- 1 - HC-KAR NC: 2025:KHC:30095-DB MFA No. 992 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 992 OF 2024 (MV-D) BETWEEN: 1. THE MANAGER M/S ROYAL SUNDARAM GENERAL INSURANCE CO LTD., OFFICE AT NO.2315/BL 2068 B 1ST FLOOR, ABHARANA ARCADE BUILDING M G ROAD, TUMAKURU REPRESENTED BY REGIONAL OFFICE NO.30, 3RD FLOOR, JNR CITY CENTRE RAJARAM MOHAN ROY ROAD SAMPANGIRAMA NAGAR BENGALURU-560027. …APPELLANT (BY SRI. RAVI S SAMPRATHI., ADVOCATE) AND: 1. SMT DEVARAJAMMA W/O LATE KEMPARANGAIAH AGED ABOUT 47 YEARS R/O BARASHIDIHALLI, C N HALLI TALUK PRESENTLY R/A BEERANAKALLU VILLAGE KASABA HOBLI, TUMAKURU DISTRICT. 2. SRI SREE RANGAIAH M S/O MUDDARANGAIAH AGED ABOUT 52 YEARS R/O BARASHIDLAHALLI POST C N HALLI TALUK Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30095-DB MFA No. 992 of 2024 TUMAKURU DISRICT. …RESPONDENTS (BY SRI. MALLIKARJUN DODDABASAVARAJAPPA RYAKHA., ADVOCATE FOR R-1; R-2 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.08.2023 PASSED IN MVC NO.560/2022 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT, TUMAKURU, AWARDING COMPENSATION OF RS.24,27,600/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard learned counsel for the appellant - Insurance Company and learned counsel for the respondents - claimants. 2. The insurance company has filed this appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short 'the Act'), challenging the judgment and award passed by the learned VII Additional District Judge and Member, - 3 - HC-KAR NC: 2025:KHC:30095-DB MFA No. 992 of 2024 MACT, Tumakuru in MVC.No.560/2022 dated 22.08.2023, on the grounds of liability and Quantum of compensation. 3. Brief facts of the case are that, on 06.04.2022 at about 2.30 pm, the deceased Sharath Babu, after finishing his work, was proceeding as pedestrian on the left side of the road with care and caution near Byrappa's Land, Hagalawadi-Galikere road, C.N.Halli taluk, Tumakuru district, at that time, the driver of Tractor and Trailer bearing Reg.No.KA-44-T-4590-4591 came in a rash and negligent manner with a high speed and dashed to Sharath Babu and caused the accident. Due to the impact, Sharath Babu sustained multiple injuries, immediately he was shifted to Vinayaka Hospital, Tumakuru then shifted to Bangalore Hospital, but he died on the way to the hospital on 07.04.2022 at 1.30 am. Hence, the claimants had filed a claim petition before the Tribunal under Section 166 of the Act, seeking compensation for the death of the deceased. - 4 - HC-KAR NC: 2025:KHC:30095-DB MFA No. 992 of 2024 4. Learned counsel for the appellant vehemently contended that the Tribunal has not considered the defence of the Insurance Company. In fact the deceased was travelling as an occupant in the Tractor and Trailer bearing No.KA-44-T-4590-4591, but the claimants have falsely contended that the deceased was a pedestrian and was proceeding on the road and thus, the Tractor dashed to the deceased. In fact, the deceased was travelling in the tractor, thereby violated the terms of the policy. 5. The learned counsel for the respondents - claimants contented that the Tribunal had considered the oral and documentary evidence on record more particularly the contents of the charge sheet and has rightly come to the conclusion that the deceased was a pedestrian at the time of accident and he was not an occupant in the Tractor and Trailer. Hence, the Tribunal has rightly granted a fair and reasonable compensation. Thus, he prays to dismiss the appeal. - 5 - HC-KAR NC: 2025:KHC:30095-DB MFA No. 992 of 2024 6. We have perused the impugned judgment and award passed by the Tribunal and it is in accordance with law. 7. From the perusal of the impugned judgment, award and appeal memo, it appears that, the deceased Sharath Babu had met with a road traffic accident. As per the charge sheet material, the deceased Sharath Babu was proceeding on the road and the driver of the Tractor and Trailer bearing Reg.No.KA-44-T-4590-4591 drove the vehicle in a rash and negligent manner with high speed and dashed to the deceased Sharath Babu. Hence, the deceased sustained severe injuries and died on the way to Hospital. 8. The Insurance Company, neither challenged the contents of the charge sheet, nor it has examined any witness RW.1 who is a surveyor and RW.2 who is the Investigating Officer. Admittedly, RW.1 and RW.2 were not the eye witnesses to the accident. 9. On the contrary, the claimant who is examined as PW.1 who is an eye witness to the incident has clearly - 6 - HC-KAR NC: 2025:KHC:30095-DB MFA No. 992 of 2024 stated that, on the day of the alleged accident, the deceased was proceeding on the left side of the road and the driver of Tractor and Trailer caused the accident. Hence, the Tribunal has considered the oral and documentary evidence, has rightly come to the conclusion that the deceased was a pedestrian and the driver of the Tractor and Trailer caused the accident. 10. Contrary to this material, the Insurance Company has not placed any material before this Court. Hence, there is no merit in the appeal. Accordingly, the appeal is dismissed. 11. The amount in deposit to be transferred back to the Tribunal. The Tribunal is directed to disburse the amount in terms of its order. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE DHA List No.: 1 Sl No.: 21