The Divisional Controller Vs Ravi — Motor Accident Claims | Karnataka HC (2025)

The Divisional Controller Vs Ravi — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Both appeals allowed: impugned award dated 17.08.2016 in MVC No.1429/2014 set aside and matter remanded to the MACT, Arkalagud, to be decided in light of MFA No.10347/2018 with the owner and insurer of the motorcycle impleaded; claimant permitted to withdraw 50% of the amount with accrued interest; amounts deposited before the High Court to be remitted to the Tribunal for disbursement in favour of the appellant in MFA No.1716/2019; interest to be denied for 827 days after decision on remand; Tribunal to decide preferably within four months.

Issue for consideration

Whether the petitioner proves that he sustained severe injuries in the accident of 19.07.2014 at about 2:45 p.m. near S. Ankanahally Gate on Hassan-Mysuru road due to rash and negligent driving of the KSRTC bus bearing Registration No.KA-13/F-1353, by its rider (Tribunal-framed issue i). +2 more

Ratio / Principle

This Court upheld the apportionment of negligence between the driver of the KSRTC bus and the rider of the motorcycle (50% each, as fixed in MVC No.1344/2014).

Key takeaways

Since in the present case the entire liability had been fixed on the driver of the bus, the impugned award is set aside and the matter is remanded to the MACT to decide the case in light of the judgment in MFA No.10347/2018.ratio¶64
On remand, the Tribunal shall implead the owners of the motorcycle and the insurer of the motorcycle as parties.ratio¶64
The Tribunal shall permit the appellant/claimant to withdraw 50% of the awarded amount along with accrued interest.

Detailed headnote1 paragraphs

Motor Accidents – Apportionment of negligence – Non-joinder of motorcycle owner and insurer – Remand. In connected appeals under S.173(1) MV Act by the KSRTC (challenging fixation of entire liability on it) and by the injured pillion rider (seeking enhancement) against the award dated 17.08.2016 in MVC No.1429/2014 (MACT Arkalagud; Rs.4,84,780/- with 6% p.a. interest) arising from the accident of 19.07.2014 in which a motorcycle hit the hind side of a KSRTC bus, killing the rider Mohan Kumar and injuring the pillion rider, the Division Bench (D K Singh J., author) held that negligence stood apportioned 50:50 between the bus driver and the motorcycle rider as upheld in MFA No.10347/2018, and noted that the claimant had not impleaded the motorcycle owner or its insurer. Setting aside the award fixing entire liability on the Corporation, the Court remanded the matter to the Tribunal with directions to implead the motorcycle owner and insurer and decide in light of MFA No.10347/2018, permitted withdrawal of 50% of the amount with accrued interest, directed remittal of deposits to the Tribunal for disbursement, denial of interest for 827 days after decision on remand, and expeditious disposal preferably within four months.

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NC: 2025:KHC:49812-DB MFA No. 6 of 2017 C/W MFA No. 1716 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF NOVEMBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 6 OF 2017 (MV-I)

C/W

MISCELLANEOUS FIRST APPEAL NO. 1716 OF 2019

(MV-I)

IN MFA No. 6/2017

BETWEEN:

THE DIVISIONAL CONTROLLER K S R T C, HASSAN DEPOT HASSAN-573201

Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

(OWNER OF KA-13F-1353 KSRTC BUS) NOW BY THE MANAGING DIRECTOR KSRTC, CENTRAL OFFICES K H ROAD, BANGALORE-560027 REPRESENTED BY ITS CHIEF LAW OFFICER

(BY SRI. F S DABALI., ADVOCATE)

…APPELLANT

AND:

RAVI KEMPEGOWDA AGED ABOUT 31 YEARS R/O KOONANA KOPPALU VILLAGE BELAVADI POST DODDAMAGGE HOBLI ARKALGUD TALUK

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HASAN DISTRICT-573102

MANJA K. S/O KEMPEGOWDA, AGE MAJOR, R/AT KURUBA KOPPALU VILLAGE POST BELAVADI, DODDAMAGGE HOBLI, DISTRICT HASSAN-573102 (OWNER OF MOTOR CYCLE BEARING REGISTRATION NO.KA-13EB 8242)

THE MANAGER THE NEW INDIA ASSURANCE CO.LTD., CHANDANA COMPLEX, HARSHA MAHAL ROAD, HASSAN-573201. (POLICY NO.672401311301000100040 VALID FROM13/11/2013 TO 12/11/2014) …RESPONDENTS (BY SRI. D L MURTHY, ADVOCATE FOR R1; SMT. LOKESHWARI, ADVOCATE FOR R3; R2 SERVED AND UNREPRESENTED)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:17.08.2016 PASSED IN MVC NO.1429/14 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, MACT, ARKALGUD, AWARDING COMPENSATION OF RS.4,84,780/- WITH INTEREST AT 6% P.A. FROM THE DATE OF THE PETITION TILL THE DATE OF DEPOSIT.

IN MFA NO. 1716/2019:

BETWEEN:

RAVI, S/O KEMPEGOWDA, R/O KONNAKOPPALU VILLAGE, BELAVADI POST, DODDAMAGGE HOBLI, ARKALGUD TALUK, HASSAN DISTRICT-573113

...APPELLANT

(BY SRI. MURTHY D L., ADVOCATE)

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AND:

THE DIVISIONAL CONTROLLER

K.S.R.T.C., HASSAN DEPOT, HASSAN-573201

...RESPONDENT

(BY SRI. F.S.DABALI, ADVOCATE)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:17.08.2016 PASSED IN MVC NO.1429/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, ARKALGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

These two appeals have been filed questioning the

judgment and award dated 17.08.2016 passed by the Senior Civil Judge and MACT, Arkalagud in MVC No.1429/2014.

The facts of the case are that on 19.07.2014 at

2:45 p.m. when the appellant in MFA No.1716/2019 was proceeding on a Bajaj Discovery Motorcycle bearing No.KA-

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13/EB-8242 as a pillion rider and one Mohan Kumar was riding the said motorcycle from Holenarasipur to Menaganahally Village on Hassan-Mysuru Road, the motorcycle met with an accident near S. Ankanahally village gate by hitting the hind side of the KSRTC bus bearing No.KA-13/F-1353 which was also going in the same direction ahead of the motorcycle. As a result of the accident, the rider of the motorcycle succumbed to injuries on spot and the appellant suffered serious injuries.

The claim petition came to be filed on behalf of the pillion rider/injured as MVC No.1429/2014. The Tribunal framed the following issues:

i. Whether the petitioner proves that he sustained sever injuries in an accident, occurred on 19.07.2014 at about 2:45 p.m. near S. Ankanahally Gate, on Hassan-Mysuru road, due to rash and negligent driving of the KSRTC bus bearing Registration No.KA-13/F-1353, by its rider?

ii. Whether the petitioner is entitled for compensation? If so, at what quantum and from whom? iii. What order or decree?

The Tribunal has fixed the entire liability on the respondent-Corporation. It may also be noted that the claimant did not make the owner of the motorcycle and insurer of the

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motorcycle as parties before the MACT. Therefore, the Tribunal in MVC No.1344/2014 filed on behalf of the claimants/legal heir of the deceased Mohan Kumar had fixed the negligence at 50% on the driver of the bus and 50% on the rider of the Motorcycle.

We have upheld the said apportionment of

negligence between the driver of the bus as well as the rider of the motorcycle.

In the present case, the entire liability has been fixed on the driver of the bus. Therefore, we set aside the impugned award and remand the matter back to the MACT to decide the case in light of the judgment in MFA No.10347/2018. The Tribunal should also implead the owners of the motorcycle and the insurer of the motorcycle as parties. The Tribunal shall allow withdrawal of 50% of the amount along with accrued interest by the appellant/claimant. Any amount deposited before this Court shall be remitted to the concerned Tribunal for disbursement in favour of the appellant in MFA No.1716/2019.

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We make it clear that after decision on remand, the

Tribunal shall deny the interest to the appellant/claimant for a period of 827 days. The Tribunal shall make an endeavour to decide the claim petition on remand expeditiously preferably within a period of four months.

The present appeals stand allowed in the aforesaid

terms.

Sd/(D K SINGH) JUDGE

Sd/(RAJESH RAI K) JUDGE

RKA

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