- 1 - HC-KAR NC: 2025:KHC:45105 MFA No. 5094 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5094 OF 2024 (MV-I) BETWEEN: M/S ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD., # 30, 3RD FLOOR, JNR CITY CENTRE, RAJARAM MOHAN ROY ROAD, SAMPANGIRAMA NAGAR, BENGALURU-560 027 THROUGH ITS BENGALURU OFFICE, REP BY ITS AUTHORIZED SIGNATORY. …APPELLANT (BY SRI. ANUP SEETHARAM RAO, ADVOCATE) AND: 1. SMT.NANJAMMA AGED ABOUT 47 YEARS, W/O SRI NARAYANA, RESIDING AT NO. 158 14TH CROSS, CHOWDESHWARINAGAR, LAGGERE, BENGALURU-560 058 2. MR.INAYATH ULLA MAJOR IN AGE, FATHER NOT KNOWN, RESIDING AT NO. 369, KENGERI ROAD, KUVEMPUNAGAR, MAGADI MAIN, TAVAREKERE, CHIKKANNAHALLI, B.O BENGALURU-562 130 3. M/S CHOLAMANDALAM MS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45105 MFA No. 5094 of 2024 GENERAL INSURANCE CO. LTD., UNIT IV, 9TH FLOOR, (LEVEL-06) GOLDEN HEIGHTS COMPLEX, 59TH C CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4TH M BLOCK, BENGALURU-560 010 4. SRI. GURURAJNAGESH SHETTY AGED ABOUT 28 YEARS, NO. 349/351, STEER ENGG, 9TH CROSS, 4TH PHASE, PEENYA, TUMKUR-560 058 …RESPONDENTS (BY SRI. MOHAN KUMAR H.G., ADVOCATE V/O/D 22/01/2025- NOTICE TO R2 IS DISPENSED WITH SRI.D.VIJAYAKUMAR, ADVOCATE FOR R3 R4- SERVED BUT UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.04.2024 PASSED IN MVC NO. 3154/2022 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-4), AWARDING COMPENSATION OF RS. 5,91,531/- WITH INTEREST AT 6 PERCENT P.A. FORM THE DATE OF PETITION TILL THE REALIZATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:45105 MFA No. 5094 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.3154/2022 dated 03.04.2024 by the XVIII Addl. Judge, Court of Small Causes, Bengaluru, the insurance company is before this Court. Before the Tribunal Respondent No.2 was Cholamandalam Insurance Company and Respondent No.4 was Royal Sundaram General Insurance Company. 2. It is a case of the claimants that on 13.05.2022 at about 09.30 a.m. the claimant was pedestrian on the extreme left side of the outer ring road and carefully observing the vehicle movements was crossing the road. At that time, suddenly the driver of the goods auto came from Goruguntepalya side in a rash and negligent manner endangering to human life without observing any of the traffic rules and regulations and dashed against the claimant due to which she fell on the right side of the road, the wheels of the said goods auto ran on the right leg, at the same time the rider of the motorcycle came in a rash and negligent manner endangering to human life without observing any of the traffic rules and regulations dashed to the hip of the claimant and the claimant sustained grievous injuries all over the body. - 4 - HC-KAR NC: 2025:KHC:45105 MFA No. 5094 of 2024 3. The goods auto is insured by Cholamandalam General Insurance Company and the two wheeler is insured by the ICICI Lumbard for third party insurance and Royal Sundaram General Insurance Company as stand alone own damage policy. The Tribunal has held that there is a rash and negligent driving on the part of the driver of the goods Auto as well as on the part of the rider of two wheeler and had fixed the liability on the the Cholamandalam MS General Insurance and as well as Royal Sundaram General Insurance Co. Ltd. who have insured the goods auto and the two wheeler. 4. The Royal Sundaram General Insurance Co. Ltd., is before this Court submitting that as far as the bike is concerned it was only stand alone own damage policy and they have not insured the vehicle with regard to the third party claims. In that case the appellant/insurance company is not liable to pay the compensation. If at all any compensation has to be paid, that has to be paid by the ICICI Lumbard Insurance Company and the claimants have not made the said insurance company as a party to the claim petition. It is submitted that the tribunal has failed to take into consideration all these aspects and - 5 - HC-KAR NC: 2025:KHC:45105 MFA No. 5094 of 2024 particularly the aspect that the appellant/insurance company has no liability. 5. Learned counsel appearing for the claimant submits that in this appeal the insurance company ought to have made ICICI Lombard Co. Ltd., as a party to this appeal and without making them a party they have filed this appeal. 6. Learned counsel appearing for the insurer of the goods auto/Royal Sundaram General Insurance Co. Ltd., submits that there 50% of the liability they have already satisfied and they have not questioned the same. 7. Having heard the learned counsels on either side, perused the material on record. The undisputed facts in this case are that the appellant/ insurance company had insured the bike, i.e., for the stand alone own damage policy and admittedly there is a third party insurance by another insurance Company i.e., ICICI lumbard Insurance Co. Ltd. The claimants for the best reasons known to them have not made that insurance company as a party before the MACT. The parties are bound by the terms and conditions of the policy. When the M/s - 6 - HC-KAR NC: 2025:KHC:45105 MFA No. 5094 of 2024 Royal Sundaram General insurance company has not insured the vehicle for the third party liability, the tribunal ought not to have fixed the liability on the appellate/insurance company. i. Accordingly, the award passed by the tribunal in MVC.No.3154/2022 dated 03.04.2024 is set-aside as far as the liability of the appellate/insurance company is concerned and the matter is remanded back to the MACT giving an opportunity to the claimants to implead the ICICI Lombard Insurance Co. Ltd. ii. The appeal of the insurance company is Allowed. iii. The amount in deposit shall be transferred to the Tribunal and the insurance company is at liberty to withdraw. iv. The claimants shall appear before the Tribunal without further notice on 16.12.2025 and within two months from 16.12.2025 the Tribunal shall dispose of the matter. - 7 - HC-KAR NC: 2025:KHC:45105 MFA No. 5094 of 2024 v. No Costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 43