC filed a statement of objections, denying the averments made in the claim petitions, and also contended that the accident occurred due to the rash and - 5 - HC-KAR NC: 2025:KHC-D:10531 MFA No. 102551 of 2017 C/W MFA No. 102550 of 2017 MFA No. 102552 of 2017 negligent riding by the rider of the said motorcycle, and an abated chargesheet is filed. It is contended that there is no negligence on the part of the driver of the bus. Hence, prays to dismiss the claim petitions against the NWKRTC. 3. The Tribunal clubbed all the claim petitions framed a separate issues, and recorded a common evidence. 4. Petitioner in MVC No. 28/2014 i.e., Smt.Ashabi was examined as PW-1, examined two witnesses as PW-4 and PW-7, and the petitioner in MVC No.29/2012 was examined as PW-2, and the doctor was examined as PW-5, and the petitioner in MVC No.31/2014 was examined as PW-3, and examined one witness as PW-6. In rebuttal, on behalf of the respondents, in MVC No.28/2014, the driver of the bus was examined as RW-1, and the petitioners in all the claim petitions marked 35 documents, as Ex.P1 to Ex.P35. No documents were marked on behalf of the respondents. - 6 - HC-KAR NC: 2025:KHC-D:10531 MFA No. 102551 of 2017 C/W MFA No. 102550 of 2017 MFA No. 102552 of 2017 5. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petitions in part vide judgment dated 24.03.2017 and held that petitioner in MVC No.28/2014 i.e. Smt.Ashabi is entitled to a compensation of Rs.7,49,236/-, Sri.Chidambar i.e. the pillion rider, who is petitioner in MVC No. 29/2014 is entitled to a compensation of Rs.2,92,280/- with interest at the rate of 7%. It was also held that the owner of the motorcycle in MVC No. 31/2014 is also entitled to a compensation of Rs.10,000/- towards the damages caused to the motorcycle with interest at the rate of 7% p.a. from the date of petitioner till the realisation of the amount. It is held that the respondents i.e. the driver of the bus and NWKRTC, are jointly and severally liable to pay the compensation amount, and the Managing Director of NWKRTC was directed to deposit the compensation amount. - 7 - HC-KAR NC: 2025:KHC-D:10531 MFA No. 102551 of 2017 C/W MFA No. 102550 of 2017 MFA No. 102552 of 2017 6. The NWKRTC, aggrieved by the common Judgment passed in the MVC Nos.28/2014, 29/2014 and 31/2014, filed these appeals. 7. Heard the arguments of the learned counsel for the NWKRTC, and the petitioners. 8. Learned counsel for the NWKRTC submits that a rider of the motorcycle has contributed to the cause of an accident, and the abated chargesheet has been filed. He submits that no chargesheet is filed against the driver of the bus. He further submits that the rider of the motorcycle himself contributed to the cause of an accident. He submits that the Tribunal committed an error in fastening entire liability on the NWKRTC without looking into the inquest panchanama. Hence, on these grounds, he submits that the entire liability fastened on NWKRTC be set-aside and dismiss the claim petitions against the NWKRTC. - 8 - HC-KAR NC: 2025:KHC-D:10531 MFA No. 102551 of 2017 C/W MFA No. 102550 of 2017 MFA No. 102552 of 2017 9. Per contra, the learned counsel for the petitioners submits that the driver of the bus has also contributed to the cause of an accident. He placed reliance on the inquest panchanama, which discloses that the driver of the bus was driving the vehicle in a rash and negligent manner, and there is contributory negligence on the part of both the rider, and the bus driver. Hence, he submits that the Tribunal was justified in passing the impugned Judgments and awards. He also submits that the petitioners have examined PW-4, who was travelling in the bus, on the date of the accident, who also deposed that the accident was caused due to a rash and negligent driving of the driver of the bus. Accordingly, on these grounds, he prays to dismiss these appeals filed by the NWKRTC. 10. Perused the records and considered the submissions of the learned counsel for the parties. 11. The point that would arise for consideration is regarding the extent of liability. - 9 - HC-KAR NC: 2025:KHC-D:10531 MFA No. 102551 of 2017 C/W MFA No. 102550 of 2017 MFA No. 102552 of 2017 12. There is no dispute that the rider of the motorcycle, and the pillion rider met with an accident when they were travelling on the motorcycle on the date of accident, and the accident was caused due to which the rider of the motorcycle sustained grievous injuries and succumbed to the injuries and the pillion rider sustained grievous injuries. The petitioners have produced the chargesheet marked as Ex.P5, which discloses that an abated chargesheet is filed against the rider of the motorcycle. 13. Though, the abated chargesheet is filed against the rider of the motorcycle, the petitioners examined the passenger as PW-4, who was travelling in the same bus on the date of accident, wherein he deposed that the driver of the bus was driving the vehicle in a rash and negligent manner and the accident occurred due to both i.e., the rider of the motorcycle, and the driver of the bus. There is contributory negligence on the part of rider of the motor cycle as well as the driver of the bus. The said aspect was - 10 - HC-KAR NC: 2025:KHC-D:10531 MFA No. 102551 of 2017 C/W MFA No. 102550 of 2017 MFA No. 102552 of 2017 not properly considered by the Tribunal, and committed an error in fastening the entire liability on the NWKRTC. Thus, the rider of the motorcycle has also contributed to the cause of an accident. The liability must be fastened on both i.e., on the driver of the bus, and the rider of the motorcycle in a 50%:50% ratio. 14. Thus, the Tribunal committed an error in fastening the entire liability on the NWKRTC. In view of the above discussion, I proceed to pass the following order: ORDER (i) The Appeals are allowed in part. (ii) The Judgment and award dated 24.03.2017 passed in MVC Nos.28/2014, 29/2014 and 31/2014 by the learned Senior Civil Judge and Additional M.A.C.T., Haliyal, is hereby modified. (iii) The petitioners are entitled to the compensation, as awarded by the Tribunal. - 11 - HC-KAR NC: 2025:KHC-D:10531 MFA No. 102551 of 2017 C/W MFA No. 102550 of 2017 MFA No. 102552 of 2017 (iv) However, the liability shall be apportioned equally and the NWKRTC shall deposit 50% of the total compensation amount awarded by the Tribunal, while the remaining 50% shall be deposited by the rider of the motorcycle. (v) The NWKRTC is directed to deposit its 50% share of the compensation amount awarded by the Tribunal, if not already deposited. In the event of any excess deposit, the same shall be refunded in favour of the NWKRTC. (vi) The amount in deposit, if any, and Trial Court Records shall be transmitted to the Tribunal forthwith. Sd/- (ASHOK S. KINAGI) JUDGE RHR/- CT: BSB List No.: 1 Sl No.: 24