THE DIVISIONAL CONTROLLER vs HANUMANTHA S/O.BHARAMAPPA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16692
MFA No. 100662 of 2022
C/W MFA No. 103508 of 2022
CNR: KAHC020180862021
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 8 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MRS JUSTICE K.G.SHANTHI
MISCELLANEOUS FIRST APPEAL NO. 100662 OF 2022 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 103508 OF 2022 (MV-I)
IN MFA No. 100662/2022
BETWEEN:
HANUMANTHA S/O BHARAMAPPA
AGE: 23 YEARS,
OCC: BUSINESSMAN,
R/O: VIDYANAGAR,
TQ: GANGAVATHI,
DIST: KOPPAL,
PIN-583227.
…APPELLANT
(BY SRI. A.M. MALIPATIL, ADVOCATE)
AND:
1. MANJUNATH YALIGAR S/O. NINGAPPA
AGE: 33, OCC: DRIVER OF KSRTC BUS,
R/O. BILEBHAVI
TQ. KOPPAL
DIST: KOPPAL,
PIN-583231.
2. THE DIVISIONAL CONTROLLER,
N.E.K.R.T.C., KOPPAL DIVISION,
KOPPAL.
PIN CODE-583231.
3. SHIVAKUMAR
S/O. VEERESH SABARAD
AGE: 24 YEARS,
OCC: OWNER-CUM-RIDER
OF MOTOR CYCLE,
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MFA No. 100662 of 2022
C/W MFA No. 103508 of 2022
CNR: KAHC020180862021
R/O. VIDYANAGAR,
TQ. GANGAVATHI
DIST. KOPPAL,
PIN-583227.
4. THE MANAGER (LEGAL),
IFFCO-TOKIO GENERAL INSURANCE CO., LTD.,
BUSINESS UNITE,
TH
KSCMF BUILDING, 5 FLOOR,
RD TH
3 BLOCK, 4 CROSS,
CUNNINGHAM ROAD,
BENGALURU-560052.
…RESPONDENTS
(BY SRI.S.C. BHUTI, ADVOCATE FOR R2;
SRI. RAVINDRA R. MANE, ADVOCATE FOR R4;
NOTICE TO R1 AND R3 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD IN MVC NO.
274 OF 2018 DATED 12.03.2021 PASSED BY THE COURT OF THE
SENIOR CIVIL JUDGE AND MACT AT GANGAVATHI AND ALLOW THIS
MISCELLANEOUS FIRST APPEAL BY ENHANCING COMPENSATION OF
AWARD AMOUNT AS PRAYED WITH COSTS, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MFA NO. 103508/2022
BETWEEN:
THE DIVISIONAL CONTROLLER
N.E.K.S.R.T.C. KOPPAL DIVISION,
KOPPAL
REPRESENTED BY CHIEF LAW OFFICER,
NEKRTC, CENTRAL OFFICE,
KALABURGI.
...APPELLANT
(BY SRI. S. C. BHUTI, ADVOCATE)
AND:
1. HANUMANTHA S/O.BHARAMAPPA
AGE: 23 YEARS,
OCC: BUSINESSMAN,
R/O. VIDYANAGAR,
TQ: GANGAVATHI,
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NC: 2026:KHC-D:16692
MFA No. 100662 of 2022
C/W MFA No. 103508 of 2022
CNR: KAHC020180862021
DIST. KOPPAL-583227,
2. MANJUNATH YELIGAR S/O. NINGAPPA
AGE: 33 YEARS,
OCC: DRIVER OF KSRTC
BUS BEARING ITS REGN. NO.KA-37/F-0297
BADGE NO.1327
R/O: BILEBHAVI,
TQ: KOPPAL
DIST: KOPPAL-583231.
3. SHIVAKUMAR S/O. VEERESH SABARAD
AGE: 24 YEARS,
OCC: OWNER-CUM-RIDER OF
NEW HONDA DEO MOTOR CYCLE BEARING
T.P.NO.KA-37/TZ-008804/2017-18
R/O. VIDYANAGAR,
TQ: GANGAVATHI,
DIST: KOPPAL-583227.
4. THE MANAGER (LEGAL),
IFFCO-TOKIO
GENERAL INSURANCE COMPANY LIMITED,
BUSINESS UNITE,
KSCMF BUILDING,
TH RD
5 FLOOR, 3 BLOCK,
TH
4 CROSS, CUNNINGHAM ROAD,
BENGALURU-52.
...RESPONDENTS
(BY SRI. A.M. MALIPATIL, ADVOCATE FOR R1;
NOTICE TO R2 AND R3 IS SERVED)
THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD
PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND
M.A.C.T, AT GANGAVATHI IN M.V.C.NO.274/2018 DATED
12.03.2021 IN THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.G.SHANTHI
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MFA No. 100662 of 2022
C/W MFA No. 103508 of 2022
CNR: KAHC020180862021
ORAL JUDGMENT
Aggrieved by the judgment and award dated 12.03.2021
in MVC No.274/2018 passed by the Senior Civil Judge and
MACT, Gangavathi, the petitioner before the Tribunal filed an
appeal in MFA No.100662/2022 seeking enhancement of
compensation and the respondent No.2/Corporation before the
Tribunal filed an appeal in MFA No.103508/2022 challenging
the liability.
2. Parties are hereinafter referred to as per their ranks
before the Tribunal for the sake of convenience.
3. Brief facts of the case are that, on 13.01.2018 at
about 2.00 p.m., the petitioner was traveling on a motorcycle
1
bearing registration No.KA-37/TZ-008804/2017-18 as a pillion
rider, which was rided by the respondent No.3, met with an
accident near Basaveshwar Rice Mill, Raichur Road, Gangavathi.
The accident caused due to rash and negligent driving of KSRTC
2
Bus bearing registration No.KA-37/F-0297 .
1
For short, ‘the motocycle’
2
For short, ‘the Bus’
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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MFA No. 100662 of 2022
C/W MFA No. 103508 of 2022
CNR: KAHC020180862021
4. At the time of accident, respondent No.3 rode his
motor cycle in a high speed, rash and negligent manner and
over took the Bus. Similarly, the respondent No.1 being the
driver of the Bus drove the same in a high speed, rash and
negligent manner and dashed against the motorcycle. Due to
the said impact, petitioner fell down on the road and sustained
grievous injuries and thereafter he was shifted to the hospital.
5. The petitioner contended that, prior to the accident,
he was hale and healthy and was doing business and earning
Rs.12,000/- per month. Due to the accidental injuries, he
became disabled and is not in a position to work as before. He
further contended that he has spent huge amount towards
medical expenses. Accordingly, petitioner filed the claim
petition claiming compensation.
6. On filing of the petition, notices have been issued to
the respondents. Respondent No.3 has not appeared, hence
placed exparte. Respondents No.1, 2 and 4 have appeared
through their counsel, and respondents No.2 and 4 have filed
their objections denying the averments of the claim petition
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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MFA No. 100662 of 2022
C/W MFA No. 103508 of 2022
CNR: KAHC020180862021
and also the petitioner’s age, income, disability, loss of earning
capacity and medical expenses incurred.
7. Respondent No.2 contended that the accident
occurred due to the rash and negligent driving of the Bus and
therefore, there was no negligence on the part of respondent
No.1; the compensation claimed is exorbitant and sought for
dismissal of the petition against it.
8. Respondent No.4 contended that respondent No.1
was not holding a valid driving license and that respondent
No.3 was riding the motorcycle with two pillion riders,
amounting to violation of the policy conditions; so respondent
No.4 was not liable to indemnify the risk; the accident occurred
due to the rash and negligent driving of the Bus and that the
compensation claimed is exorbitant. Accordingly, respondent
No.4 sought for dismissal of the petition against it.
9. Before the Tribunal, the Petitioner himself examined
as PW1 and examined the doctor as PW2 and got marked the
documents as Exs.P.1 to P.72. Respondents on their behalf
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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MFA No. 100662 of 2022
C/W MFA No. 103508 of 2022
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examined the witnesses as RW1 to RW3 and got marked the
documents as Ex.R1 to R10.
10. On hearing the argument, the Tribunal allowed the
claim petition of the petitioner in part and awarded
compensation under the following heads:
A Loss of future income 1,01,520/-
B Pain and suffering 10,000/-
C Loss of amenities in life 10,000/-
D Loss of earning during 11,750/-
treatment
E Diet, Nourishment, Attendants 25,000/-
charges and conveyance
F Medical reimbursement 31,867/-
TOTAL 1,90,137/-
11. Dissatisfied with the quantum of compensation, the
petitioner as well as the Corporation preferred these appeals.
12. Learned counsel for the petitioner argued that the
compensation awarded by the Tribunal under various heads is
inadequate and on the lower side; the Tribunal assessed the
disability to the extent of 4%, though the doctor has assessed
the disability to the extent of 16% to 18%; the petitioner is
suffering severe injuries. Accordingly, prayed for enhancement
of the compensation.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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NC: 2026:KHC-D:16692
MFA No. 100662 of 2022
C/W MFA No. 103508 of 2022
CNR: KAHC020180862021
13. Learned counsel appearing for the insurer of the
motorcycle argued that the compensation awarded by the
Tribunal is adequate.
14. Learned counsel appearing for the Corporation
argued that the Tribunal wrongly fixed the liability to the extent
of 70% on the bus; the rider of the motorcycle was not having
valid license and there was no DL and the vehicle was not yet
registered; the rider of the motorcycle rode the motorcycle in a
rash and negligent manner and caused the accident; the police
have investigated the matter and filed the charge sheet against
the driver of the bus as well as the rider of the motorcycle; the
complainant has clearly stated in the complaint that the rider of
the motorcycle rode the motorcycle in a rash and negligent
manner, though directed him to ride the motorcycle slowly, and
caused an accident. Accordingly, the Corporation prays to
modify the percentage of negligence fixed on the driver of the
Bus.
15. Heard the arguments. Perused the materials
available on record. The points that would arise for
consideration by this Court are as follows:
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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MFA No. 100662 of 2022
C/W MFA No. 103508 of 2022
CNR: KAHC020180862021
(i) Whether the Tribunal is justified in fixing the
liability to the extent of 70% on respondent
No.2/Corporation to pay the compensation?
(ii) Whether the petitioner proves that the
compensation awarded by the Tribunal is
inadequate and it deserves to be modified?
(iii) What order?
16. Points framed by this Court for consideration are
answered as follows:
Point No.(i) : in the negative.
Point No.(ii) : Partly in the affirmative.
Point No.(iii): As per the final order, for the
following:
17. Regarding Point No.(i): On 13.01.2018 at about
02:00 p.m., the petitioner was traveling on a motorcycle as a
pillion rider. When they were proceeding on Raichur Road, the
rider of the motorcycle rode the motorcycle in a rash and
negligent manner and without taking proper care and caution,
has tried to overtake the Bus. According to the Corporation the
driver of the bus has not driven the bus in a negligent manner.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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MFA No. 100662 of 2022
C/W MFA No. 103508 of 2022
CNR: KAHC020180862021
On the other hand, the rider of the motorcycle contributed his
negligence for the accident.
18. The complainant, who is a pillion rider, lodged a
complaint marked as Ex.P2. In the complaint, he has stated
that the rider Shivakumar rode the motorcycle in a rash and
negligent manner on Raichur Road and when the vehicle
reached near Basaveshwara Rice Mill, a lorry came from the
opposite direction so, the rider of the motorcycle all of a sudden
tried to overtake the Bus without looking into the oncoming
vehicle. Further the complainant also stated that the driver of
the Bus was also driving the vehicle in a high speed and
negligent manner. So, there was a collision between the two
vehicles and caused grievous injuries to the petitioner.
19. The evidence of PW1 clearly indicates that, three
persons were moving on the motorcycle and the petitioner was
sitting in the middle and one Shivakumar was riding the
motorcycle and another person was also sitting behind the
petitioner. The evidence further indicates that the Bus came
towards right side and touched to the motorcycle. The
petitioner has produced the copy of the charge sheet which is
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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MFA No. 100662 of 2022
C/W MFA No. 103508 of 2022
CNR: KAHC020180862021
marked as Ex.P3. Accused No.1 is the driver of the Bus and
accused No.2 is the rider of the motorcycle. The police have
investigated the matter and filed a charge sheet against the
rider of the motorcycle as well as the driver of the Bus. The
driver of the Bus examined as RW2. He filed evidence by way of
an affidavit and deposed that, he was driving the Bus very
cautiously but the rider of the motorcycle rode the motorcycle
in a rash and negligent manner and dashed to the Bus. He
denied that he has taken the bus towards right side of two
wheeler.
20. It is pertinent to note that though the police have
filed a charge sheet against the rider of the motorcycle as well
as the driver of the bus either of them not chosen to challenge
the charge sheet filed against them. It is the contention of the
Corporation that three persons were moving on motorcycle and
the vehicle was not registered and the rider had no driving
license to ride the motorcycle.
21. In this regard, RW3 the RTO officer has been
examined. He deposed that the motorcycle is not registered but
it is temporarily registered as per Ex.P12.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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MFA No. 100662 of 2022
C/W MFA No. 103508 of 2022
CNR: KAHC020180862021
22. In this case, the rider of the motorcycle was not
holding the driving license. It is nothing to do with the claim of
the petitioner. The evidence clearly indicates that the rider of
the motorcycle rode the motorcycle in a rash and negligent
manner in spite of the request made by the petitioner to ride
the motorcycle slowly and he tried to overtake the Bus. Further
it indicates that, since a lorry came from the opposite direction,
the motorcycle rider got confused and taken his vehicle to the
right side of the road, by that time, the driver of the Bus moved
the vehicle towards right and touched to the motorcycle.
23. On going through the evidence, it is very clear that
if at all really the Bus was in a moderate speed, definitely it
could have avoided the accident. But, the evidence of the driver
indicates that he had see the motorcycle and the rider of the
motorcycle blowing the horn seeking space to overtake.
24. In such circumstances, when observed that the
driver of the Bus would have slowed down the speed of his
vehicle but, he has not done so. Further, the rider of the
motorcycle also not bothered to observe whether any other
vehicles were coming from the opposite direction and without
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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taking any proper care and caution, without observing and
ascertaining that any other vehicles coming from the opposite
direction, he tried to overtake the Bus and met with an
accident. So, both the rider of the motorcycle as well as the
driver of the Bus contributed their negligence to the accident
and guilty of composite negligence.
25. The Tribunal attributed the negligence to the extent
of 70% on the driver of the Bus and 30% on the rider of the
motorcycle. Looking into the evidence, this Court is of the
opinion that the Tribunal rightly attributed the negligence and it
does not call for interference.
26. Accordingly, point No.(i) is answered in the
negative.
27. Regarding point No.(ii): In the accident, the
petitioner has sustained crush injury to the left leg and was
treated as an inpatient from 18.02.2018 to 22.02.2018. Due to
crush injury, he has suffered a lot. The Tribunal has awarded
compensation of Rs.10,000/- under the head of “pain and
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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suffering”, which is on lower side. The same is enhanced to
Rs.25,000/-.
28. The PW2 doctor has assessed the disability to the
extent of 16% to 18% to the particular limb, assessed 6% to
8% to the whole body. The Tribunal assessed the disability to
the extent of 4%. In this case, the petitioner has not sustained
any fracture and he has sustained only a crush injury which
cannot be treated as a functional disability.
29. The Tribunal rightly assessed the income of the
petitioner and awarded compensation of Rs.1,01,520/- under
the head of loss of future income, which does not call for any
interference in the hands of this Court.
30. The petitioner has sustained crush injury. At least
two months’ time was required for him to recover. During that
period, he was not in a position to work and earn. Therefore,
Rs.20,000/- is awarded under the head of “loss of income
during laid up period”.
31. The Tribunal has rightly awarded compensation of
Rs.31,867/- under the head of “medical expenses”,
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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compensation of Rs.10,000/- under the head of “loss of
amenities” and compensation of 25,000/- under the head of
“food, nourishment, attendant and conveyance charges”, which
does not call for any interference. In all, compensation is
awarded to the petitioner under the following heads:
Sl. Amount in
Heads
No. Rs.
1 Loss of future income 1,01,520/-
2 Towards pain and sufferings. 25,000/-
3 Loss of earning during the 20,000/-
period of treatment
4 Towards medical expenses 31,867/-
5 Towards loss of amenities 10,000/-
6 Food, nourishment, attendant 25,000/-
and conveyance charges
TOTAL 2,13,387/-
32. Thus, the petitioner is entitled to receive
compensation of Rs.2,13,387/- as against Rs.1,90,137/- as
awarded by the Tribunal.
33. Accordingly, point No.(ii) is answered partly in the
affirmative.
34. Regarding point No.(iii): In view of the findings
on point Nos.(i) and (ii), this Court proceeds to pass the
following:
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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MFA No. 100662 of 2022
C/W MFA No. 103508 of 2022
CNR: KAHC020180862021
ORDER
(i) The appeal filed by the Corporation in MFA
No.103508/2022 is dismissed.
(ii) The appeal filed by the petitioner in MFA
No.100662/2022 is allowed in part.
(iii) The impugned judgment and award passed
by the Tribunal is modified. The petitioner
entitled to receive compensation of
Rs.2,13,387/- as against Rs.1,90,137/-
awarded by the Tribunal.
(iv) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
from the date of petition till the date of
payment.
(v) The Corporation shall deposit the
compensation amount to the extent of 70%
of its liability with accrued interest before
the Tribunal within a period of six weeks
from the date of receipt of certified copy of
this judgment.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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(vi) The amount in deposit, if any, is ordered to
be transmitted to the Tribunal along with
records forthwith.
(vii) Draw modified award accordingly.
(viii) Registry to transmit the Trial Court Records
forthwith.
(ix) In view of disposal of this appeal, pending
applications, if any, do not survive for
consideration and the same are accordingly
disposed of.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
(K.G.SHANTHI)
JUDGE
SMM
List No.: 1 Sl No.: 22