Moka Thimmaiah Thippaiah Vs Mallikarjuna Y S/O Y Thippaiah

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NC: 2025:KHC-D:11955 MFA No. 100321 of 2019

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD BENCH DATED THIS THE 12^TH DAY OF SEPTEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 100321 OF 2019 (MV-D)

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BETWEEN:

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MOKA THIMMAIAH THIPPAIAH S/O. LATE SOMAPPA, AGED ABOUT 63 YEARS, AGRICULTURIST CUM OWNER OF THE SEVEN BUFFALOES R/O S.T.COLONY, SHIVAPURA VILLAGE IN BALLARI TALUK AND DISTRICT 583101.

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…APPELLANT

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(BY SRI. MANJUNATHA G. PATIL, ADVOCATE)

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AND:

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MALLIKARJUNA Y S/O Y THIPPAIAH AGE:49 YEARS, DRIVER OF THE APSRTC BUS BEARING REG. NO.AP-29/Z-2912 R/O. PILLALAPALLI VILLAGE IN KALYANADURGA MANDAL OF ANANTHAPUR DISTRICT A.P- 420001.

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MOHANKUMAR B SHELAR

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Location: HIGH COURT OF KARNATAKA

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THE DIVISIONAL CONTROLLER APSRTC, OWNER OF THE APSRTC BUS BEARING REG. NO.AP 29/Z 2912 R/O. ANANTHAPUR DIVISION, ANANTHAPUR IN A.P.420001

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…RESPONDENTS

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(BY SRI. ASR NAMAZI, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH)

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2 - NC: 2025:KHC-D:11955 MFA No. 100321 of 2019

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HC-KAR

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THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE LOWER RECORDS IN MVC NO.53/2016 DATED 07.4.2017 ON FILE OF MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL-XIITH AT BALLARI AND ENHANCE THE COMPENSATION FROM RS.1,50,000/- BY MODIFYING THE JUDGMENT IN MVC NO.53/2016 DATED 07.04.2017 ON THE FILE OF MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL-XIITH AT BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

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ORAL JUDGMENT

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This Miscellaneous First Appeal is filed by the petitioner, being dissatisfied with the quantum of compensation awarded vide judgment and award dated 07.04.2017 passed in M.V.C.No.53/2016 by the learned M.A.C.T.-XII, Ballari.

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Brief facts, leading rise to the filing of this appeal are as follows:

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On 14.05.2015 at about 07.00 p.m. near Krishnappa

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field on Moka-Ballari road in Sivapura village, the Andhra Pradesh State Road Transport Corporation (hereinafter referred to as ‘APSRTC’, for short) bus bearing registration

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3 - NC: 2025:KHC-D:11955 MFA No. 100321 of 2019

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HC-KAR

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No.AP-29/Z-2912 came in a rash and negligent manner and dashed to the buffaloes of the petitioner. As a result, five buffaloes sustained grievous injuries all over the body and the said buffaloes succumbed to the injuries. The petitioner, being the owner of the buffaloes, filed the claim petition under Section 166 of the M.V. Act seeking compensation for the injuries sustained by the buffaloes, and for the death of the buffaloes. Accordingly, prays to allow the claim petition.

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The driver of the bus appeared through the counsel, however, did not file a statement of objections. The Corporation (APSRTC) filed a statement of objections denying the averments made in the claim petition and contended that the Corporation is not liable to pay compensation, as the accident took place due to the fault of the petitioner. Hence, prays to dismiss the claim petition.

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The Tribunal, based on the pleadings of the parties, framed the relevant issues.

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HC-KAR

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The petitioner, to substantiate his case,

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examined himself as PW-1 and marked 17 documents as Exs.P-1 to P-17. Conversely, the respondents neither examined any witnesses nor produced any documents.

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The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part vide judgment dated 07.04.2017 and awarded a compensation of Rs.1,50,000/- with interest at the rate of 7% p.a. from the date of the petition till the date of realization and held that the driver and Corporation are jointly and severally liable to pay the compensation to the petitioner.

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The petitioner, being dissatisfied with the

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quantum of compensation, filed this appeal.

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8. Heard the arguments of the learned counsel for

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the petitioner and the learned counsel for the Corporation.

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HC-KAR

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Learned counsel for the petitioner submits that

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the compensation awarded by the Tribunal is on the lower side. He further submits that the cost of one buffalo in 2015 was more than Rs.50,000/-. The Tribunal, based on Exs.P-6 to P-10 has awarded the compensation. He also submits that at Ex.P-6, the doctor has approximately valued the animal cost. The doctor has not valued at the market value. Hence, on these grounds, he prays to allow the appeal.

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Per contra , the learned counsel for the Corporation supported the impugned judgment and award and contended that the Tribunal has rightly awarded a global compensation of Rs.1,50,000/-. Hence, the compensation awarded by the Tribunal is just and proper. Accordingly, prays to dismiss the appeal.

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Perused the records and considered the submissions of the learned counsel for the parties.

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The point that would arise for consideration is regarding the quantum of compensation.

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HC-KAR

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There is no dispute regarding the occurrence of the accident and the death of 5 buffaloes in a road traffic accident. The petitioner has produced a chargesheet marked at EX.P-12 which discloses that the accident occurred due to the rash and negligent driving of the driver of the bus.

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The petitioner has produced the postmortem report s marked as Exs.P-6 to P-10 wherein the doctor, while issuing the postmortem report, has valued the dead animals.

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From the perusal of Exs.P-6 to P-10, the doctor has not stated anything as to on what basis he has valued the dead animals at the time of death. In the absence of the reasons assigned by the doctor, the Tribunal has committed an error in awarding the compensation based on Exs.P-6 to P-10. Considering the value of the dead animals at the time of the accident, this Court is of the considered opinion that the petitioner is entitled to get a global compensation of

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HC-KAR

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Rs.2,50,000/- as against Rs.1,50,000/- awarded by the Tribunal. Accordingly, the petitioner is entitled to an enhanced compensation of Rs. 1,00,000/-.

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In view of the above discussion, I proceed to

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pass the following order:

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ORDER

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(i) The Miscellaneous First Appeal is allowed in part.

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(ii) The judgment and award dated 07.04.2017 passed in M.V.C.No.53/2016 by the learned M.A.C.T.-XII, Ballari, is modified.

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(iii) The petitioner is entitled to a compensation of Rs.2,50,000/- as against Rs.1,50,000/- awarded by the Tribunal i.e., to an enhanced compensation of Rs. 1,00,000/- with interest at the rate of 7% p.a. from the date of the petition till the date of realization.

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(iv) The Corporation is directed to deposit the compensation amount with accrued interest within eight weeks from the date of receipt of a copy of this judgment.

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NC: 2025:KHC-D:11955 MFA No. 100321 of 2019

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HC-KAR

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(v) Tribunal Records be transmitted to the concerned tribunal.

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Sd/(ASHOK S. KINAGI) JUDGE

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NAA CT:ANB List No.: 1 Sl No.: 14

Moka Thimmaiah Thippaiah v. Mallikarjuna Y S/O Y Thippaiah

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Moka Thimmaiah Thippaiah v. Mallikarjuna Y S/O Y Thippaiah

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