- 1 - HC-KAR NC: 2025:KHC:30088-DB MFA No. 5406 of 2016 C/W MFA No. 6149 of 2014 MFA.CROB No. 14 of 2015 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. 5406 OF 2016 C/W MISCELLANEOUS FIRST APPEAL NO. 6149 OF 2014 MFA CROSS OBJECTION NO. 14 OF 2015 (MV-D) IN MFA No. 5406/2016: BETWEEN: 1. UNITED INDIA INSURANCE CO LTD NO.40, LAXMI COMPLEX K.H.ROAD, BENGALURU-27. THROUGH ITS REGIONAL OFFICE, 6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD, HUDSON CIRCLE BENGALURU-560001 REP BY ITS DEPUTY MANAGER SRI.K.N.SURESH …APPELLANT (BY SRI. KRISHNA KISHORE S., ADVOCATE) AND: 1. SRI MAHADEVAPPA AGED ABOUT 59 YEARS S/O LATE HARALEGOWDA 2. SMT. MALLAMMA AGED ABOUT 52 YEARS W/O SRI.MAHADEVAPPA Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30088-DB MFA No. 5406 of 2016 C/W MFA No. 6149 of 2014 MFA.CROB No. 14 of 2015 BOTH ARE RESIDENTS OF DUMMENAHALLI VILLAGE, ARASIKERE TALUK HASSAN DISTRICT-573103. 3. THE MANAGING DIRECTOR BMTC K.H.ROAD BANGALORE-560027. 4. SMT. SULOCHANA RANI, MAJOR W/O NAGACHOWDARY BHARATHINAGAR HUNASAMARANAHALLI BANGALORE NORTH TALUK 5. SRIRAM GENERAL INSURANCE CO LTD E-8, EPIP, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR RAJASTHAN-302022. 6. SRI.S.K.KAREEMULLA AGED ABOUT 41 YEARS S/O SRI GHOUSE MOHIDEEN, RESIDING AT NO.9-466, SINGARAYAKONDA OPP: GOVERNMENT HOSPITAL, AMBEDKARNAGAR, PRAKASHAM DISTRICT ANDHRA PRADESH-515001. (R.C.OWNER OF LORRY NO.AP.07-U-8783) …RESPONDENTS (BY SRI. R.CHANDRANNA, ADVOCATE FOR R-1 & R-2; SRI. D.VIJAYA KUMAR, ADVOCATE FOR R-3(V/C); SRI. B.C.SHIVANNE GOWDA., ADVOCATE FOR R-5; VIDE COURT ORDER DATED:03.10.2028 THE APPEAL STAND DISMISSED QUA THE R-4; R-6 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:04.08.2014 PASSED IN MVC - 3 - HC-KAR NC: 2025:KHC:30088-DB MFA No. 5406 of 2016 C/W MFA No. 6149 of 2014 MFA.CROB No. 14 of 2015 NO.4811/12 ON THE FILE OF THE 19TH ADDITIONAL SMALL CAUSE JUDGE, MACT & XLI ACMM, BENGALURU, AWARDING COMPENSATION OF RS.21,51,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF THE PETITION TILL ITS REALISATION. IN MFA NO. 6149/2014: BETWEEN: 1. THE DIVISIONAL MANAGER M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., EP-8, EPIP, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR RAJASTHAN-302022. M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO. 302, 3RD FLOOR S & S CRONER COMPLEX OPPOSITE TO BOWRING AND LADY CURZON HOSPITAL SHIVAJINAGAR, BANGALORE-560001 REPTD BY ITS ASST. MANAGER ...APPELLANT (BY SRI. B C SHIVANNE GOWDA., ADVOCATE) AND: 1. SRI MAHADEVAPPA S/O LATE HARALEGOWDA AGED ABOUT 57 YEARS 2. SMT MALLAMMA W/O MAHADEVAPPA AGED ABOUT 50 YEARS BOTH ARE RESIDENTS OF DUMMENAHALLI VILLAGE, ARASIKERE TALUK, HASSAN-573201. 3. THE MANAGING DIRECTOR BMTC, K H ROAD BANGALORE-560027. - 4 - HC-KAR NC: 2025:KHC:30088-DB MFA No. 5406 of 2016 C/W MFA No. 6149 of 2014 MFA.CROB No. 14 of 2015 4. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD NO. 40, LAKSHMI COMPLEX K H ROAD, BANGALORE-24. 5. SMT SULOCHANA RANI W/O NAGACHOWDARY BHARATHINAGARA HUNASAMARANAHALLI BANGALORE NORTH TALUK. 6. S K KAREEMULLA S/O GHOUSE MOHIDEEN AGED ABOUT 39 YEARS R/AT NO. 9-466, SINGARAYAKONDA OPP GOVT HOSPITAL AMBEDKARNAGARA PRAKASHAM DISTRICT ANDHRA PRADESH-516001. ...RESPONDENTS (BY SRI.R.CHANDRANNA, ADVOCATE FOR R-1 & R-2; SRI.D.VIJAYA KUMAR, ADVOCATE FOR R-3(V/C); SRI. KRISHNA KISHORE.S., ADVOCATE FOR R-4; R-5 & R-6 ARE SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED4.8.2014 PASSED IN MVC NO.4811/2012 ON THE FILE OF THE 19TH ADDITIONAL SMALL CAUSES JUDGE, MACT, 41ST ACMM, BANGALORE, AWARDING A COMPENSATION OF RS.21,51,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA.CROB NO. 14/2015: BETWEEN: 1. MAHADEVAPPA S/O LATE HARALEGOWDA AGED ABOUT 57 YEARS RESIDENT OF DUMMENAHALLI VILLAGE, ARASIKERE TALUK, HASSAN-573201. - 5 - HC-KAR NC: 2025:KHC:30088-DB MFA No. 5406 of 2016 C/W MFA No. 6149 of 2014 MFA.CROB No. 14 of 2015 2. SMT MALLAMMA W/O MAHADEVAPPA AGED ABOUT 50 YEARS RESIDENT OF DUMMENAHALLI VILLAGE, ARASIKERE TALUK HASSAN DISTRICT-573201. ...CROSS OBJECTORS (BY SRI. R.CHANDRANNA, ADVOCATE) AND: 1. THE DIVISIONAL MANAGER M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., EP-8, EPIP, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR RAJASTHAN-302022 M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO. 303, 3RD FLOOR OPPOSITE TO BOWRING AND LADY CURZON HOSPITAL SHIVAJINAGAR, BANGALORE-560001 REPTD BY ITS ASSIT MANAGER SRI. B.C. SHIVARAMEGOWDA 2. THE MANAGING DIRECTOR BMTC, K.H. ROAD, BANGALORE-27 3. THE BRANCH MANAGER THE UNITED INDIA INSURANCE CO. LTD. NO.40, LAKSHMI COMPLEX, K.H. ROAD, BANGALORE-27 4. SMT. SULOCHANA RANI W/O NAGACHOWDARY BHARATHINAGARA HUNASAMARANAHALLI BANGALORE NORTH TALUK-5602157 - 6 - HC-KAR NC: 2025:KHC:30088-DB MFA No. 5406 of 2016 C/W MFA No. 6149 of 2014 MFA.CROB No. 14 of 2015 5. SRI. S.K KAREEMULLA S/O GHOUSE MOHIDEEN AGED ABOUT 39 YEARS R/AT NO.9-466, SINGARAYAKONDA OPP.GOVT. HOSPITAL AMBEDKARNAGARA PRAKASHAM DISTRICT ANDHARA PRADESH-523001. ...RESPONDENTS (BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE FOR R-1; SRI.D.VIJAYA KUMAR, ADVOCATE FOR R-2 (V/C); SRI. KRISHNA KISHORE.S., ADVOCATE FOR R-3; VIDE ORDER DATED:24.06.2025, NOTICE TO R-4 & R-5 IS DISPENSED WITH) THIS MFA.CROB IN MFA.NO.6149/2014 FILED U/O 41 RULE 22 OF CPC, AGAINST THE JUDGMENT AND AWARD DATED 04.08.2014 PASSED IN MVC NO.4811/2012 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSE JUDGE, MACT, & XLI ACMM, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS ALONG WITH M.F.A.CROB, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 7 - HC-KAR NC: 2025:KHC:30088-DB MFA No. 5406 of 2016 C/W MFA No. 6149 of 2014 MFA.CROB No. 14 of 2015 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 appellants - Insurance Companies and claimants - respondents. 2. MFA No.5406/2016 is filed by the United India Insurance Co. Ltd., MFA No.6149/2014 is filed by M/s. Shriram General Insurance Co. Ltd. challenging the judgment and award passed by the Tribunal on the ground of liability and quantum of compensation. Whereas, MFA CROB.No.14/2015 is filed by the claimants for enhancement of compensation, being aggrieved by the award of the Tribunal. 3. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. 4. Brief facts of the case are that, on 23.11.2011 at about 7.10 a.m. the deceased Shivamurthy was travelling in a BMTC bus bearing Reg.No.KA-01-F-4477, from Hebbal - 8 - HC-KAR NC: 2025:KHC:30088-DB MFA No. 5406 of 2016 C/W MFA No. 6149 of 2014 MFA.CROB No. 14 of 2015 to K.R.Puram in order to attend his office. On the way when the bus was proceeding near Forest Office, in HBR layout, on ring road, a tipper lorry bearing Reg.No.AP-07- U-8783 was stationed on the left side of the road, suddenly it moved on the road towards right. As a result the bus dashed to the cabin of the tipper lorry and proceeded further. Due to this impact, the deceased who was sitting on the back left side of the bus sustained injuries and had succumbed to injuries in the bus itself. The body was taken to Bowring Hospital, after post mortem the petitioners cremated the body as per their custom. 5. In order to prove the case of the claimants, the eye witnesses were examined as per PW.1 and PW.2 and got marked the documents as per Ex.P.1 to Ex.P.13 on behalf of the appellants. Eye witnesses were examined as per RW.1 to RW.4 and got marked documents as per Ex.R.1 to Ex.R.4 on behalf of the respondents. - 9 - HC-KAR NC: 2025:KHC:30088-DB MFA No. 5406 of 2016 C/W MFA No. 6149 of 2014 MFA.CROB No. 14 of 2015 6. The Tribunal, on considering the oral and documentary evidence on record had granted compensation of Rs.21,51,000/- with interest at 6% p.a. and directed the respondents - The United India Insurance Company Ltd. and Shriram General Insurance Co. Ltd being the insurer liable to indemnify the liability of the owner. Being aggrieved by the judgment and award passed by the Tribunal, the United India Insurance Co. Ltd., the insurer of BMTC bus and Shriram General Insurance Co. Ltd. the insurer of the tipper have filed these appeals and being unsatisfied with the compensation awarded by the Tribunal, the claimants have preferred MFA.CROB.No.14/2015. 7. Learned counsel Sri B.C.Shivanne Gowda, learned counsel for the appellant in MFA.No.6149/2014 contends that on 23.11.2011, the deceased was travelling in a BMTC bus at the time of accident. The Tipper lorry was stationed on the left side of road, suddenly moved on the road towards right. As a result the bus dashed to the - 10 - HC-KAR NC: 2025:KHC:30088-DB MFA No. 5406 of 2016 C/W MFA No. 6149 of 2014 MFA.CROB No. 14 of 2015 cabin of the tipper lorry and proceeded further. Due to this impact, the deceased who was sitting on the back left side of the bus sustained injuries and succumbed to the injuries in the bus itself. 8. Further, it is contended that the driver of the lorry was not possessing valid and effective driving licence at the time of accident. Though this aspect had arose before the Tribunal, the Tribunal has not framed any particular issue on this aspect. Hence, he seeks for remand. 9. Learned counsel for the United India Insurance Co. Ltd., contends that they are not disputing the Quantum of compensation under liability aspect however, he has taken contention that the Tribunal ought to have complied with the principles of "pay and recovery". Hence, he prays to allow this appeal. 10. Per contra, learned counsel for the claimants contended that the Tribunal has granted fair and just compensation to the claimants except on the income aspect. - 11 - HC-KAR NC: 2025:KHC:30088-DB MFA No. 5406 of 2016 C/W MFA No. 6149 of 2014 MFA.CROB No. 14 of 2015 11. We have perused the material available on record. The Tribunal has granted compensation however, the Tribunal has not framed any issue with regard to non- holding of a valid and effective driving licence by the driver of the lorry. 12. Though the owner of the lorry appeared before the Tribunal, he has failed to submit a copy of the driving licence before the Tribunal. Considering the fact that the owner of the lorry had failed to submit a copy of the driving licence before the Tribunal and the fact that the insurer of lorry also failed to file appropriate application before the Tribunal, we deem it appropriate to remand the matter back for framing of an additional issue. 13. Insofar as the appeal filed by the insurer of BMTC bus in MFA.No.5406/2016 is dismissed and the appeal filed by the claimants in MFA.CROB.No.14/2015 is also dismissed. Hence, the matter is remanded back to the Tribunal for fresh consideration for a limited point with - 12 - HC-KAR NC: 2025:KHC:30088-DB MFA No. 5406 of 2016 C/W MFA No. 6149 of 2014 MFA.CROB No. 14 of 2015 regard to production of driving licence, and to frame an issue with regard to liability. 14. Hence, the appeal in MFA.No.6149/2014 filed by M/s.Shriram General Insurance Co. Ltd. is allowed-in- part. 15. Liberty is reserved for the parties to adduce their evidence and examine the driving licence. 16. All contentions with regard to liability are kept open. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE DHA List No.: 1 Sl No.: 29