- 1 - NC: 2025:KHC-K:1725 MFA No. 201357 of 2019 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. JOSHI MISCL. FIRST APPEAL NO.201357/2019 (MV-D) BETWEEN: THE BRANCH MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., GUNJ ROAD, RAICHUR-584 101. …APPELLANT (BY SRI SUDARSHAN M., ADVOCATE) AND: 1. SMT. ANJUM BEGUM W/O JAMEER @ JAMEEL AHAMED, AGE: 43 YEARS, OCC: HOUSEHOLD AND R.C. HOLDER OF LORRY NO.MH-16/Q-5086, R/O HOUSE NO. 12-11-123, ARAB MOHALLA, RAICHUR-584 101. 2. MADHU D., S/O KONDAYYA @ YALAGONDA, AGE: 28 YEARS, OCC: DRIVER, R/O ESHWARA MADHARAM-507 159, KOOSAMANCHI MANDAL, DIST. KAMMAM, (TELANGANA). Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1725 MFA No. 201357 of 2019 3. DACHIPALLI PULLAIAH S/O SAIDATH, AGE: 40 YEARS, OCC: BUSINESS & OWNER OF LORRY BEARING NO.TS-04/UA-6566, R/O H.NO.1-25, EASHWARA MADHARAM-507 157, KOOSAMANCHI MANDAL, DIST. KAMMAM, (TELANGANA). 4. THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD., KALABURAGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, HUBBALLI-580 020, (AMENDED V/O DTD. 22.07.2019). …RESPONDENTS (BY SRI BABU H. METAGUDDA, ADVOCATE, FOR R1; SMT. PREETI PATIL MELKUNDI, ADVOCATE, FOR R4; R2 & R3 - NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO SET-ASIDE THE JUDGMENT AND AWARD DATED 08.03.2019 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE AND MACT AT RAICHUR IN MVC NO.296/2016 THEREBY CONSEQUENTLY BE PLEASED TO DISCHARGE THE LIABILITY FIXED ON THE INSURANCE COMPANY TO PAY THE COMPENSATION OF RS.1,75,000/-. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. JOSHI - 3 - NC: 2025:KHC-K:1725 MFA No. 201357 of 2019 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C.M. JOSHI) 1. Though this appeal is slated for admission, with the consent of both the parties, it is taken up for final disposal. 2. Heard learned counsel appearing for the appellant and the learned counsels appearing for respondent No.1 and 4 respectively. 3. This appeal is by the New India Assurance Company Ltd., against the judgment and award dated 08.03.2019 passed in MVC No.296/2016 by the II Additional District and sessions Judge and M.A.C.T., Raichur, (hereinafter referred to as ‘the Tribunal’ for the sake of convenience). 4. The only point that was urged in this appeal is that the fastening of the liability on the appellant in respect of the damages to the vehicle belonging to the petitioner is incorrect. A perusal of the records would show that the lorry owned by the petitioner was on the left side of the road, but the lorry insured by the appellant was moving at the center of the road and had collided with the lorry of the petitioner. Hence, the - 4 - NC: 2025:KHC-K:1725 MFA No. 201357 of 2019 petitioner claimed damages from the offending vehicle. The petitioner claimed that he suffered damage of Rs.4,78,000/-, but the Tribunal came to the conclusion that the petitioner is entitled for a sum of Rs.2,81,620/- and he having obtained a sum of Rs.1,00,000/- from his own insurer, is entitled for Rs.1,81,620/- from the appellant herein. 5. Having perused the photographs made available of the spot of the accident and having satisfied that the negligence was on the part of driver of the lorry insured by the appellant herein, no fault can be found with the Tribunal in fastening liability on the offending vehicle, i.e., the one insured by the appellant. More-over, a sum of Rs.1,00,000/- has been claimed by the petitioner from his own insurer and after taking such amount, the Tribunal has assessed the damages at Rs.1,81,620/-. In no way the impugned judgment can be found fault with. In the result, the appeal is bereft of any merits and as such, the same is dismissed at the stage of admission itself. - 5 - NC: 2025:KHC-K:1725 MFA No. 201357 of 2019 6. The amount in deposit is ordered to be transmitted to the Tribunal. Sd/- (C.M. JOSHI) JUDGE SBS List No.: 1 Sl No.: 39 CT: AK