- 1 - HC-KAR NC: 2025:KHC:36403 MFA No. 4154 of 2013 C/W MFA No. 4155 of 2013 MFA No. 4156 of 2013 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.4154 OF 2013(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 4155 OF 2013 MISCELLANEOUS FIRST APPEAL NO. 4156 OF 2013 MISCELLANEOUS FIRST APPEAL NO.4157 OF 2013(MV-I) IN MFA No.4154/2013: BETWEEN: M/S BHARTI AXA GENERAL INSURANCE COMPANY LTD., I FLOOR, THE FERNS ICON SURVEY NO 28, NEXT TO AKME BALLET DODDANEKUNDI OFF OUTER RING ROAD, BANGALORE 37 &APPELLANT (BY SRI. B C SHIVANNE GOWDA, ADVOCATE) AND: 1. SRI VINODRAJU J S/O JAYANAYAK NOW AGED ABOUT 25 YEARS R/AT NO 62/4, MATHAGURUKRUPA NILAYA PIPE LINE, BANDAPPAGALLI YESHVANTHAPURA BANGALORE 560 022 2. IFFCO TOKIO GENERAL INSURANCE CO LTD., NO 41, 2ND FLOOR CHRISTU COMPLEX, LAVELLE ROAD, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36403 MFA No. 4154 of 2013 C/W MFA No. 4155 of 2013 MFA No. 4156 of 2013 AND 1 OTHER BANGALORE 50 001. 3. B C SUHAS S/O B S CHIDANANDREDDY AGED ABOUT 28 YEAS SRE TRAVELS, HEAD POST OFFICE ROAD, CHITRADURGA 577 501. 4. D SHILPA W/O K V BHARATHKUMAR AGED ABOUT 35 YEAS MODEL HOUSE, 4TH STREET, BASAVANAGUDI BANGALORE 560 004. &RESPONDENTS (BY SRI. A K SREEHARSHA, ADVOCATE FOR SRI. SPOORTHY HEGDE, ADVOCATE FOR R1; SRI. B PRADEEP, ADVOCATE FOR R2; R3 AND R4 SD) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 5.12.2012 PASSED IN MVC NO.1318/2011 ON THE FILE OF THE 8TH ADDITIONAL JUDE, MEMBER, MACT-5, COURT OF SMALL CAUSES, BANGALORE, AWARDING A COMPENSATION OF RS.1,59,600/- WITH INTEREST @ 6% P.A FROM THE DATE OF THIS ORDER TILL TO THE DATE OF DEPOSIT IN COURT. IN MFA NO. 4155/2013: BETWEEN: M/S BHARTI AXA GENERAL INSURANCE COMPANY LTD., I FLOOR, THE FERNS ICON, SURVEY NO 28, NEXT TO AKME BALLET, DODDANEKUNDI, OFF OUTER RING ROAD, BANGALORE- 37. ...APPELLANT (BY SRI. B C SHIVANNE GOWDA., ADVOCATE) AND: - 3 - HC-KAR NC: 2025:KHC:36403 MFA No. 4154 of 2013 C/W MFA No. 4155 of 2013 MFA No. 4156 of 2013 AND 1 OTHER 1. KUM PALLAVI J D/O JAYANAYAK R/AT NO 62/4, MATHAGURUKRUPA NILAYA, PIPE LINE, BANDAPPAGALLI, YESHWVANTHAPURA, BANGALORE- 560 022. 2. IFFCO TOKIO GENERAL INSURANCE CO LTD., NO 41 2ND FLOOR CHRISTU COMPLEX, LAVELLE ROAD BANGALORE 560 001 3. B C SUHAS S/O B S CHIDANANDREDDY AGED ABOUT 28 YEAS SRE TRAVELS HEAD POST OFFICE ROAD, CHITRADURGA 577 501 4. D SHILPA W/O K V BHARATHKUMAR AGED ABOUT 35 YEAS MODEL HOUSE, 4TH STREET, BASAVANAGUDI BANGALORE 560 004 ...RESPONDENTS (BY SRI. A K SREEHARSH, ADVOCATE FOR SRI. SPOORTHY HEGDE., ADVOCATE FOR R1; SRI. MURALIDHAR NEGAVAR, ADVOCATE FOR R2; R3 AND R4 SD) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 5.12.2012 PASSED IN MVC NO.1319/2011 ON THE FILE OF THE MEMBER, MACT- 5, COURT OF SMALL CAUSES, BANGALORE, AWARDING A COMPENSATION OF RS.15,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF THIS ORDER TILL TO THE DATE OF DEPOSIT IN COURT. IN MFA NO. 4156/2013 - 4 - HC-KAR NC: 2025:KHC:36403 MFA No. 4154 of 2013 C/W MFA No. 4155 of 2013 MFA No. 4156 of 2013 AND 1 OTHER BETWEEN: M/S BHARTI AXA GENERAL INSURANCE CO. LTD 1ST FLOOR, THE FERNS ICON, SURVEY NO.28, NEXT TO AKME BALLET, DODDANEKUNDI, OFF OUTER RIND ROAD, BANGALORE-37 ...APPELLANT (BY SRI. B C SHIVANNE GOWDA.,ADVOCATE) AND: 1. SRI NAGARAJU K S/O KOTRAPPA NOW AGED ABOUT 28 YEARS C/O SOMASHEKARA REDDY BUILDING, BEHIND GOVT. SCHOOL KUNDALAHALLI VILLAGE, BANGALORE-37 2. IFFCO -TOKIO GEN. INSURANCE CO. LTD NO.41, 2ND FLOOR, CHIRISTU COMPLEX, LAVELLE ROAD, BANGALORE-01 3. B.C. SUHAS S/O B.S. CHIDANANREDDY AGED ABOUT 28 YEARS SRE TRAVELS, HEAD POST OFFICE ROAD, CHITRADURGA-577501 4. D. SHILPA W/O K.V. BHARATH KUMAR AGED ABOUT 35 YEARS MODEL HOUSE, 4TH STREET, BASAVANAGUDI BANGALORE-04 - 5 - HC-KAR NC: 2025:KHC:36403 MFA No. 4154 of 2013 C/W MFA No. 4155 of 2013 MFA No. 4156 of 2013 AND 1 OTHER ...RESPONDENTS (BY SRI. A K SREEHARSHA, ADVOCATE FOR SRI. SPOORTHY HEGDE N, ADVOCATE FOR R1; SRI. B PRADEEP, ADVOCATE FOR R2; R3 AND R4 SD) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED05.12.2012 PASSED IN MVC NO.1320/2011 ON THE FILE OF THE MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE, AWARDING COMPENSATION OF Rs.18,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF ORDER TILL DEPOSIT IN COURT. IN MFA NO. 4157/2013 BETWEEN: M/S BHARTI AXA GENERAL INSURANCE COMPANY LTD., I FLOOR THE FERNA ICON SURVEY NO 28 NEXT TO AKME BALLET, DODDANEKUNDI, OFF OUTER RING ROAD BANGALORE 37 ...APPELLANT (BY SRI. B C SHIVANNE GOWDA, ADVOCATE) AND: 1. SRI MOHAMMED GHOUSE S/O HYDERSAB R/AT NO 16 1 4TH CROSS RAMACHANDRAPURAM BANGALORE 560 022 2. IFFCO TOKIO GENERAL INSURANCE CO LTD., NO 41, 2ND FLOOR, CHRISTU COMPLEX, LAVELLE ROAD, BANGALORE 560 001 - 6 - HC-KAR NC: 2025:KHC:36403 MFA No. 4154 of 2013 C/W MFA No. 4155 of 2013 MFA No. 4156 of 2013 AND 1 OTHER 3. B C SUHAS S/O B S CHIDANANDREDDY AGED ABOUT 28 YEAS SRE TRAVELS, HEAD POST OFFICE ROAD, CHITRADURGA 577 501 4. D SHILPA W/O K V BHARATHKUMAR AGED ABOUT 35 YEARS MODEL HOUSE, 4TH STREET BASAVANAGUDI BANGALORE 560 004 ...RESPONDENTS (BY SRI. B PRADEEP.,ADVOCATE FOR R2; R3 AND R4 SD; V/O DTD 05.03.2018 APPEAL AGAINST R1 DISMISSED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.12.2012 PASSED IN MVC NO.1321/2011 ON THE FILE OF THE MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE, AWARDING COMPENSATION OF Rs.15,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF ORDER TILL DEPOSIT IN COURT. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT These appeals have been filed by the M/s Bharti AXA General Insurance Company Ltd., challenging the common judgment and award dated 05.12.2012 passed in MVC Nos.1318, 1319, 1320 and 1321 of 2021 by the Motor - 7 - HC-KAR NC: 2025:KHC:36403 MFA No. 4154 of 2013 C/W MFA No. 4155 of 2013 MFA No. 4156 of 2013 AND 1 OTHER Accident Claims Tribunal-V, Court of Small Causes, Bangalore City. 2. The Tribunal held that respondent Nos.1 to 4 are jointly and severally liable to pay 70% of the compensation with accrued interest. However, it has been brought to the notice of this Court that, in MVC No.601/2011, by an order dated 20.10.2012, the Tribunal had held that the driver of the bus alone was responsible for causing the accident. Accordingly, IFFCO-Tokio General Insurance Company Ltd., was alone responsible to pay the compensation. The same was accepted by Insurance Company and they duly complied the order of the Court. 3. In view of the above, the present Insurance Company has prayed before this Court to exonerate it from liability. Since the IFFCO-Tokio General Insurance Company Ltd., has already deposited the entire compensation amount, therefore, all these appeals are - 8 - HC-KAR NC: 2025:KHC:36403 MFA No. 4154 of 2013 C/W MFA No. 4155 of 2013 MFA No. 4156 of 2013 AND 1 OTHER allowed and the said Insurance Company is exonerated from the paying the liability. 4. The total compensation amount was deposited by the above said Insurance Company before the Motor Accident Claims Tribunal, and a portion of the amount was also deposited before this Court. The amount deposited before this Court shall be transmitted to the Motor Accident Claims Tribunal, and the claimants are permitted to withdraw the same in accordance with the terms of the award. 5. The Motor Accident Claims Tribunal is directed to refund the amount, if any, deposited by the appellant herein. The appellant shall be entitled to receive the said amount through digital transfer. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 0