- 1 - HC-KAR NC: 2025:KHC-K:3344-DB MFA No. 201879 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 24TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS. JUSTICE K S HEMALEKHA MISCL. FIRST APPEAL NO.201879 OF 2024 (MV-D) BETWEEN: THE MANAGER SHRIRAM GENERAL INSURANCE CO. LTD., NO.302, 3RD FLOOR, S S CORNER BLDG, PLOT NO.48, HOSPITAL ROAD, SHIVAJI NAGAR, BENGLAURU – 560 001. (AUTHORISED SIGNATORY) …APPELLANT (BY SRI. SUBHASH MALLAPUR, ADVOCATE) AND: 1. THIMMAMMA W/O SABANNA, AGE: 36 YEARS, OCC: HOUSEHOLD, 2. SABANNA S/O RANGAYYA, AGE: 38 YEARS, OCC: COOLIE, BOTH ARE R/O SOMANAMARADI, NOW AT KALAMALA, TQ: & DIST: RAICHUR Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3344-DB MFA No. 201879 of 2024 3. HANUMANTRAYA S/O NARASAPPA AGE: 31 YEARS, OCC: OWNER CUM DRIVER OF TRAX TOOFAN, NO.KA-36/B-3962, R/O: SOMANAMARADI, TQ: DEODURGA, DIST: RAICHUR. …RESPONDENTS (BY SRI SANGANAGOUDA V. BIRADAR, ADV. FOR C/R1 & R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 OF MOTORVEHICLES ACT, PARYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 10.01.2024, IN MVC.NO.552/2021 PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE & MACT, RAICHUR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE MRS. JUSTICE K S HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ) Heard both sides and perused the material on record. 2. The Insurance Company has preferred this appeal challenging the liability fixed on it by the Tribunal, - 3 - HC-KAR NC: 2025:KHC-K:3344-DB MFA No. 201879 of 2024 while awarding compensation to the claimants in MVC No.552/2021, vide its judgment dated 10.01.2024. 3. The Tribunal has awarded a total compensation of Rs.23,04,600/- along with interest at the rate of 6% per annum to the claimants, namely parents of the deceased, for the death of their son who died in a road traffic accident which occurred on 08.10.2021 at about 9.45 a.m. involving a Tempo Trax vehicle bearing Registration No.KA-36/B-3962. 4. The contention of the learned counsel for the appellant is that the deceased was traveling on the top of the vehicle and he himself was negligent, hence, the appellant/Insurance Company is not liable to pay the compensation. 5. Learned counsel for the appellant would contend that the charge-sheet papers clearly reveal that the deceased was traveling on the roof top of the vehicle and under such circumstances the policy does not cover, - 4 - HC-KAR NC: 2025:KHC-K:3344-DB MFA No. 201879 of 2024 and therefore, the Insurance Company is not liable to pay any compensation. 6. The Tribunal has held that when the vehicle is insured with package policy restricting the risk of particular number of passengers, then the Insurance Company is liable to pay the compensation and according to the registration certificate of the vehicle, seating capacity was 12 and the policy being a package policy, Insurance Company is under obligation to indemnify for the 12 claims and in the present case there being only one claim, Insurance Company is liable to satisfy the award. 7. While considering a similar question, a Co-ordinate Bench of this Court relying on a decision of the Full Bench in the case of NWKRTC Vs. Vijaylakshmi and Others reported in ILR 2011 KAR 4845, which dealt with Section 123 of the Motor Vehicles Act, 1988 held that mere infraction of said provision would not technically lead to a conclusion regarding negligence and denial of compensation. An additional burden is cast to - 5 - HC-KAR NC: 2025:KHC-K:3344-DB MFA No. 201879 of 2024 establish that said violation contributed occurrence of accident and without such evidence, the Corporation cannot escape its liability. Such evidence is not forthcoming in the instant case. We find that the reasons assigned by the Tribunal for fixing the liability on the appellant/Insurance Company is in accordance with law, and therefore, we proceed to pass the following: ORDER i) The appeal is dismissed. ii) The amount in deposit before this Court shall be transmitted to the Tribunal. Pending I.A.No.1/2025 does not survive for consideration and the same stands disposed of accordingly. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (K S HEMALEKHA) JUDGE BL: List No.: 1 Sl No.: 27 CT:NI