- 1 - HC-KAR NC: 2025:KHC-D:7482-DB MFA No. 100660 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND MISCELLANEOUS FIRST APPEAL NO.100660 OF 2017 (MV-I) BETWEEN: THE MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED, DESAI CROSS, DESHPANDE NAGAR, HUBBALLI-580020 (KARNATAKA STATE) REPRESENTED BY ITS AUTHORIZED SIGNATORY RELIANCE GENERAL INSURANCE COMPANY LTD., DESAI CROSS, DESHPANDE NAGAR, HUBBALLI. …APPELLANT (BY SRI. G.N. RAICHUR, ADVOCATE) AND: 1. SRI. SIDDHARAMESHWARA SWAMIJI HIREMATH S/O. SIDDARAMESWAMY, AGE: 43 YEARS, OCC: RELIGIOUS PREACHING AND MATHADHIPATHI OF SHRI. SIDDARAMESHWARS SAMSHAN HIREMATH ALSO AGRICULTURE, R/O: YELBURGA, DIST: KOPPAL. 2. ABEDA S/O. ISHAD, AGE: 30 YEARS, OCC: DRIVER OF LORRY NO.GJ-18/X8657 GOURA POST, JATATASTEEL, TARGAD ROAD, MATTUR U.P. 3. M/S. KATARIA TRANSPORT COMPANY (GUJARAT) PVT LTD., OPP. MILAN SHOPPING CENTRE NH.NO.8 AT CHHATRAL TQ: KALOL, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:7482-DB MFA No. 100660 of 2017 DIST: GANDHINAGAR-382010, GUJRAT. (OWNER OF LORRY BEARING REGD NO.GJ-18/X-8657) 4. THE MANAGER NEW INDIA ASSURANCE COMPANY LTD., 1ST FLOOR HOTEL PRIYADARSHINI COMPOUND RAILWAY STATION ROAD, HOSPET, DIST: BELLARY. 5. SHARANAPPA S/O. MALLAPPA GASATTI, AGE: 33 YEARS, OCC: DRIVER OF CAR NO.KA-01/MC-2886, R/O: YELBURGA, DIST: KOPPAL. 6. VAGEESH PANDIT S/O. SIDDARAMSWAMY HIREMATH, AGE: 45 YEARS, R/O: YELBURGA, DIST: KOPPAL. …RESPONDENTS (BY SMT. PADMAJA S.TADAPATRI, ADVOCATE FOR SRI. S.S. BETURMATH, ADVOCATE FOR R1; NOTICE TO R2 AND R3 ARE SERVED; SRI. R.R. MANE, ADVOCATE FOR R4; SRI. B.G. INDI, ADVOCATE FOR R5 AND R6) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 26/11/2016 PASSED IN MVC NO.40/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIM TRIBUNAL, YELBURGA, BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7482-DB MFA No. 100660 of 2017 CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) This Miscellaneous First Appeal has been filed by the Manager of Reliance General Insurance Co. Ltd., being aggrieved of the impugned judgment and award passed in M.V.C.No.40/2012 insofar as the Tribunal holding the driver of the vehicle/car insured by the appellant herein to have contributed to the accident and therefore, the Tribunal has held respondents No.1 to 6 in the claim petition as jointly and severally liable to pay the compensation amount to the claimant. 2. However, learned counsel for claimant/ respondent No.1 submits that respondent No.4, the New India Assurance Co. Ltd. has satisfied the entire claim insofar as the claim petition filed by the legal representatives of the driver of the car and in that claim petition, the Tribunal has concluded that the complete - 4 - HC-KAR NC: 2025:KHC-D:7482-DB MFA No. 100660 of 2017 liability is on the lorry that was stationed on the road. Further, the fourth respondent who is the insurer of the said lorry has satisfied the complete claim and award passed by the Tribunal in the claim petition filed on behalf of the deceased driver. 3. Learned counsel for the fourth respondent submits that he has verified from the website of this Court and he does not find any appeal being filed at the hands of the fourth respondent insofar as the judgment and award passed in M.V.C.No.430/2014 which was filed on behalf of the deceased driver of the car. 4. If that is the position, then this Miscellaneous First Appeal filed at the hands of the Reliance General Insurance Co. Ltd. has to be allowed in view of the fact that the Tribunal has held that the liability is on the owner and the insurer of the lorry and accordingly, the insurance company has satisfied the award passed by the Tribunal. - 5 - HC-KAR NC: 2025:KHC-D:7482-DB MFA No. 100660 of 2017 5. Accordingly, this Court proceeds to allow the Miscellaneous First Appeal while concluding that the liability in M.V.C.No.40/2012 will be completely on the fourth respondent-insurance company and not on the appellant-insurance company. The impugned judgment and award is accordingly modified while holding that the fourth respondent-New India Assurance Co. Ltd. is liable to satisfy the award passed by the Tribunal in M.V.C.No.40/2012. Ordered accordingly. 6. The amount deposited by the appellant- insurance company is directed to be returned to the appellant-insurance company forthwith. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE NAA CT: UMD List No.: 1 Sl No.: 0