THE DIVISIONAL CONTROLLER vs MANGALA W/O. BHARMAPPA BELUR @ CHALAVADI

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HC-KAR
NC: 2026:KHC-D:16581
MFA No. 103296 of 2022
C/W MFA No. 104566 of 2022


CNR: KAHC020126952022



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 6 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MRS JUSTICE K.G.SHANTHI

MISCELLANEOUS FIRST APPEAL NO. 103296 OF 2022 (MV-D)

C/W

MISCELLANEOUS FIRST APPEAL NO. 104566 OF 2022 (MV-D)



IN MFA No. 103296/2022
BETWEEN:

THE DIVISIONAL CONTROLLER
NWKRTC, HOSUR ROAD,
HUBLI, DIST- DHARWAD
PIN-580021.

R/BY ITS CHIEF LAW OFFICER,
REGIONAL OFFICE, HUBLI
(RESPONDENT IN MVC NO. 1554/2019)
…APPELLANT
(BY SRI. MADANMOHAN M. KHANNUR, ADVOCATE)

AND:

SRI. CHANDRASHEKHARAPPA @ SHEKHAR
S/O. BASAVARAJAPPA CHALAVADI,
AGE: 28 YEARS,
OCC: HAMALI AND GOUNDI WORK,
R/O. GUDDADA ANAVERI VILLAGE OF
RANEBENNUR TALUK,
DIST: HAVERI
PIN-581115.
…RESPONDENT
(BY SRI. D.M. MALLI, ADVOCATE)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO CALL FOR THE RECORDS IN MVC NO.1554/2019
ST
ON THE FILE FO THE COURT OF THE 1 ADDL. SENIOR CIVIL JUDGE
AND ADDL. MACT, RANEBENNUR, EXAMINE THE SAME AND SET
ASIDE THE JUDGMENT AND AWARD DATED 05 FEB 2022 AS

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HC-KAR
NC: 2026:KHC-D:16581
MFA No. 103296 of 2022
C/W MFA No. 104566 of 2022


CNR: KAHC020126952022


AGAINST THE APPELLANT AND ALSO MODIFY THE AWARD AND
JUDGMENT BY REDUCING THE COMPENSATION TO THE JUST LEVEL
IN THE INTEREST OF JUSTICE.

IN MFA NO. 104566/2022
BETWEEN:

THE DIVISIONAL CONTROLLER
NWKRTC HOSUR ROAD,
RANEBENNUR, DIST HAVERI
R/BY ITS CHIEF LAW OFFICER,
REGIONAL OFFICE,
HUBLI.
...APPELLANT
(BY SRI. MADANMOHAN M. KHANNUR, ADVOCATE)

AND:

1. MANGALA W/O. BHARMAPPA BELUR @ CHALAVADI
AGE: 32 YEARS, OCC: HOUSEWIFE,

2. SPANDANA D/O. BHARMAPPA BELUR @ CHALAVADI
AGE: 10 YEARS, OCC: STUDENT

3. BHARATH S/O. BHARMAPPA BELUR @ CHALAVADI
AGE: 9 YEARS, OCC. NIL

4. LAXMAVVA W/O. BASAPPA BELUR @ CHALAVADI
AGE: 53 YEARS, OCC: NIL.

5. BASAPPA S/O. PUTTAPPA BELUR @ CHALAVADI
AGE. 58 YEARS, OCC. NIL,

(RESPONDENT NO. 2 AND 3 ARE MINORS AND
THEY ARE REPRESENTED BY THEIR
MOTHER RESPONDENT NO.1
ALL ARE RESIDENT OF AMBEDKAR NAGAR,
RANEBENNUR, DIST. HAVERI.
PIN CODE-581115.

...RESPONDENTS
(BY SRI.D.M. MALLI, ADVOCATE FOR R1 TO R5;
R2 AND R3 ARE MINORS REP. BY R1)

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HC-KAR
NC: 2026:KHC-D:16581
MFA No. 103296 of 2022
C/W MFA No. 104566 of 2022


CNR: KAHC020126952022


THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO CALL FOR THE RECORDS IN MVC
ST
NO.1553/2019 ON THE FILE OF THE COURT OF THE 1 ADDL.
SENIOR CIVIL JUDGE AND ADDL. MACT, RANEBENNUR,
EXAMINE THE SAME AND SET ASIDE THE JUDGMENT AND
AWARD DATED 05 FEB 2022 AS AGAINST THE APPELLANT AND
ALSO MODIFY THE AWARD AND JUDGMENT BY REDUCING THE
COMPENSATION TO THE JUST LEVEL IN THE INTEREST OF
JUSTICE.

THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE K.G.SHANTHI

ORAL JUDGMENT

Aggrieved by the common judgment and award dated
05.02.2022 in MVC Nos.1554/2019 and 1553/2019 passed by
the I Additional Senior Civil Judge and Additional MACT,
Ranebennur, the respondent/Corporation before the Tribunal
filed appeals in MFA No.103296/2022 and MFA
No.104566/2022 respectively, challenging the impugned
judgment and award.

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 27.03.2019
Bharmappa and Chandrashekharappa had gone to attend
festival at Guddada Anaveri village, taluka Ranebennur.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:16581
MFA No. 103296 of 2022
C/W MFA No. 104566 of 2022


CNR: KAHC020126952022


Bharmappa was riding the motorcycle bearing registration
No.KA.27/ED-8366 in a moderate speed on the left side of the
road. Chandrashekharappa was the pillion rider. When they
reached near the land of Mahadevappa Honnali on Ranebennur-
Guddada Anaveri road, by that time bus bearing registration
No.KA.27/F-512 came from opposite side in a high speed and
negligent manner, and dashed to the motorcycle. Due to the
said impact, Bharmappa died on the spot and
Chandrashekharappa has sustained grievous injuries.

4. According to the petitioners both are the earning
members of their respective families. The petitioner in MVC
1554/2019 contended that due to accidental injuries he become
disabled person and lost his income. They have spent huge
amount towards medical expenses and other expenses.
Accordingly, the petitioners have filed claim petitions before the
Tribunal claiming compensation.

5. On filing of the petitions, notices have been issued
to the respondents. The respondents appeared through their
counsel and filed written statement denying the averments of
toto
both claim petitions in . The respondent/Corporation
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:16581
MFA No. 103296 of 2022
C/W MFA No. 104566 of 2022


CNR: KAHC020126952022


contended that the entire negligence is on the part of the
deceased Bharmappa, there is no negligence on the part of the
driver of the Bus. Therefore, sought to dismiss the claim
petitions.

6. Before the Tribunal, the petitioners themselves
examined as PW1 and PW2 and one witness examined as PW3
and got marked the documents as Exs.P.1 to P.19. On behalf of
the respondent, two witnesses have been examined as RW1
and RW2 and got marked Exs.R1 to R10.

7. On hearing the argument, the Tribunal allowed the
claim petitions in part and awarded compensation under the
following heads:
IN MVC No.1554/2019:
Sl.
Heads Amount in Rs.
No.
1 Medical expenses 86,400/-
2 Loss of income during laid up 13,250/-
period
3 Loss of future income on 2,70,300/-
account of permanent disability
4 Pain and suffering 30,000/-
TOTAL 3,99,950/-


Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:16581
MFA No. 103296 of 2022
C/W MFA No. 104566 of 2022


CNR: KAHC020126952022


IN MVC No.1553/2019:
Sl.
Heads Amount in Rs.
No.
1 Loss of estate 16,500/-
2 Funeral expenses and 16,500/-
transportation expenses
3 Loss of consortium 2,20,000/-
4 Loss of dependency 25,04,160/-
TOTAL 27,57,160/-

The Tribunal further held that, the respondent/Corporation
is liable to pay compensation to the petitioners with interest at
the rate of 9% per annum from the date of petition till
realization and directed to deposit the same within 30 days
from the date of the order.

8. Dissatisfied with the impugned judgment and
award, the respondent/Corporation preferred these appeals.

9. Learned counsel for the respondent/Corporation
argued that the accident occurred on 27.03.2019 due to the
negligence of the rider of the motorcycle; there is no
negligence on the part of the driver of the bus; the
compensation awarded by the Tribunal to the legal heirs of the
deceased and also for the injured are exorbitant and interest
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:16581
MFA No. 103296 of 2022
C/W MFA No. 104566 of 2022


CNR: KAHC020126952022


awarded at the rate of 9% on the compensation amount is also
exorbitant. Accordingly, prays to modify the award.

10. Learned counsel for the petitioners argued that the
Tribunal awarded compensation taking the monthly income of
the injured and the deceased at Rs.13,250/- per month as per
the guidelines issued by the Karnataka Legal Services
Authority; the police have investigated the matter and filed a
charge sheet against the driver of the Bus, which has not been
challenged by the Corporation; the Tribunal has rightly
appreciated all the documents and awarded compensation in
both the claim petitions. Accordingly, prays for dismissal of the
appeals.

11. Heard the arguments. Perused the materials
available on record. The points that would arise for
consideration by this Court are as follows:

(i) Whether the respondent/Corporation proves
that the compensation awarded by the
Tribunal in both the claim petitions is
inadequate and it deserves to be modified?

(ii) What order?
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:16581
MFA No. 103296 of 2022
C/W MFA No. 104566 of 2022


CNR: KAHC020126952022



12. Points framed by this Court for consideration are
answered as follows:
Point No.(i) : In the negative.
Point No.(ii) : As per the final order, for the
following:

13. Regarding Point No.(i): It is the contention of
the Corporation that the accident occurred due to the
negligence of the rider of the motorcycle. The documents
produced before the Tribunal i.e., FIR, complaint, spot
panchanama, IMV report and charge sheet which marked as
Ex.P1 to 4 and 7, indicate that the accident occurred due to the
negligence of the driver of the Bus. On the unfaithful day, the
rider and pillion rider was proceeding in a motorcycle and met
with an accident. Though, the Corporation taken up a
contention that the accident occurred due to the negligence of
the rider of the motorcycle, there is no complaint filed against
the rider of the motorcycle. The documents marked as Ex.R1
to R10 i.e., the photographs, CD, copy of the complaint and the
sketch indicates that the driver of the bus lodged a complaint
before Police Inspector of Haveri District and the Police
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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MFA No. 103296 of 2022
C/W MFA No. 104566 of 2022


CNR: KAHC020126952022


Inspector sent intimation to the Divisional Controller NWKRTC
informing about the accident and also produced the postal
receipt. But there is no material evidence placed before the
Court to show that what is the further investigation made
based on the complaint submitted by him.

14. RW1 in his cross examination clearly admitted that
on 27.03.2019 he was the driver of the Bus and he also
admitted that the police have investigated the matter and filed
the charge sheet against him. He also admitted that he has not
lodged any complaint to the police. He also admitted that there
is no material document to show that Tata ACE vehicle was
involved in the accident as stated in examination-in-chief of
evidence. Further admitted that he do not know who is the
owner of the Tata ACE, and number of the alleged vehicle.

15. RW2 is the Police Inspector. In his evidence, he
deposed that due to the accident, motorcycle and bus both the
vehicles have damaged.

16. The evidence of RW1 and RW2 is not sufficient to
hold that the rider of the motorcycle has contributed his
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:16581
MFA No. 103296 of 2022
C/W MFA No. 104566 of 2022


CNR: KAHC020126952022


negligence to the accident. On the other hand, oral and
documentary evidence clearly establishes that the accident has
occurred due to the negligence of the driver of the Bus. So, the
contention of the Corporation does not carry any weight. The
Tribunal has rightly appreciated the documents and evidence
and come to the conclusion that the accident occurred due to
the negligence of the driver of the Bus. Further, it is also
observed that the Corporation failed to establish that the
accident has occurred due to the negligence of the rider of the
motorcycle. The Corporation has not made out any grounds to
allow the appeals.

17. Accordingly, point No.(i) is answered in the
negative .

18. Regarding point No.(ii): In view of the findings
on point No.(i), this Court proceeds to pass the following:
ORDER

(i) The appeals filed by the Corporation in MFA
No.103296/2022 and MFA No.104566/2022
are dismissed.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:16581
MFA No. 103296 of 2022
C/W MFA No. 104566 of 2022


CNR: KAHC020126952022



(ii) The impugned judgment and award passed
by the Tribunal is confirmed.

(iii) The amount in deposit, if any, is ordered to
be transmitted to the Tribunal along with
records forthwith.

(iv) 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 14-10-2026

(K.G.SHANTHI)
JUDGE


SMM
List No.: 1 Sl No.: 40