- 1 - NC: 2025:KHC-D:1367 MFA No. 102031 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.102031 OF 2018 (MV-D) BETWEEN: M/S. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., BY ITS MANAGER, BALLARI, NOW REPRESENTED BY ITS AUTHORIZED SIGNATURE. …APPELLANT (BY SRI SURESH S.GUNDI, ADVOCATE) AND: 1. SMT. V. RADHIKA @ VANNAPPAGARI RADHIKA W/O. LATE V.RAMESH @ VANNAPPAGARI RAMESH, AGE: 29 YEARS, OCC: HOUSE-WIFE, R/O: SRINIVASA CAMP, BALLARI-583101. 2. MINOR CHANDRU @ VANNAPPAGARI CHANDRU @ V. CHANDRASEKHAR S/O. V. RAMESH @ VANNAPPAGARI RAMESH, AGE: 11 YEARS, OCC: STUDENT, R/O: SRINIVASA CAMP, BALLARI-583101. 3. MINOR V. PRAVEEN @ VANNAPPAGARI PRAVEEN @ V. PRAVEEN KUMAR S/O. LATE V. RAMESH @ VANNAPPAGARI RAMESH, AGE: 10 YEARS, OCC: STUDENT, R/O: SRINIVASA CAMP, BALLARI-583101. RESPONDENTS NO.2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER I.E., RESPONDENT NO.1. 4. V. GOVINDA REDDY @ VANNAPPAGARI GOVINDA REDDY S/O. V. LAKSHMI REDDY @ VANNAPPAGARI LAKSHMI REDDY, AGE: 72 YEARS, OCC: NOT KNOWN, R/O: SRINIVASA CAMP, BALLARI-583101. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1367 MFA No. 102031 of 2018 5. BELUGUPPA SURESH BABU S/O. B. BASAVA REDDY, AGE: 33 YEARS, OWNER OF THE HERO HONDA SPLENDOR PRO MOTORCYCLE BEARING REG.NO.AP02/AS3965, R/O.NO.1-205, MURADI VILLAGE AND POST, D. HIREHAL MANDAL, ANANTHAPUR DISTRICT, NOW RESIDING AT SRINIVASA CAMP, BALLARI TALUKA AND DISTRICT BALLARI-583101. …RESPONDENTS (BY SRI MANJUNATH G.PATIL, ADVOCATE FOR R1 TO R4; R5-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, PLEASED TO SET ASIDE THE JUDGMENT AND AWARD DATED 19.03.2018 PASSED IN MVC NO.1332/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI AND TO GRANT SUCH OTHER RELIEF (OR RELIEFS) AS THIS COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 3 - NC: 2025:KHC-D:1367 MFA No. 102031 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though this appeal is listed for orders with consent of learned counsel for the parties it is taken up for final disposal. 2. This appeal is filed by the Insurance Company challenging the liability saddled on it and also seeking to reduce the compensation being aggrieved by the judgment and award dated 19.03.2018, passed in MVC No.1332/2014, by the Court of Motor Accident Claims Tribunal-XII, Ballari, (hereinafter referred to as the ‘Tribunal’). 3. Brief facts leading to filing of this appeal are that on 08.02.2014 the V.Ramesh @ Vannappagari Ramesh (hereinafter referred to as the ‘deceased’) along with one Beluguppa Ramanjineyulu were proceeding on the Hero Honda Splendor Pro Motorcycle bearing registration No.AP.02/AS.3965 from Rayadurga towards S.Kothapalli village for attending their relative’s marriage. The said motorcycle was rode by the said Beluguppa Ramanjineyulu and the deceased was proceeding as a pillion rider on the said motorcycle. At about 8 P.M., the said Beluguppa Ramanjineyulu rode the said motorcycle with high - 4 - NC: 2025:KHC-D:1367 MFA No. 102031 of 2018 speed and in rash and negligent manner and lost control over the said vehicle and dashed to the back portion of the front going Bullock Cart near B.N.Halli village on Rayadurga- Bhupasamudram Road, Rayadurga Mandal and caused accident in question. As a result, the V.Ramesh, who was proceeding as a pillion rider in the said motorcycle, died on the spot. Thus, the legal heirs of the deceased filed claim petition under Section 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as the ‘MV Act’), seeking compensation. 4. Heard the learned counsel for the parties and perused the material placed on record. 5. In the present case, the Tribunal awarded compensation under various heads as follows: Sl.No. Heads. Amount in (Rs.) 1. Towards loss of dependency. 14,11,200/- 2. For the loss of consortium 40,000/- 3. For loss of estate. 15,000/- 4. Towards transportation of dead body for performing funeral and obsequies ceremony. 15,000/- Total: 14,18,200/- - 5 - NC: 2025:KHC-D:1367 MFA No. 102031 of 2018 6. The Tribunal has awarded compensation of Rs.14,18,200/- along with interest at the rate of 7% per annum from the date of claim petition till realization. The Tribunal has fastened liability on the appellant-Insurance Company along with insurerd of the motorcycle to pay compensation to the claimants. 7. In this case, chargesheet is filed on the rider of bullock cart. The accident is caused due to actionable negligence by the rider of the motorcycle. The claimants are the legal heirs of deceased. It is alleged that the deceased pillion rider was proceeding on the motorcycle along with its rider in a high speed and dashed to bullock cart. Therefore, the Tribunal is correct in holding that the owner and the insurer of the motorcycle are jointly and severally liable to pay compensation to the claimants. There is no dispute with regard to existence of insurance policy pertaining to motorcycle as on the date and time of the accident. Therefore, determination of compensation as well as holding the appellant-Insurance Company liable to pay compensation is correct and hence, there is no need to make interference in the judgment and award passed by the Tribunal. - 6 - NC: 2025:KHC-D:1367 MFA No. 102031 of 2018 8. However, the Tribunal has granted interest at the rate of 7% per annum and the same is reduced to 6% per annum. To this extent only the appeal filed by the appellant- Insurance Company is liable to be allowed in part. 9. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 19.03.2018, passed in MVC No.1332/2014, by the Court of Motor Accident Claims Tribunal- XII, Ballari, is modified holding that the claimants are entitled for interest on the compensation awarded by the Tribunal at the rate of 6% per annum from the date of claim petition till its realization. iii) The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. iv) Send back the trial Court records along with a copy of this judgment. v) The amount in deposit made by the appellant shall be transmitted to the Tribunal. - 7 - NC: 2025:KHC-D:1367 MFA No. 102031 of 2018 vi) The other observations and findings of the Tribunal are left unaltered. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 1 Sl No.: 7