- 1 - NC: 2025:KHC:17293 MFA No. 4235 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.4235 OF 2024(MV-I) BETWEEN: THE MANAGER, REPRESENT FOR THE M/S. SHRIRAM TRANSPORT FINANCE COMPANY LTD., NO.3/5, 3RD FLOOR, S.V. ARCADE, BILEKAHALLI MAIN ROAD, BANNERUGHATTA MAIN ROAD, IIMB POST, BANGALORE – 560 076, REPRESENTED BY ASSISTANT MANAGER. …APPELLANT (BY SRI. B.C.SHIVANNE GOWDA., ADVOCATE) AND: 1. SMT. E.P.SUSANNA, W/O. M. S. CHETHAN KUMAR, AGED ABOUT 31 YEARS, R/AT 1ST CROSS, HOSA BULLAPURA, BHADRAVATHI. 2. G. H. SHIVAKUMAR NAIK, S/O. HIRIYANNA NAIK, AGED ABOUT 29 YEARS, R/O. GUBBI HALLI TANDA, BANUR POST, KADUR TALUK, CHIKMAGALURU – 577 135. 3. HIRANYA NAIKA, S/O. NINGA NAIKA, AGED ABOUT 53 YEARS, R/O. GUBBI HALLI TANDA, BANUR POST, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17293 MFA No. 4235 of 2024 KADUR TALUK, CHIKMAGALURU – 577 135. …RESPONDENTS (BY SMT.NITHYA V., ADVOCATE FOR SRI.PRAKASH M.H., ADVOCATE FOR R2 AND R3; R1 – E.P.SUSANNA SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.03.2024 PASSED IN MVC NO.48/2021 ON THE FILE OF THE MEMBER, ADDITIONAL MACT-11 AND PRL. SENIOR CIVIL JUDGE, BHADRAVATHI, AWARDING COMPENSATION OF RS.1,10,147/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.48/2021 dated 05.03.2024, by the Member, Addl. M.A.C.T-11 & Prl. Senior Civil Judge, Bhadravathi, the Insurance Company is before this Court. The claim petition was filed seeking compensation of an amount of Rs.47,40,000/- for the injuries sustained by the claimant in the accident. 2. The Tribunal, by order impugned, had granted the compensation of an amount of Rs.1,10,147/-. It is the case of the claimant that on 30.03.2019 at about 4.30 a.m., she was travelling in Eicher vehicle bearing registration No. KA-18-A- 9401 along with her orchestra equipments on Shikaripura- - 3 - NC: 2025:KHC:17293 MFA No. 4235 of 2024 Shiralkoppa Road, opposite to Kuttralli Farm. The driver of the vehicle drove the same in a rash and negligent manner and dashed to the roadside cement pillar causing the accident. It is the case of the Insurance Company that it is a goods vehicle. As per the claimant, she was travelling in a goods vehicle and she was a gratuitous passenger. In the light of the law laid down by the Hon'ble Apex Court in M/s. National Insurance Co. Ltd vs. Baljit Kaur And Ors1, the Insurance Company is not liable to pay the compensation. The Tribunal has held that the Insurance Company is liable on the ground that there is an Insurance Policy and the policy was in force as on the date of the accident and the Tribunal had relied on the judgment of this Court in New India Assurance Co. Ltd. vs. Rajendra Singh & Others2 and also the Tribunal had considered the judgement of the Hon'ble Apex Court in National Insurance Co. Ltd. vs. V.Sinitha3. The material on record discloses that she was travelling in the vehicle as an agent of the owner of the said orchestra goods. As such, the Insurance Company is liable to pay the compensation. 1 AIR 2004 SC 1340 2 ILR 2000 KAR 886 3 (2012)2 SCC 356 - 4 - NC: 2025:KHC:17293 MFA No. 4235 of 2024 3. Learned counsel appearing for the Insurance Company submits that she is a singer and the owner of the goods is already travelling in the vehicle. The finding of the Tribunal that she is the owner of the goods is contrary to the evidence available on record and once she is a singer and travelling in the said goods vehicle, she is a gratuitous passenger and the Insurance Company is not liable to pay the compensation. 4. Learned counsel appearing for the respondents submits that the Tribunal had rightly considered the evidence and passed the order holding that the Insurance Company is liable to pay the compensation. 5. Having heard the learned counsels on either side, perused the material on record. There is no dispute about the fact that the owner of the said orchestra is also travelling in the said vehicle. In those circumstances, the claimant cannot be termed as a owner of the good and when she is not the owner of the goods, she is travelling in the goods vehicle as a gratuitous passenger, in the light of the settled law, the - 5 - NC: 2025:KHC:17293 MFA No. 4235 of 2024 Insurance Company is not liable to pay the compensation and owner alone is liable to pay the compensation. 6. Accordingly the appeal of the insurance company is allowed holding that the Insurance Company is not liable and the owner alone is liable to pay the compensation. i) The amount in deposit shall be forthwith transferred to the Tribunal. On such deposit, the Insurance Company is at liberty to withdraw the same. ii) The respondent No.3-Owner shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iii) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the Judgment passed by this Court forthwith without any delay. iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 30