- 1 - HC-KAR NC: 2025:KHC:36648 MFA No. 1158 of 2020 C/W MFA No. 3974 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1158 OF 2020 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 3974 OF 2021 (MV-I) IN MFA No.1158/2020 BETWEEN: SRI. SANTHOSH, S/O SIDDAPPAJI @ SIDDAPPA, AGED ABOUT 27 YEARS, R/AT KALLIGOWDANADODDI VILLAGE, UYYAMABALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DIST – 562 159 …APPELLANT (BY SRI. PRAKASH M H., ADVOCATE) AND: THE MANAGER DIRECTOR, KSRTC DEPOT, KH ROAD, SHANTHINAGAR, BANGALORE – 560 027 …RESPONDENT (BY SMT. H. R. RENUKA, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 23.10.2019, PASSED IN M.V.C NO.7111/2018, ON THE FILE OF THE IX-ADDITIONAL SMALL CAUSES & ADDL. MACT, BENGALURU (SCCH- 7) TO ENHANCE THE COMPENSATION SUITABLY IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36648 MFA No. 1158 of 2020 C/W MFA No. 3974 of 2021 IN MFA NO.3974/2021 BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, K. H. ROAD, SHANTHINAGAR, BANGALORE – 560 027 BY ITS MANAGING DIRECTOR REPRESENTD BY ITS CHIEF LAW OFFICER ...APPELLANT (BY SMT. RENUKA H. R., ADVOCATE) AND: SANTHOSH, S/O SIDDAPPAJI @ SIDDAPPA, AGED ABOUT 27 YEARS, R/O KALLIGOWDANADODDI VILLAGE, UYAMBALLI HOBLI, KANAKAPURA TALUK, RAMNAGAR DISTRICT – 562 117 ...RESPONDENT (BY SRI. PRAKASH M H., ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 23.10.2019 PASSED IN MVC NO.7111/2018 BY THE IX ADDITIONAL SMALL CAUSES & ADDITIONAL MACT, BENGALURU (SCCH-7), CONSEQUENTLY DISMISS THE CLAIM PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:36648 MFA No. 1158 of 2020 C/W MFA No. 3974 of 2021 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.7111/2018 dated 23.10.2019 by the IX Additional Small Causes Judge & ACMM, Court of Small Causes, Member, MACT-7, Bangalore, both the KSRTC and the claimant are before this Court. The claimant's appeal is MFA.No.1158/2020 seeking enhancement of the compensation and the KSRTC's appeal is MFA.No.3974/2021. 2. The Co-ordinate Bench of this Court by order dated 29.10.2022 had partly allowed the claimant's appeal i.e., MFA.No.1158/2020 and enhanced the compensation from an amount Rs.3,15,977/- to Rs.5,41,897/- without looking at the appeal that is filed by the KSRTC questioning the negligence on the part of the claimant. Then by order dated 09.11.2022, the order dated 29.10.2022 is recalled and directed the matter to be re-listed along with MFA.No.3974/2021. 3. Learned counsel appearing for the KSRTC submits that the Tribunal had held that the driver of the bus is solely responsible for the accident. The accident is a head on collision. The width of the road near the place of accident is 15 feet. - 4 - HC-KAR NC: 2025:KHC:36648 MFA No. 1158 of 2020 C/W MFA No. 3974 of 2021 Even as per the claimant, there is 2 feet mud road on either side of the road. Therefore, there was sufficient space for the vehicles which were moving in opposite directions. The corporation examined the driver of the bus and produced two photographs in support of his statement. The evidence and documents produced by the corporation has not been properly appreciated by the Tribunal. It is submitted that the Tribunal had accepted the interested version of the claimants to hold that the driver of the bus was solely responsible for the accident and mere filing of the charge sheet against the driver of the bus itself cannot be a ground for the Court to come to the conclusion that there is negligence on the part of the driver of the KSRTC. It is submitted that the negligence aspect was not properly appreciated by the Tribunal. 4. Learned counsel appearing for the claimant submits that the Tribunal considering the documents that are filed and the charge sheet and all other documents had rightly come to the conclusion that there is negligence on the part of the driver of the KSRTC bus and had granted the compensation. - 5 - HC-KAR NC: 2025:KHC:36648 MFA No. 1158 of 2020 C/W MFA No. 3974 of 2021 5. Having heard the learned counsels on either side, perused the entire material on record. Admittedly, the Police after a full-fledged investigation had filed the charge sheet against the driver of the KSRTC bus. The evidence on record clearly shows that there is negligence on the part of the driver of the KSRTC. This Court is not able to appreciate the submission that the accident is a head on collision and there is a 2 feet mud road on either side of the road and there is contributory negligence on the part of the claimant. In those circumstances, this Court do not find any reason to interfere with the finding of the Tribunal with regard to the negligence on the part of the driver of the KSRTC bus. It is submitted that there is negligence on the driver of the KSRTC bus, the order dated 29.10.2022 has to be restored. 6. Accordingly, the order dated 29.10.2022 is restored and MFA.No.1158/2020 is allowed-in-part by enhancing the compensation from an amount of Rs.3,15,977/- to Rs.5,41,827/-. 7. MFA.No.3974/2021 filed by the KSRTC is dismissed. - 6 - HC-KAR NC: 2025:KHC:36648 MFA No. 1158 of 2020 C/W MFA No. 3974 of 2021 i. The amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The amount in deposit shall be forthwith transmitted to the Tribunal. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. The KSRTC shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. v. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 8