- 1 - NC: 2025:KHC:15987 MFA No. 3350 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.3350/2017 (MV-D) BETWEEN: THABRIJ KHAN, S/O MANSOOR KHAN, AGED ABOUT 45 YEARS, R/AT NO.117, 2ND CROSS, GALIPURA ROAD, CHAMARAJANAGAR CITY, CHAMARAJANAGAR-571 313. …APPELLANT (BY SRI H.V. BHANU PRAKASH, ADVOCATE) AND: 1. SMT. NAGALAMBIKA, W/O SHIVABASAPPA, AGEDA BOUT 45 YEARS, 2. SRI N S SHIVABASAPPA, S/O LATE SHIVAPPA, AGED ABOUT 52 YEARS, BOTH ARE R/A NYANEKATTE VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571 111. 3. THE MANAGER, SHRIRAM GENERAL INS.CO.LTD., 2ND FLOOR, MONARCH CHAMBERS, OPP.TO INFANTRY HALL, BANGALORE-560 001. …RESPONDENTS (BY SRI B.C. SHIVANNEGOWDA, ADVOCATE FOR R3; R1, R2 - SERVED & UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.04.2016 PASSED IN MVC NO.306/2014 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND MACT, CHAMARAJANAGAR, AWARDING COMPENSATION OF RS.7,74,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15987 MFA No. 3350 of 2017 THIS APPEAL, COMING ON FOR HEARING ON I.A., THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.306/2014 dated 06.04.2016 by the Principal District and Sessions Judge and MACT, Chamarajanagar, the liability is fastened on the owner of the vehicle. The same was questioned by the claimant in MFA.No.7195/2017 and this Court by order dated 28.07.2023 has allowed the appeal and held Insurance Company is liable to pay compensation of an amount of Rs.7,55,880/-. 2. In the light of the order passed in MFA.No.7195/2017, this appeal is also allowed holding that the Insurance Company is liable to pay the compensation. 3. Amount in deposit shall be forthwith transferred to the tribunal and the owner of the vehicle is at liberty to withdraw the amount. SD/- (LALITHA KANNEGANTI) JUDGE GRD List No.: 2 Sl No.: 42 Page No.2 is retyped and replaced vide court order dated:26/06/2025.