- 1 - HC-KAR NC: 2026:KHC:26794 MFA No. 2402 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2402 OF 2022 (MV-I) BETWEEN: UNITED INDIA INSURANCE CO., LTD., REP. BY ITS DIVISIONAL MANAGER, JEWEL PLAZA, MARUTHI VEETHIKA ROAD, D.O.MANIPAL, UDUPI 576 104. …APPELLANT (BY SRI. BENNI RAVISH CHANDRASHEKAR, ADVOCATE) AND: 1. RAJA KUMAR @ RAJU S HUVANOOR (SINCE DECEASED) SMT. SUKANYA, W/O RAJA KUMAR @ RAJU S.HUVANOOR, AGED ABOUT 36 YEARS. 2. KEERTHI D/O RAJA KUMAR @ RAJU S.HAVANOOR, AGED ABOUT 13 YEARS 3. KIRAN S/O RAJA KUMAR @ RAJU S.HUVANOOR, AGED BOUT 12 YEARS. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26794 MFA No. 2402 of 2022 4. KIRTHAN S/O RAJA KUMAR @ RAJU S.HUVANOOR, AGED BOUT 9 YEARS, APPELLANT NO.2 TO 4 ARE MINORS REP. BY MOTHER AND NATURAL GUARDIAN, SMT SUKANYA, ALL ARE R/AT POTTIGE, BOMMARABETTU, HIRIADKA, UDUPI TALUK AND DISTRICT. 5. SMT. POORNIMA D.SHETTY, W/O DINESH SHETTY, AGED ABOUT 37 YEARS, R/AT H.NO.3/2/1, KUNJATHBAIL HOUSE, KAVOOR POST, MANGALORE. …RESPONDENTS (BY SRI.B.S.SACHIN, ADVOCATE FOR C/R-1 TO R-4 IN CP 845/22; NOTICE TO R-5 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.12.2021 PASSED IN MVC NO.790/2018 ON THE FILE OF THE ADDL. MACT AND PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT UDUPI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:26794 MFA No. 2402 of 2022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The insurance company preferred this appeal aggrieved by the judgment and award passed in MVC No.790/2018 dated 14.12.2021 passed by the Additional MACT and Principal Senior Civil Judge and CJM, Udupi whereby the tribunal partly allowed the claim petition filed by the respondent - claimant and award the compensation of Rs.4,55,750/- with interest at the rate of 6% p.a. for the injuries sustained by the respondent in the accident. 2. The factual matrix of the case is that on 29.01.2018 at about 7.00 pm near Kondadi Bommarabettu Village, Udupi the deceased was riding his motor cycle bearing Reg.No.KA-20-EM-9065 from Hiriadka side towards Kondadi Bhajankatta, at that time, the driver of the bus bearing Reg.No.KA-19-D-1233 came from Hiriadka side towards Karkala in a rash and negligent manner and thereby dashed to the motorcycle of the deceased from - 4 - HC-KAR NC: 2026:KHC:26794 MFA No. 2402 of 2022 hind side and thereby caused the accident and which resulted in the grievous injuries to the deceased. Thereafter he was shifted to the hospital and F.I.R. was registered based on the complaint lodged by the wife of the deceased i.e., claimant No.1 against her husband i.e., the deceased. After investigation the jurisdictional police laid the charge sheet against the driver of the bus so also the deceased. Accordingly, claim petition was filed by the claimants claiming compensation. 3. The tribunal after assessment of the oral and documentary evidence placed before it, partly allowed the claim petition as stated supra. Aggrieved by the same insurance company preferred this appeal. 4. Heard the learned counsel for the appellant- insurance company and for the respondents-claimants. 5. Apart from urging several contentions the learned counsel for the appellant primarily contended that since charge sheet has been laid against the deceased by - 5 - HC-KAR NC: 2026:KHC:26794 MFA No. 2402 of 2022 arraying him as accused No.2 based on the complaint lodged by the claimant i.e., his own wife, there is a clear contributory negligence on the part of the deceased to the accident. He contended that charge sheet materials discloses that the deceased drove his motor cycle in a rash and negligent manner as such the accident was caused, said aspect was narrated in the complaint lodged by the wife. Accordingly, he prays to allow the petition. 6. Per contra, learned counsel for the respondents contended that the charge sheet materials discloses that the driver of the bus was drove the bus in a rash and negligent manner and was driving behind the motor cycle and dashed to motor cycle on the hind side as a result the accident was caused. There is a clear negligence on the part of the driver of the bus. As such the Tribunal rightly held that the driver and the insurance company of the bus are liable to pay the compensation. Accordingly, he prays to dismiss the appeal. - 6 - HC-KAR NC: 2026:KHC:26794 MFA No. 2402 of 2022 7. I have given my anxious consideration both on the submission made by the learned counsel for the respective parties and perused the documents. 8. As could be gathered from the records, the accident in question is not in dispute and the deceased also sustained injuries due to the accident caused. However, learned counsel for the appellant contended that there is a clear negligence on the part of the deceased and he also contributed negligence towards the accident caused. I have perused charge sheet placed before the Tribunal as per Ex.P5 wherein the charge column depicts that the driver of the bus was driving his vehicle behind the motor cycle of the deceased and without keeping sufficient distance, in a high speed and negligent manner and thereby dashed to the motor cycle on the hind side as a result the accident caused. No doubt the complaint has been lodged by the claimant at the earliest point of time against here own husband. However, on perusal of the evidence it could be presumed that she might have lodged - 7 - HC-KAR NC: 2026:KHC:26794 MFA No. 2402 of 2022 such complaint only to claim insurance. Further, the driver of the bus it is duty bound to keep sufficient distance from the motor cycle which was riding by the deceased. As such on careful examination of the evidence, I am of the considered view that the Tribunal has rightly fixed the liability to the driver of the bus and also rightly paid the compensation under different heads and accordingly, interference on the judgment and award is not necessary and the same is dismissed. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 9