The court confirmed that liability lay with the bus driver and assessed compensation based on statutory criteria, modifying awards to claimants accordingly.

JUDGMENT :

(PER: HON'BLE MRS JUSTICE GEETHA K.B.)

MFA No.103952/2023 and MFA Crob. No.100079/2025 are filed challenging the judgment and award dated 23.02.2023 passed in MVC No.458/2020 on the file of Senior Civil Judge and Additional MACT, Koppal (for short, ‘Tribunal’).

2. MFA No.100507/2023 and MFA Crob. No.100165/2022 are filed challenging the judgment and award dated 06.01.2022 passed in MVC No.495/2020 on the file of Senior Civil Judge and Additional MACT, Koppal.

3. The above said appeals are filed by the insurer challenging the liability and cross-objections are filed by the claimants praying for enhancement of compensation in the above two appeals respectively under Section 173 (1) of Motor Vehicles Act, 1988 (for short, ‘Act’).

4. The parties would be referred with their rankings as they were before the Tribunal for convenience and clarity.

5. The case of claimants in both cases before the Tribunal in nutshell is that on 02.07.2020 at about 1-1.15 p.m. deceased Dadapeer being pillion rider and Sunil Kumar being rider of the motorcycle bearing registration No.KA-36/EE-9039 were proceeding on Hospet-Gadag NH-63 bypass road near Chukkanakal Cross, Hospet-Gadag NH-63 bypass, respondent No.1 came from Hospet side by driving NEKRTC bus bearing registration No.KA-35/F-70 and dashed to the motorcycle and thereby caused the accident. Due to the accident, both of them have sustained grievous injuries. Dadapeer died at the spot and Sunil Kumar died while on the way to hospital for treatment. Hence, claim petitions came to be filed by the claimants seeking compensation.

6. In MVC No.458/2020, it is further averred that the deceased Dadapeer was working as beldar mason, earning Rs. 18,000/- per month and maintaining his large family. Due to his sudden death, petitioners lost their bread earner. Petitioners are his wife, children, parents, sisters and brother. Hence, prayed for just compensation.

7. In MVC No.495/2020, it is further averred that prior to the accident deceased Sunil Kumar was working as painter and earning Rs. 30,000/- per month and was contributing the entire income towards his family. Claimants No.1 and 2 are his mother and unmarried sister. They have lost the bread earner of their family, who was supporting in the old age of claimant No.1. Claimant No.2 was unmarried sister. They were entirely depending on the income of the deceased. The accident occurred only due to rash and negligent driving of the driver of NEKRTC bus. Hence, prayed for just compensation.

8. After service of notice, respondent No.2 appeared through its counsel and filed written statement. In the written statement it contended that the accident occurred due to negligence of the rider of motorcycle who was not having valid driving licence, who came across and dashed against the bus and thereby caused the accident. Hence, it is not liable to pay the compensation. It also contended that the owner and insurance company of the motorcycle are also necessary parties to the petitions and petitions are bad for non-joinder of necessary parties. Hence, prayed for dismissal of petitions.

9. In MVC No.458/2020, on behalf of claimants, claimant No.1 was examined as P.W.1, got marked Exs.P.1 to P.10 and closed their side; on behalf of respondents, the driver of the bus was examined as R.W.1, got marked Exs.R.1 to R.3 and closed their side.

10. After recording evidence on both sides and hearing arguments of both sides, the Tribunal has awarded compensation at Rs. 33,46,600/- in MVC No.458/2020. 11. In MVC No.495/2020, claimant No.1 was examined as P.W.1, got marked Exs.P.1 to P.9 and closed their side; On behalf