- 1 - HC-KAR NC: 2025:KHC:35410 MFA No. 735 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 735 OF 2021 (MV-D) BETWEEN: RELIANCE GIC LTD. THE MANAGER NO.1 AND 2, 1ST FLOOR MAGNUR COMMERCIAL COMPLEX NEAR BY KSRTC BUS STAND BD RAOD CHITRADURGA-577 501 NOW REP. BY ITS LEGAL MANAGER RELIANCE GENERAL INSURANCE CO.LTD. REGIONAL OFFICE, 5TH FLOOR CENTENARY BUILDING, NO.28 M G ROAD BANGALORE-560 001 …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. SMT. SANGEETHA J., W/O LATE JOTHIRAJA NOW AGED ABOUT 36 YEARS 2. KANAKALAXMI J., D/O LATE JOTHIRAJA NOW AGED ABOUT 22 YEARS 3. PRADEEP J S/O LATE JOTHIRAJA NOW AGED ABOUT 17 YEARS SINCE R-3 IS MINOR REPRESENTED BY HIS MOTHER /NG I.E. RESPONDENT NO.1 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35410 MFA No. 735 of 2021 ALL ARE RESIDING AT RAJAPALAYAM RAJAPALAYAM TALUK VIRUDHUNAGAR DISTRICT TAMIL NADU-626 117 NOW R/AT SMT BHAGYALAXMI SRI KOLLAPURADAMMA STREET IN KOTE HOSADURGA TOWN HOSADURGA TLAUK CHITRADURGA DISTRICT 4. PRAKASH SHAMGONDA PATIL NO.A/P, HERLE TL-HATKANANGALE KOLHAPUR-416 122 MAHARASHTRA 5. UNITED INDIA INSURANCE CO. LTD., THE MANAGER DIVISIONAL OFFICE MMK COMPLEX, 2ND FLOOR AKKAMAHADEVI ROAD P J EXTENSION, DAVANGERE 6. GURUMURTHY B. J., S/O JAYAPPA R/O UJJINI KRUPA VISHVESHWARA LAYOUT BEHIND J M I T ENGG. COLLEGE CHITRADURGA-577 502 …RESPONDENTS (BY SRI. KALLEGOWDA S.K., ADVOCATE FOR R1 & R2 SRI.KRISHNA KISHORE, ADVOCATE FOR R5 SRI.RAGHAVENDRA P.H., ADVOCATE FOR R6 (R3 IS MINOR, REP. BY R1) R4- SERVED) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 13.11.2020 PASSED IN MVC NO.693/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, HOSADURGA, AWARDING COMPENSATION OF RS.26,15,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DEPOSIT. - 3 - HC-KAR NC: 2025:KHC:35410 MFA No. 735 of 2021 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 MVC.No.693/2018 dated 13.11.2020 by the Senior Civil Judge, JMFC and MACT, Hosadurga, whereby the Tribunal had fixed the liability on the Insurance Company, the insurance company is before this Court questioning the liability. 2. It is the case of the claimant that on 06.05.2018, the deceased went to Chithradurga along with his wife and children in his car. While they were returning to Hosadurga town from Chithradurga, at about 5.00 p.m., the deceased was driving the car on the left side of the road, lorry bearing No. MH-09-CU-9775, being driven by its driver in a rash and negligent manner, came from opposite direction and hit the car. However, when the deceased was controlling the vehicle, another lorry being driven by its driver in a rash and negligent manner hit the car. As a result of which the deceased sustained grievous injuries and died on the spot. The police after a full- fledged investigation had filed a charge sheet against the - 4 - HC-KAR NC: 2025:KHC:35410 MFA No. 735 of 2021 drivers and owners of both the lorries. The Tribunal has held that as per the charge sheet there is rash and negligent driving on behalf of the drivers of the both vehicles and fixed the contributory negligence at 50% each on both the vehicles and had awarded the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 25,20,000/- 2. Conveyance and funeral expenses : Rs. 15,000/- 3. Loss of love and affection : Rs. 25,000/- 4. Loss of estate : Rs. 15,000/- 5. Loss of consortium : Rs. 40,000/- TOTAL : Rs. 26,15,000/- 3. Learned counsel appearing for the appellant/ Insurance Company submits that first there was a collision between the car and the lorry, that lorry was not insured by the Insurance Company. Thereafter, the deceased has hit the lorry which is coming in the same direction as such there is no negligence on the part of the driver of the vehicle, which is insured by the appellant. The Tribunal, without considering all these facts, had fixed 50% of contributory negligence on the insured. - 5 - HC-KAR NC: 2025:KHC:35410 MFA No. 735 of 2021 4. Learned counsel appearing for the respondents/ claimants submits that the Tribunal had rightly considered the charge sheet and the evidence on record and had rightly held that both of them are responsible and fixed the contributory negligence at 50%. 5. Learned counsel appearing for respondent No.5/ Insurance Company, which insured the lorry bearing Reg. No.MH-09-CU-9775 submits that they have already satisfied the amount and deposited the amount. 6. Having heard the learned counsels on either side, perused the material on record. The charge sheet and other police records are corroborating with the version of PW1 that the accident was due to rash and negligent driving of the lorries by their drivers. PW1 being complainant is an eyewitness to the scene of occurrence because she was also travelling in the car along with the deceased and others at the time of accident. Considering the evidence of PW1 and the charge sheet, the Tribunal had fixed the liability on the driver of both the vehicles. The contention of the learned counsel appearing for the insurance company, basing on the sketch that there is no - 6 - HC-KAR NC: 2025:KHC:35410 MFA No. 735 of 2021 negligence on the part of the driver of the said vehicle, cannot be accepted. The insurance company has not adduced any independent evidence, but they are trying to take the clue from the rough sketch and those submissions cannot be accepted. In the light of the above discussion, this Court do not find any reasons to interfere. 7. Accordingly, the appeal of the Insurance Company is dismissed. i) The amount in deposit shall be forthwith transferred to the Tribunal. ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) The Insurance Company shall pay the compensation. iv) The Insurance Company 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. v) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. - 7 - HC-KAR NC: 2025:KHC:35410 MFA No. 735 of 2021 vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 12