- 1 - HC-KAR NC: 2025:KHC-D:9632 MFA No. 22121 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 22121 OF 2013 (MV-I) BETWEEN: THE DIVISIONAL CONTROLLER, KSRTC, 1ST DEPOT, BALLARI, PRESENTLY REP BY ITS CHIEF LAW OFFICER, CENTRAL OFFICE, SARAGE SADAN, GULBARGA. …APPELLANT (BY SMT. VAISHALI KALADAGI, ADV) AND: SRI. V. NINGAPPA S/O VEERABHADRAPPA AGE: 27 YEARS, OCC: AGRICULTURE, R/O. FARM QUARTERS, LAKSHMINAGAR CAMP, SOMASAMUDRA POST, TQ. & DIST: BALLARI. …RESPONDENT (BY SRI. B.C JNANAYYASWAMI, ADV) THIS MFA IS FILED U/SEC. 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 07.01.2013 PASSED IN MVC NO.1420/2011 ON THE FILE OF MEMBER, MACT-II, BALLARI, AWARDING THE COMPENSATION OF RS.5,09,000/- WITH INTEREST AT THE RATE OF 8% P.A., FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: VINAYAKA B V Digitally signed by VINAYAKA B V Date: 2025.08.11 16:04:26 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9632 MFA No. 22121 of 2013 CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 by the appellant-KSRTC, challenging the judgment and award dated 07.01.2013 passed in MVC No.1420/2011 by the MACT-II, Bellary. 2. Brief facts, leading rise to the filing of this appeal, are as follows: 3. That on 20.05.2010, at about 7.30 p.m., when the respondent herein was standing at Ballary old bus stand, while entering into the bus stand, the KSRTC bus bearing Reg.No.KA-34/F-507 from the front door, all of a sudden, the driver of the bus, without considering the entry of the respondent herein into the bus door, started the said bus and moved with great speed in a rash and negligent manner, resulting the respondent herein fell and sustained grievous injuries. A criminal case was registered against the driver of the bus in crime No.68/2010. The - 3 - HC-KAR NC: 2025:KHC-D:9632 MFA No. 22121 of 2013 respondent herein who has sustained grievous injuries, has spent a huge amount towards the treatment. Hence, the respondent herein filed a claim petition seeking compensation for the injuries sustained by him in the road traffic accident. 4. The appellant herein filed a written statement denying the averments made in the claim petition. It is contended that the accident occurred due to the negligence of the respondent herein, as he was fully drunk. When the bus was moving slowly and cautiously, and the door was properly closed by the conductor, the respondent herein was knocking on the bus from the backside. When the driver and the conductor heard the sound, they opened the door of the bus, and they saw that the respondent herein fell. Thereafter, he was shifted to the VIMS, Hospital, Ballary. It is contended that the accident has taken place due to the negligence of the respondent herein, as he was fully drunken. The - 4 - HC-KAR NC: 2025:KHC-D:9632 MFA No. 22121 of 2013 compensation claimed is on the higher side, and accordingly, prays to dismiss the claim petition. 5. The Tribunal, based on the pleadings of the parties, framed the relevant issues. 6. The respondent herein to substantiate his case, examined himself as P.W.1, one witness, i.e., the doctor was examined as P.W.2, and marked 81 documents as Exs.P1 to P81. On the other hand, the respondents examined one witness as R.W.1 and no documents were marked. 7. The Tribunal, after assessing the oral and documentary evidence, allowed the claim petition in part and awarded compensation of Rs.5,09,000/- with interest at the rate of 8% p.a. from the date of petition till the date of deposit in bank. It is also held that respondent Nos.1 and 2 are jointly and severally liable to pay the compensation amount to the claimant with interest and costs. The appellant-KSRTC, aggrieved by the judgment - 5 - HC-KAR NC: 2025:KHC-D:9632 MFA No. 22121 of 2013 and award passed in MVC No.1420/2011, has filed this Miscellaneous First Appeal. 8. Heard the arguments of the learned counsel for the appellant-KSRTC, and the learned counsel for the respondent-claimant. 9. Learned counsel for the appellant submits that the accident occurred due to the negligence on the part of the respondent-claimant. She submits that the respondent was in an intoxicated condition and during the movement of the bus, he was trying to board the bus, and in that process, he fell and sustained injuries. There is no negligence on the part of the driver of the bus. She submits that the Tribunal has not adequately appreciated the evidence on record and committed an error in fastening the liability on the part of the appellant-KSRTC. Hence, on these grounds, she prays to allow the appeal. 10. Per contra, learned counsel for the respondent- claimant supports the impugned judgment and award. It is - 6 - HC-KAR NC: 2025:KHC-D:9632 MFA No. 22121 of 2013 contended that in the wound certificate, there is no mention regarding the consumption of alcohol by the respondent/claimant. He submits that the contention of the appellant does not hold water. Hence, on these grounds, he prays to dismiss the appeal. 11. Perused the records, and considered the submission of the learned counsel for the parties. The point, that would arise for my consideration is as follows: i) Whether the appellant-KSRTC has made out a ground to interfere with the impugned judgment and award passed by the Tribunal? Reg.Point No.(i): 12. There is no dispute regarding the occurrence of the accident, and also the respondent having sustained injuries in the road traffic accident. To prove that the accident occurred due to the rash and negligent driving of the driver of the bus, the respondent has produced the charge sheet marked as Ex.P5. The appellant-KSRTC has - 7 - HC-KAR NC: 2025:KHC-D:9632 MFA No. 22121 of 2013 taken a defence that the respondent had consumed alcohol while boarding the bus, and in that process, he fell and sustained injuries. Immediately after the accident, the respondent herein was shifted to the hospital. The Medical Officer, VIMS Hospital, Ballary, has issued the wound certificate, marked as Ex.P4, and it does not disclose that the respondent herein had consumed the alcohol. The doctor examined the respondent and there is no reference that he was under the influence of alcohol. The charge sheet was filed against the driver of the bus, and the appellant-KSRTC did not challenge the charge sheet filed against the driver of the bus. The Tribunal, considering the entire evidence on record has rightly passed the impugned judgment and award. 13. I do not find any error in the impugned judgment. In view of the above discussion, I answer point No.(i) in the negative, and accordingly, I proceed to pass the following: - 8 - HC-KAR NC: 2025:KHC-D:9632 MFA No. 22121 of 2013 ORDER i) The Appeal is dismissed. ii) The judgment and award dated 07.01.2013 passed in MVC No.1420/2011 by the MACT-II, Bellary, is hereby confirmed. iii) The Tribunal records, and the amount in deposit, if any, shall be transmitted to the Tribunal concerned, forthwith. No order as to costs. Sd/- (ASHOK S. KINAGI) JUDGE MBS CT: BSB List No.: 1 Sl No.: 13