- 1 - HC-KAR NC: 2025:KHC:33622 MFA No. 3717 of 2020 C/W MFA.CROB No. 38 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.3717 OF 2020 (MV-D) C/W MFA CROSS OBJECTION NO. 38 OF 2024 (MV-D) IN MFA No. 3717/2020 BETWEEN: 1. SRI. SUSHEEL PRESENTLY AGED ABOUT 22 YEARS S/O SRI NANDISH R/AT 3RD MAIN ROAD, 2ND STAGE, KHB COLONY BASAVESHWARA NAGAR BENGALURU 2. SRI. ARON S B PRESETLY AGED ABOUT 31 YEARS S/O SRI SIDDQUI N.B R/AT NO.400, 3RD MAIN ROAD, 2ND STAGE, KHB COLONY BASAVESHWARA NAGAR BENGALURU - 560 079 …APPELLANTS (BY SRI. GURUNATH T S., ADVOCATE) AND: 1. SMT. YALLAMMA PRESENTLY AGED ABOUT 80 YEARS W/O LATE RAMACHANDRAPPA R/AT BEHIND SIDDAGANGA SCHOOL LENIN NAGAR DAVANAGERE TALUK AND DISTRICT - 577001 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33622 MFA No. 3717 of 2020 C/W MFA.CROB No. 38 of 2024 (SINCE RESPONDNET NO.1 IS DEAD, REPRESENTED BY HER LEGAL HEIR) 1(a) SMT. VIJAYALAKSHMI W/O THIPPERUDRAPPA D.E. PRESENTLY AGED ABOUT 50 YEARS R/AT NO.978/45, 11TH CROSS 2ND MAIN, BHAGATHSINGH NAGAR DAVANAGERE - 577 002 2. THE MANGER THE BAJAJ ALLIANCE INSURANCE COMPANY LTD., GOLDEN HEIGHTS 4TH FLOOR, NO.21/2, 59TH C CROSS 4TH M BLOCK, RAJAJINAGAR BENGALURU …RESPONDENTS [BY SRI. B PRADEEP, ADV. FOR R2; SRI. G. J. SUNKAPUR, ADV. FOR PROPOSED R1(A)] THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.06.2018 PASSED IN MVC NO. 679/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, VI M.A.C.T., DAVANAGERE, AWARDING COMPENSATION OF RS.8,85,000/- WITH INTEREST AT 8 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. IN MFA CROB No. 38/2024 BETWEEN: SMT. YALLAMMA DEAD BY LRs) SMT. VIJAYALAKSHMI W/O THIPPERUDRAPPA D.E. AGED ABOUT 50 YEARS R/O NO.978/45, 11TH CROSS 2ND MAIN, BHAGATHSINGH NAGAR DAVANAGERE - 577 002 …CROSS OBJECTOR (BY SRI. G.J. SUNKAPUR, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:33622 MFA No. 3717 of 2020 C/W MFA.CROB No. 38 of 2024 AND: 1. SRI. SUSHEEL S/O NANDISH AGED ABOUT 22 YEARS R/AT 3RD MAIN ROAD, 2ND STAGE, KHB COLONY BASAVESHWARA NAGAR BENGALURU - 560 079 2. SRI. ARON S B S/O SRI SIDDQUI N.B R/O NO.400, 3RD MAIN ROAD, 2ND STAGE, KHB COLONY BASAVESHWARA NAGAR BENGALURU - 560 079 3. THE MANGER THE BAJAJ ALLIANCE INSURANCE COMPANY LTD., GOLDEN HEIGHTS 4TH FLOOR, NO.21/2, 59TH C CROSS 4TH M BLOCK, RAJAJINAGAR BENGALURU - 560 079 …RESPONDENTS [BY SRI. GURUNATH T S., ADV. FOR R1 AND R2; SRI. B. PRADEEP, ADV. FOR R3] THIS MFA CROB IS FILED U/O.41 RULE 22 OF CPC R/W SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.11.06.2018 PASSED IN MVC NO.679/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA AND MFA CROB, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:33622 MFA No. 3717 of 2020 C/W MFA.CROB No. 38 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.679/2016 dated 11.06.2018, whereby the Court had granted an amount of Rs.8,85,000/- and the liability is fixed on the owner of the vehicle, the owner is before this Court by filing M.F.A. No.3717/2020 and M.F.A. Crob No.38/2024 is filed by the claimant seeking enhancement. 2. The claim petition is filed seeking compensation of an amount Rs.25,00,000/- for the death of the deceased. It is the case that on 12.04.2016 at about 3.45 p.m. in the evening while the deceased was proceeding on the left side of road, the driver of swift car bearing No.KA-51-N-5446 drove the vehicle in rash and negligent manner and hit against the two motor cycles and car and finally dashed against pedestrian. As a result, the deceased who was a pedestrian sustained severe injuries and immediately, he was taken to the K.C. General Hospital, Bangalore and later on shifted to SSIC Hospital, Davanagere. On 24.04.2016, he died due to accidental injuries. - 5 - HC-KAR NC: 2025:KHC:33622 MFA No. 3717 of 2020 C/W MFA.CROB No. 38 of 2024 The Tribunal had fixed the liability on the owner of the vehicle, as the driver of the offending vehicle was not having a valid driving license at the time of the accident and when it comes to the compensation, Court had granted an amount of Rs.8,85,000/-. 3. Learned counsel appearing for the owner of the vehicle submits that there was no sufficient proof on record to show that the death has occurred because of the accidental injuries. It is submitted that when he was admitted in the K.C. General Hospital, against the medical advice he left the hospital and later, he joined in the other hospital and died. It is submitted that as per their information, he had liver issues and because of that he died and the Court without any evidence on record with regard to the accident and the connection with the same to the death of the deceased has granted the compensation. It is submitted that it is contributory negligence on the part of the deceased and there is no negligence on the part of the driver of the opposite vehicle. As such, the claimant is not entitled for compensation. - 6 - HC-KAR NC: 2025:KHC:33622 MFA No. 3717 of 2020 C/W MFA.CROB No. 38 of 2024 4. The learned counsel appearing for the claimant submits that as there was no driving licence to the driver of the offending vehicle, the Court had fasten the liability on the owner of the vehicle. It is submitted that in the light of the settled law in the case of National Insurance Company Limited vs. Swaran Singh and Others reported in (2004) 3 SCC 297, the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. 5. The learned counsel appearing for the Insurance Company submits that the Court had rightly considered and fixed the liability on the owner of the vehicle and the compensation that is awarded is just and reasonable. Even no interference is called for. 6. Having heard the learned counsels on either side, perused the material on record. 7. The owner of the vehicle has not contested before the Tribunal and has not adduced any evidence, nor has he entered the witness box. Now, the contentions that are raised - 7 - HC-KAR NC: 2025:KHC:33622 MFA No. 3717 of 2020 C/W MFA.CROB No. 38 of 2024 is there is contributory negligence on the part of the deceased. If there is contributory negligence on the part of the deceased and if that is the case of the owner of the vehicle, the burden lies on the owner of the vehicle to prove the same. In this case, no such effort is made and no evidence is adduced. The postmortem report is marked as Ex.P4. The postmortem report is very clear that because of the accidental injuries, the death had taken place. That itself is sufficient to say that there is a connection between the accident and the injuries. 8. In these circumstances, this Court is not inclined to consider the submissions made on behalf of the owner of the vehicle and the MACT had rightly held that accident had occurred due to the rash and negligent driving of the driver of the offending vehicle and it resulted in the death of the deceased. Then coming to the liability, in the light of the law laid down in Swaran Singh's case referred supra, the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. 9. Accordingly, M.F.A.No.3717/2020 is dismissed and M.F.A. Crob No.38/2024 is partly allowed. - 8 - HC-KAR NC: 2025:KHC:33622 MFA No. 3717 of 2020 C/W MFA.CROB No. 38 of 2024 i. The Insurance Company shall pay the compensation to the claimant and recover the same from the owner of the vehicle. ii. The amount in deposit shall be forthwith transmitted to the Tribunal and the claimant is at liberty to withdraw and the remaining amount, the Insurance Company shall deposit. iii. 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. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KG List No.: 1 Sl No.: 6