IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 10^TH DAY OF MARCH 2026 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 102915 OF 2016 (MV-D)

BETWEEN:

THE DIVISIONAL CONTROLLER NWKRTC SIRSI DIVISION, DIVISIONAL OFFICE, HUBLI ROAD, SIRSI, REP. BY CHIEF LAW OFFICER, NWKRTC CENRAL OFFICE, HUBBALLI.

…APPELLANT (BY SRI. M.K.SOUDAGAR, ADVOCATE)

AND:

1. SMT. SUDHA W/O. PANDURANG HARIKANTRA @ HOSAKATTA, VISHAL AGE: 28 YEARS, OCC: HOUSEHOLD, NINGAPPA PATTIHAL R/O: HOSAKATTA, TQ: KUMTA, AT: PRESENT HIREGUTTI, Digitally signed b y VISHAL NINGAPPA TQ: KUMTA-581343.

PATTIHAL Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

2. KUMAR KISHAN S/O. PANDURANG HARIKANTRA @ HOSAKATTA, AGE: 07 YEARS, REPRESENTED BY NATURAL GUARDIAN MOTHER RESPONDENT NO.1, R/O: HOSAKATTA, TQ: KUMTA, AT: PRESENT HIREGUTTI, TQ: KUMTA-581343.

3. SMT. SHASHIKALA W/O. ISHWAR HARIKANTRA @ HOSAKATTA, AGE: 58 YEARS, OCC: HOUSEHOLD, R/O: HOSAKATTA, TQ: KUMTA-581343.

4. SHRI. ISHWAR S/O. GANAPU HARIKANTRA @ HOSAKATTA, AGE: 62 YEARS, OCC: HOUSEHOLD, R/O: HOSAKATTA, TQ: KUMTA-581343.

…RESPONDENTS (BY SRI. HAREESH S.NAYAK, ADVOCATE FOR R3 AND R4;

SRI. NAVEEN CHATRAD, ADVOCATE FOR R1 AND R2 (R2 MINOR REP. BY R1)

THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1)

OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 02.08.2016 PASSED IN MVC NO.123/2012 ON THE FILE OF THE MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KUMTA, AWARDING THE COMPENSATION OF RS.22,00,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITIONS TILL THE DATE OF DEPOSIT; AND ETC.

THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)

This appeal is filed by the appellant -Corporation challenging the judgment and award dated 02.08.2016 passed in MVC No.123/2012 by Additional M.A.C.T., Kumta.

2. The facts leading to file claim are as under;

That on 05.10.2009, the deceased -Pandurang son of Ishwar Harikantra @ Hosakatta was proceeding from Madanageri to Gokarna in vehicle bearing registration No. KA-47 H-5306 as a rider and at about 12.30 p.m., when the said vehicle reached at Moger cross, Talageri one K.S.R.T.C. bus bearing No.KA-25 F-2341 driven by it’s driver –Ashok Narayak Naik, came from Gokarna side to go to Ankola in rash and negligent manner, coming on wrong side dashed to the vehicle of the deceased bearing No.KA -47 H-5306. Due to the said impact, the deceased has sustained grievous injuries and he was shifted to Government Hospital and subsequently, he has been shifted to Manipal Hospital. He succumbed to the injuries, on the way to hospital at Manipal.

The claimants made a claim petition contending that the deceased was aged about 25 years and was working on boat, carrying fish business and earning more than Rs.20,000/- per month. He has bright future and he has capacity to earn more than Rs.25,000/- per month.

3. Respondents have filed written statement before the Tribunal denying the entire averments made in the claim petition and also denying the age, avocation, nature of injuries sustained, period of treatment taken, expenses incurred in treatment, the way and manner in which the accident occurred and the element of rash and negligent driving on the part of the driver of vehicle bearing No.KA-25 F-2341. The driver of the bus was driving in a moderate speed with utmost due care and caution on his left side of the road. When the bus reached near Moger cross, at that time, in opposite direction deceased –Panduranga Ishwar Harikantra was riding his motorcycle bearing No.KA-47 H- 5306 in a high and great speed rash and negligent manner and came on his wrong side and dashed to the bus. The said accident was happened only due to the rash and negligent driving of the deceased –Panduranga.

3. On the basis of the