- 1 - HC-KAR NC: 2026:KHC-D:57 MFA No. 103431 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 103431 OF 2018 (MV-I) BETWEEN: THE DIVISIONAL MANAGER, NWKRTC, HAVERI DIVISION, HAVERI THROUGH THE GENERAL MANAGER, N.W.K.R.T.C GOKUL ROAD, HUBBALLI, DT: DHARWAD. (OWNER AND INTERNAL INSURER OF KSRTC BUS BEARING NO.KA-42/F-1595 R/BY THE CHIEF LAW OFFICER, N.W.K.R.T.C., CENTRAL OFFICE, HUBBALLI. …APPELLANT (BY SRI. I.C. PATIL, ADVOCATE) AND: KUMARI SANGEETA D/O MARUTI SANIKOPPA AGE: 15 YEARS, OCC: STUDENT, SINCE MINOR REPRESENTED BY HER MOTHER-GUARDIAN RENAVVA W/O MARUTI SANIKOPPA AGE: 34 YEARS, OCC: COLLIE, R/O: INAM GOVANAKOPPA, TQ: SAUNDATTI, DT: BELAGAVI. …RESPONDENT (BY SRI. GURURAJ R. TURAMARI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MV ACT 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 12.06.2018 PASSED IN MVC NO.1511/2016 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT, SAUNDATTI, AS COMPENSATION AWARDED IS EXCESSIVE AND EXORBITANT BY ALLOWING THIS APPEAL & ETC. THIS MFA COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE K.MANMADHA RAO MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2026.01.09 10:14:42 +0530 - 2 - HC-KAR NC: 2026:KHC-D:57 MFA No. 103431 of 2018 ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE K.MANMADHA RAO) This appeal is filed under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as ‘MV Act’) by the NWKRTC (hereinafter referred to as ‘the Corporation’ for short) challenging by the Judgment and Award dated 12.06.2018 passed in MVC No.1511/2016 by the Principal Senior Civil Judge and Additional MACT, Saundatti. 2. For convenience, the parties are referred to, based on their rankings before the Tribunal. 3. Facts giving rise to the filing of the appeal briefly stated are as under: On 08.08.2015 at about 1.30 p.m., on Saundatti- Ramdurg road, situated at the land of Siddappa Ramappa Gudagar, the petitioner the petitioner was inmate as passenger of KSRTC Bus bearing Reg.No.KA-42/F-1595. The driver of the bus drove the same in a rash and negligent manner and lost control over the bus and it toppled down at the spot of the accident. Due to the said impact, the - 3 - HC-KAR NC: 2026:KHC-D:57 MFA No. 103431 of 2018 petitioner and other inmates of the bus sustained grievous injuries. After the accident, the petitioner and others were shifted to the Government Hospital, Saundatti for treatment and thereafter they took treatment in private hospitals. At the time of the accident, the petitioner was studying in 7th standard. Due to the accident, it caused impact on the functional and IQ strategy of the petitioner. The petitioner spent huge amount towards her treatment. The petitioner filed a claim petition under Section 166 of the M.V.Act claiming compensation of Rs.11,25,000/-. 4. In response to court notice, the respondent appeared before the Tribunal and filed written statement denying the averments made in the claim petition. It is stated that claim petition filed by the petitioner is not maintainable. The compensation claimed by the petitioner is highly excessive and exorbitant. It is contended that the petitioners were not at all traveled in the bus and sustained any grievous injuries or fracture. The petitioners have taken undue advantage of the accident and filed the claim - 4 - HC-KAR NC: 2026:KHC-D:57 MFA No. 103431 of 2018 petitions in order to grab compensation by showing their wrong age, occupation, income description of injuries, medical expenses etc., Hence, prays to dismiss the claim petitions. 5. The Tribunal on the basis of the pleadings of the parties, framed issues. The natural guardian of the petitioner was examined as P.W.1, examined the doctor as P.W.2 and got marked documents Exs.P1 to Ex.P24. On the other hand, the driver of the bus was examined as R.W.1 and did not produce any documents on his behalf. The Tribunal after assessing the oral and documentary evidence, allowed the claim petition in part and awarded compensation of Rs.3,20,112.92 with interest at the rate of 9% p.a., from the date of petition till realization. 6. The appellant-Corporation, aggrieved by the judgment and award passed by the Tribunal, filed this Miscellaneous First Appeal. - 5 - HC-KAR NC: 2026:KHC-D:57 MFA No. 103431 of 2018 7. Heard the learned counsel for the appellant- Corporation and the learned counsel for the respondent- claimant. 8. Learned counsel for the appellant-Corporation submits that he does not dispute the compensation awarded by the Tribunal, however, insofar as the interest awarded by the Tribunal is concerned, the same shall be reduced to 6% p.a. instead of 9% p.a. awarded by the Tribunal. 9. Learned counsel for the respondent-claimant submits that he has not objection for the same. 10. In view of the submission made by the learned counsel for the parties, and in view of the decision rendered by this court in MFA NO.5896/2018 C/W MFA NO.4444/2018 AND MFA NO.4659/2018 in the case of MS.JOYEETA BOSE AND OTHERS VS VENKATESHAN V AND OTHERS, wherein a similar question arose with regard to awarding of interest, keeping in view Section 34 of the Code of Civil Procedure, it has been held that rate of interest shall - 6 - HC-KAR NC: 2026:KHC-D:57 MFA No. 103431 of 2018 not exceed 6% p.a. from the date of petition till the date of deposit. In the present case also, the rate of interest is reduced to 6% p.a. instead of 9% p.a. awarded by the Tribunal. Accordingly, this court proceeds to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award passed by the Tribunal is modified by reducing the interest to 6% p.a. instead of 9% p.a. awarded by the Tribunal. iii) The rest of the judgment and award passed by the Tribunal shall remain intact. iv) The compensation awarded by the Tribunal shall be deposited by the appellant-Corporation, if already not deposited, within four weeks from the date of receipt of copy of this order. v) The amount in deposit, if any, shall be transmitted to the Tribunal concerned, forthwith. Sd/- (DR.K.MANMADHA RAO) JUDGE MBS, CT:VP LIST NO.: 1 SL NO.: 27