- 1 - HC-KAR NC: 2025:KHC:20617-DB MFA No. 8196 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 8196 OF 2015 (MV-D) BETWEEN: THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE II FLOOR, JLB ROAD, CHAMUNDI PURAM, MYSORE THROUGH ITS BENGALURU REGIONAL OFFICE NO.9, 2ND FLOOR, MAHALAKSHMI CHAMBERS, MG ROAD, BENGALURU-560 001, REPRESENTED BY ITS MANAGER. …APPELLANT (BY SRI. S. V. HEGDE MULKHAND., ADVOCATE) AND: 1. SMT. DEEPIKA W/O. LATE VIVEKANANDA @ YOGANANDA, AGED ABOUT 29 YEARS, 2. SMT. SHARADAMMA W/O. LATE PUTTEGOWDA, AGED ABOUT 62 YEARS, BOTH ARE R/O DOOR NO.246, SECOND CROSS, SHARADADEVINAGARA, MYSORE CITY-570 001. 3. SRI. YOGAMURTHY S/O. LATE RAMAKRISHNA, Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20617-DB MFA No. 8196 of 2015 AGED ABOUT 35 YEARS, R/O NO.106, 5TH MAIN, III CROSS, MATHIKERE, BANGALORE-560 054. 4. SRI. SHYAM KUMAR S/O. JYOTHI, AGED ABOUT 32 YEARS, R/O NO. 221, 8TH MAIN, III CROSS MATHIKERE, BANGALORE-560 054. 5. SHYAMALI MANNA W/O. SWAPAN MANNA, BANTUL, BAGNAN, HOWRAH-711303. 6. NATIONAL INSURANCE COMPANY LTD., NO.371/A, III FLOOR, PRESTIGE SHOPPING ARCADE, RAMASWAMY CIRCLE, MYSORE-570 001. …RESPONDENTS (BY SMT. JAYASHRI M.KULKARNI (KRISHNAMURTHY), ADV. FOR R1 & R2, SMT. SUKRUTA R., ADV. FOR R6, NOTICE TO R4 HELD SUFFICIENT, V/O DATED: 02.01.2023 SERVICE ON R5 IS H/S, R3 - SERVED.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 17.07.2015 PASSED IN MVC NO.1379/2011 ON THE FILE OF THE COURT OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AND SENIOR CIVIL JUDGE, MACT, MYSURU, AWARDING COMPENSATION OF RS.16,21,000/- WITH INTEREST 6% P.A FROM THE DATE OF PETITION TILL ITS REALISATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:20617-DB MFA No. 8196 of 2015 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE G BASAVARAJA) In the claim petition filed by the wife and mother of deceased-Vivekananda in MVC No.1379 of 2011, the Motor Accidents Claims Tribunal, Mysuru by its judgment and award dated 17th July 2015 awarded compensation of Rs.16,21,000/- with interest at the rate of 6% per annum from the date of petition till realisation. Insurance Company is before this Court challenging the said judgment and award on the ground of liability. 2. We have heard the learned Counsel appearing for the parties. 3. Sri S.V. Hegde Mulkhand, learned Counsel appearing for the appellant-Insurance Company would submit that the judgment passed by the Tribunal is contrary to principles laid down by the Hon'ble Supreme Court and is also contrary to evidence on record and the same is not sustainable in law. He would submit that the Policy is an act policy and is issued for covering the risk of the car bearing registration - 4 - HC-KAR NC: 2025:KHC:20617-DB MFA No. 8196 of 2015 number KA-01-Z-6107 as on the date of accident in accordance with Chapters X and XI of the Motor Vehicles Act, 1988 and the liability of the appellant is subject to the terms, conditions and limitations of the policy issued. He would submit that the owner of the car has not paid additional premium to cover the risk of the inmates of the car or the occupant of the said car under the policy. Hence, he submits that the appellant is not liable to pay the compensation and accordingly, sought to allow the appeal. 4. On the other hand, learned Counsel appearing for the respondents would submit that the Tribunal has awarded the just compensation based on the materials produced before it, and the same does not call for interference in this appeal. 5. We have given our anxious consideration to the submissions advanced on both sides. The accident is not in dispute and the death of Vivekananda in the road traffic accident is not in dispute. The car belonging to the second respondent was being driven by first respondent. The applicant has produced the insurance policy as per Exhibit R1 which reveals that the owner of the vehicle has paid TP premium of Rs.2,625/-. In the Policy, at item number five which pertains - 5 - HC-KAR NC: 2025:KHC:20617-DB MFA No. 8196 of 2015 to number of passengers, it is mentioned as “4”, which means the policy covers four passengers, excluding driver. Smt. Radhika N, Administrative Officer of the Insurance Company, who is examined as RW1, has not whispered anything as to covering of four passengers, as mentioned in Exhibit R1. The tribunal has rightly observed the same. The evidence of RW1 is contrary to contents of Policy-Exhibit R1. On re-appreciation and re-examination of the evidence and records, we do not find any error, illegality or legal infirmity in the impugned judgment and award passed by the Tribunal. In the result, we proceed to pass the following: O R D E R (i) Appeal dismissed; (ii) Amount in deposit shall be transferred to the tribunal forthwith for onward disbursement to the claimants. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 31