- 1 - NC: 2025:KHC-K:2467 MFA No. 201989 of 2016 C/W MFA No. 200387 of 2016 MFA No. 200388 of 2016 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.201989 OF 2016 (MV-I) C/W MISCL. FIRST APPEAL NO.200387 OF 2016 (MV-I) MISCL. FIRST APPEAL NO.200388 OF 2016 (MV-I) IN MFA NO.201989/2016: BETWEEN: THE DIVISIONAL CONTROLLER, NEKRTC, BIDAR DIVN., THROUGH ITS, THE MANAGING DIRECTOR NEKRTC, SARIGE SADAN, MAIN ROAD, KALABURAGI, REPRESENTED BY, THE CHIEF LAW OFFICER. …APPELLANT (BY SRI. SUBHASH MALLAPUR, ADVOCATE) AND: BASAYYA S/O CHIDANANDAYYA MATH, AGE: 68 YEARS, OCC: AGRI. & BUSINESS, R/O SINDAGI, DIST. VIJAYAPURA, NOW AT IBRAHIMPUPETH, VIJAYAPUR-586 101. …RESPONDENT (V/O DTD. 22.04.2022, NOTICE TO RESPONDENT IS HAND SUMMONS) Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2467 MFA No. 201989 of 2016 C/W MFA No. 200387 of 2016 MFA No. 200388 of 2016 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 31.08.2016 PASSED BY THE III ADDL. DISTRICT JUDGE AND M.A.C.T-IV VIJAYAPUR, IN MVC NO.2144/2013. IN MFA NO.200387/2016: BETWEEN: THE DIVISIONAL CONTROLLER, NEKRTC, BIDAR DIVN., THROUGH ITS, THE MANAGING DIRECTOR, NEKRTC, SARIGE SADAN, MAIN ROAD, KALABURAGI, REPRESENTED BY, THE CHIEF LAW OFFICER. …APPELLANT (BY SRI. SUBHASH MALLAPUR, ADVOCATE) AND: VEERABHADRAYYA S/O BASAYYA MATH, AGE: 36 YEARS, OCC: AGRI. & BUSINESS, R/O GOLAGERI, TQ. SINDAGI, DIST. VIJAYAPUR, NOW RESIDING AT S.R. COLONY, VIJAYPUR-586 101. …RESPONDENT (BY SRI. BABU H. METAGUDDA, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 17.10.2015 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND M.A.C.T.-VI VIJAYAPUR, IN MVC NO.599/2012, IN SO FAR IT RELATES TO FASTENING OF LIBILITY ON THE APPELLANT. - 3 - NC: 2025:KHC-K:2467 MFA No. 201989 of 2016 C/W MFA No. 200387 of 2016 MFA No. 200388 of 2016 IN MFA NO.200388/2016: BETWEEN: THE DIVISIONAL CONTROLLER, NEKRTC, BIDAR DIVN., THROUGH ITS, THE MANAGING DIRECTOR, NEKRTC, SARIGE SADAN, MAIN ROAD, KALABURAGI, REPRESENTED BY, THE CHIEF LAW OFFICER. …APPELLANT (BY SRI. SUBHASH MALLAPUR, ADVOCATE) AND: SIDDALINGAYYA S/O MALLAYYA MATHAPATI, AGE: 31 YEARS, OCC: DRIVER, R/O KONDAGULI, TQ. JEWARGI, DIST. KALABURAGI, NOW RESIDING AT S.R. COLONY, VIJAYAPUR-586 101. …RESPONDENT (BY SRI. BABU H. METAGUDDA, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 17.10.2015 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND M.A.C.T.-VI VIJAYAPUR, IN MVC NO.600/2012, IN SO FAR IT RELATES TO FASTENING OF LIABILITY ON THE APPELLANT. THESE APPEALS COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI - 4 - NC: 2025:KHC-K:2467 MFA No. 201989 of 2016 C/W MFA No. 200387 of 2016 MFA No. 200388 of 2016 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C M JOSHI) Heard the learned counsel for the appellant and respondent and perused the records. 2. The MFA No.201877/2016 filed by the petitioner in MVC No.2144/2013 has been disposed of by Co-ordinate Bench of this Court on 16.11.2022. Against the same impugned judgment i.e. MVC No.2144/2013, the Corporation has also filed an appeal in MFA No.201989/2016. The appellant- Corporation had not raised the question of contributory negligence in the said MFA. Ultimately, the Co-ordinate Bench of this Court has determined the compensation amount to be paid by the appellant-Corporation. Therefore, the MFA No.201989/2016 do not survive. 3. Even otherwise, a perusal of the chargesheet papers would disclose that it was a head-on collision between the two vehicles i.e. the bus and the car. The accident had taken place in a curving. It is evident that the investigating agency had filed the chargesheet against the bus driver. There is nothing on record which would suggest that there was any - 5 - NC: 2025:KHC-K:2467 MFA No. 201989 of 2016 C/W MFA No. 200387 of 2016 MFA No. 200388 of 2016 contributory negligence on the part of the car driver. The entire frontage of the car was damaged. Whereas, the left bumper side of the bus was damaged in the accident. An assessment of the records would show that when the chargesheet has been filed against the bus driver, the Tribunal is justified in fastening the liability upon the appellant-Corporation. Hence, on merits also, the appeal is not sustainable. 4. In that view of the matter, the MFA No.201989/2016 is dismissed as bereft of any merits. 5. So far as the MFA No.20387/2016 and MFA No.200388/2016 are concerned, the claimants therein are the inmates of the car. Therefore, it is a case of composite negligence for them. When the Corporation has not impleaded the owner and insurer of the car, it cannot contend that there was contributory negligence on the part of the petitioners in MVC No.599/2012 and MVC No.600 of 2012. The judgment of the Apex Court in the case of Khenyei vs. New India Assurance Co. Ltd.1 wherein the two full bench decisions of this Court were reiterated comes to the aid of the claimants. 1 (2015) 9 SCC 273 - 6 - NC: 2025:KHC-K:2467 MFA No. 201989 of 2016 C/W MFA No. 200387 of 2016 MFA No. 200388 of 2016 The judgment of the full bench of this Court in the case of Ganesh vs. Syed Munned Ahmad and Others2 and KSRTC vs. Arun @ Aravind and Others3 also reiterate that the Corporation cannot plead, contributory negligence against a non-tortfeasor unless the owner and insurer of the other vehicle are also made parties or impleaded. The owner and insurer of the car having not been impleaded in these petitions, the appellant- Corporation cannot contend any contributory negligence. Therefore, both these appeals, i.e. MFA No.200387/2016 and MVC No.200388/2016 are also not maintainable. In the result, these appeals are also dismissed. The amount in deposit is ordered to be transmitted to the Tribunal. Sd/- (C M JOSHI) JUDGE SMP List No.: 1 Sl No.: 59 CT: AK 2 1998 SCC Online Kar 603 3 ILR 2004 Kar 26