- 1 - HC-KAR NC: 2026:KHC:17898 MFA No. 4510 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.4510 OF 2020(MV-D) BETWEEN: THE MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/5, 3RD FLOOR, MONARK CHURCH, INFANTRY ROAD, BANGALORE NOW REP. BY ITS, THE MANAGER, SHRIRAM GIC LTD.,NO.4/5, 3RD FLOOR, S.V.ARCADE, BILEKAHALLI MAIN ROAD, OPP. TO BANNEGHATTA ROAD, IIM POST, BANGALORE – 560 076. …APPELLANT (BY SRI. SANTHOSH KUMAR, ADVOCATE FOR SRI.PRADEEP B., ADVOCATE) AND: 1. SHANTHAMMA, W/O.LATE NAGARAJU, AGED ABOUT 47YEARS, SOWDENAHALLI VILLAGE, R/AT CHATRANAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT. 2. PUTTALINGAIAH, S/O. CHANNAIAH, R/AT D.NO.287, B.HATNA VILLAGE, DUDDA HOBLI, MANDYA TQ. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17898 MFA No. 4510 of 2020 3. THE BRANCH MANAGER, MAGMA HDI GIC LTD, 2ND FLOOR, MOHARCH CHAMBERS, NO.40, 2ND LANE, GKC GARDEN, 4TH FLOOR, MISSION ROAD, LALBAGH, BANGALORE. 4. KRISHNA, S/O MARIDASAIAH DEAD BY LRS MAJOR, R/A THULIKER KOPPALU VILLAGE, DUDDA HOBLI, MANDYA TQ. 5. SHANTHAMMA, W/O LATE KRISHNA, AGED ABOUT 37 YEARS, 6. MASTER. GAGANKUMAR S/O LATE KRISHNA, AGED ABOUT 13 YEARS, 7. MASTER. JEEVANKUMAR, S/O LATE KRISHNA, AGED ABOUT 11 YEARS, SINCE RESPONDENT NO. 5 & 6 ARE MINORS, WILL BE REPRESENED BY THE NATURAL GUARDIAN AND MOTHR I.E., RESPONDNET NO. 4. 8. SAKAMMA, W/O LATE NAGARAJU, AGED ABOUT 42 YEARS, R/AT SOWDENAHALLI VILLAGE, DUDDA HOBLI, MANDYA TQ AND DISTRICT. …RESPONDENTS (BY SRI. RAJA L., ADVOCATE FOR R1, VIDE ORDER DATED 06.08.2025, NOTICE TO R2 IS HELD SUFFICIENT, - 3 - HC-KAR NC: 2026:KHC:17898 MFA No. 4510 of 2020 SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R3, R4 SERVED AND UNREPRESENTED, R5 & R6 ARE MINORS REPRESENTED BY R4, VIDE ORDER DATED 17.04.2025 NOTICE TO R7 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:11.03.2020, PASSED IN MVC NO.128/2018, ON THE FILE OF THE I- ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, MANDYA, AWARDING COMPENSATION OF RS.10,48,140/- WITH INTEREST AT THE RATE OF 8 PERCENT P.A., FROM THE DATE OF PETITION TILL THE DEPOSIT OF THE AMOUNT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT The Insurer is in appeal, calling in question the judgment and award dated 11.03.2020 in MVC.No.128/2018 passed by the I Additional Senior Civil Judge and CJM, Mandya, (‘Tribunal’ for short). This appeal is on the ground of liability i.e., fastening 50% liability on the Insurer. - 4 - HC-KAR NC: 2026:KHC:17898 MFA No. 4510 of 2020 2. The parties are referred to as per their rankings before the Tribunal. 3. Heard Sri.Santhosh Kumar, learned counsel appearing on behalf of Sri.Pradeep.B, learned counsel for the appellant, Sri.Raja.L, learned counsel appearing for respondent No.1, Sri.B.C.Shivanne Gowda, learned counsel appearing for respondent No.3. Respondent No.4 though served, remain unrepresented. Respondent Nos.5 and 6 are minors represented by respondent No.4. Vide order dated 17.04.2025, notice to respondent No.7 is dispensed with. Vide order dated 06.08.2025, notice to respondent No.2 is held sufficient. 4. Sri.Santhosh Kumar, on short point argued that in a connected matter i.e., in MVC.No.649/2018, the entire liability has been admitted by the Insurer of another vehicle i.e., Magma, HDI General Insurance Company Limited i.e., insurer of the tractor and satisfied the compensation as per the Lok-Adalat order. - 5 - HC-KAR NC: 2026:KHC:17898 MFA No. 4510 of 2020 5. Sri.B.C.Shivanne Gowda., learned counsel who is present in the Court is not disputing the fact that the claim before the Lok-Adalat has been settled by the Insurer – Magma, HDI General Insurance Company Limited in MVC.No.649/2018, accepting the entire liability. In view of the same, the appeal filed by the Insurer is allowed. 6. The judgment and award passed by the Tribunal is modified, thereby setting aside liability of 50% fastened on the Insurer. 7. The entire liability is fastened on the respondent No.3 Insurer i.e., insurer of Tractor. 8. For the aforesaid reasons, this Court proceeds to pass the following: ORDER i) Appeal is allowed. ii) The judgment and decree dated 11.03.2020 in MVC.No.128/2018 passed by the I - 6 - HC-KAR NC: 2026:KHC:17898 MFA No. 4510 of 2020 Additional Senior Civil Judge and CJM, Mandya, with respect to 50% liability on the appellant-insurer is set aside. iii) The respondent No.3-Insurer is made liable to pay entire compensation. iv) The amount in deposit by the appellant - Insurer be remitted through digital payment to the appellant on proper identification. v) The respondent No.3-insurer shall deposit the liability fastened on the appellant-insurer along with interest awarded by the Tribunal within six weeks from the date of receipt of copy of this order. vi) Upon deposit, the amount shall be released as per the apportionment order. Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 17 ct-vn