IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO.103175 OF 2016 (MV)

BETWEEN:

1. NWKRTC SIRSI DIVISION, SIRSI, (OWNER OF VEHICLE NO.KA-31/F-867)

2. THE M.D. NWKRTC CENTRAL OFFICE, GOKUL ROAD, HUBBALLI.

BOTH R/BY THE CHIEF LAW OFFICER, Digital ly signed NWKRTC CENTRAL OFFICE, by GOKUL ROAD, HUBBALLI.

MOHANKUMAR B SHE LAR …APPELLANTS Location: High Court of (BY SRI. I.C. PATIL, ADVOCATE)

Karnataka, Dharwad Bench AND:

RAMCHANDRA KANNA NAIK, AGE. 34 YEARS, R/O: KANALLI, PO: KANNALI, TQ: SIDDAPUR (N.K)-581 355.

…RESPONDENT (RESPONDENT IS SERVED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION

173(1) OF THE MOTOR VEHICLES ACT 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 07.05.2016 SENIOR CIVIL JUDGE AND ADDL. MACT, SIDDAPUR AS COMPENSATION AWARDED IS EXCESSIVE AND EXORBITANT BY ALLOWING THIS APPEAL & ETC.

THIS MFA HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 22.01.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV JUDGMENT

This appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘MV Act’) by the Insurance Company challenging the Judgment and Award dated 07.05.2016 passed by the Senior Civil Judge and Addl. MACT, Siddapur in MVC No.91/2014.

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 02.12.2012 at about 1.55 p.m., on Siddapur-Dammao road, when the claimant was proceeding in his motorcycle bearing registration No.KA-31/Q-7387, near Bellamadiki, Siddapur, from Lambapur towards Siddapur, at that time, the Bus bearing registration No.KA-31/F-867 driven by its driver, came from opposite direction, in a rash and negligent manner and hit to the motorcycle of the claimant and caused the accident. As a result of which, the claimant sustained grievous injuries and was taken to Government Hospital, Siddapur and thereafter shifted to SDM Hospital, Dharwad for further treatment. The claimant also claims that he has taken treatment in K.S.Hegde Hospital, Mangalore by spending more than Rs.6,00,000/- towards his treatment. It has been urged that before the accident he was earning Rs.3300/- p.m. by doing agriculture but due to the impact of the accident, he allegedly has become permanently disabled. He submits that the accident occurred solely due to rash and negligent driving of the offending Bus by its driver and the respondents being the owners of the offending Bus are said to be jointly and severally liable to compensate the claimant and hence the claimant claimed total compensation of Rs.15,00,000/- together with interest at the rate of 15% per annum from the date of the petition till the realization of the amount.

4. In response to the Court notice, the respondent No.2 remained ex-parte, whereas the respondent No.1 appeared before the Court through his counsel and filed his written statement denying the claim of the claimant with regard to occurrence of the accident due to the rash and negligent driving of the offending Bus by its driver, the claimant sustaining grievous injuries in the said accident, his incurring amount towards medical expenses, his earnings etc. Thus, the respondent No.1 has attributed the entire fault to the claimant for causing the accident and urged that the driver of the Bus was slowly driving it and therefore he has sought for dismissal of the petition.

5. The Tribunal on the basis of the pleadings of the parties, framed issues. The claimant examined himself as P.W.1, examined the doctor as P.W.2 and got marked documents Exs.P1 to Ex.P108. On the other hand, respondent No.1 - Insurance Company examined one witness as R.W.1 and no documents were marked. The Tribunal after assessing the oral and documentary evidence, allowed the claim petition in part