- 1 - HC-KAR NC: 2026:KHC:26936 MFA No. 1553 of 2020 C/W MFA No. 134 of 2020 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.1553 OF 2020(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 134 OF 2020 (MV-D) IN MFA No. 1553/2020 BETWEEN: THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO. LTD.. NEW MUSLIM HOSTEL COMPLEX, SARASWATHIPURAM MYSURU NOW REPRESENTED BY DEPUTY MANAGER THE ORIENTAL INSURANCE CO LTD REGIONAL OFFICE NO.44/45, 4TH FLOOR, TP HUB LEO SHOPPING COMPLEX RESIDENCY ROAD CROSS BANGALORE - 560025 …APPELLANT (BY SRI. H.C VRUSHABHENDRAIAH, ADVOCATE) AND: 1. JAYALAKSHMI W/O SIDDARAJU NOW AGED ABOUT 54 YEARS 2. SIDDARAJU S/O RAMEGOWDA NOW AGED ABOUT 59 YEARS BOTH ARE R/AT POST OFFICE Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26936 MFA No. 1553 of 2020 C/W MFA No. 134 of 2020 ROAD, GUTTAL COLONY MANDYA CITY - 575001 3. HIREMUTT PANCHAKASHARI S/O SHANKARAIAH NOW AGED ABOUT 49 YEARS R/O NO 877 LAKSHMIDEVI NIVAS 15TH CROSS, V V NAGAR KALLAHALLI, MANDYA CITY - 575 101 4. THE DIVISIONAL CONTROLLER KSRTC KSRTC BUS STAND MANDYA - 575101 5. NASEER KOYA S/O CHERUKUNJIKOVA THANGAL HOUSE NO 1/32, F (30201 B) PUTHENPURAYI HOUSE VAZJPPILLY, MUDAVOOR PO675 002 6. ANWARSADATH S/O UNNENULVUAN NSE NELLIKUTHA P.O MANJERI, KERALA STATE-500 001 …RESPONDENTS (BY SRI. K.S. ANANDA, ADVOCATE FOR R1 & R2, SRI. F.S. DABALI, ADVOCATE FOR R4, R5 - NASSER KOYA R6 - ANWARSADATH ARE SERVED AND UNREPRESENTED VIDE ORDER DATED 20/04/2022, NOTICE TO R3 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.19.09.2019 PASSED IN MVC NO.157/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANDYA, AWARDING COMPENSATION OF RS.13,24,600/- WITH INTEREST AT 6 - 3 - HC-KAR NC: 2026:KHC:26936 MFA No. 1553 of 2020 C/W MFA No. 134 of 2020 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT. IN MFA NO. 134/2020 BETWEEN: THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., NEW MUSLIM HOSTEL COMPLEX, SARASWATHIPURAM, MYSORE. NOW REPRESENTED BY DEPUTY MANAGER, THE ORIENTAL INSURANCE CO LTD., REGIONAL OFFICE, NO.44/45, 4TH FLOOR, TP HUB, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BANGALORE-560 025. ...APPELLANT (BY SRI. H.C VRUSHABHENDRAIAH, ADVOCATE) AND: 1. DEVAMMA AGED ABOUT 45 YEARS W/O LATE PARAMESHA, R/O BEHIND JALALAKSHMI TALKIES, WARD NO.29, INDIRA COLONY, GUTTAL ROAD, MANDYA CITY-575 101. 2. HIREMUTT PANCHAKASHARI S/O SHANKARAIAH, NOW AGED ABOUT 49 YEARS, R/O.NO.877, LAKSHMI DEVI NIVAS, 15TH CROSS, V.V NAGAR, KALLAHALLI, MANDYA CITY-575 101. 3. THE DIVISIONAL CONTROLLER - 4 - HC-KAR NC: 2026:KHC:26936 MFA No. 1553 of 2020 C/W MFA No. 134 of 2020 KSRTC KSRTC BUS STAND, MANDYA-575101. 4. NASSER KOYA S/O CHERUKUNJIKOVAM THANGAL HOUSE, NO.1/32, F (3-201 B) PUTHENPURAYI HOUSE, VAZHPPILLY, MUDAVOOR PO 5. ASWARSADATH S/O UNNEENULVUAN, NSE NELLIKUTHA P.O. MANJERI, KERALA STATE ...RESPONDENTS (BY SRI. K.S ANANDA, ADVOCATE FOR R1, SRI. H.B CHANDRASHEKAR, ADVOCATE FOR R4, SRI. F.S DABALI, ADVOCATE FOR R3, SRI. M. ASHOK KUMAR, ADVOCATE FOR R3, R5 - ANWARSADATH IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 19.09.2019, PASSED IN MVC NO.158/2015, ON THE FILE OF THE II-ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANDYA, AWARDING COMPENSATION OF RS.12,84,600/- WITH INTEREST AT 6 PERCENT P.A., FROM THE DATE OF PETITION TILL ITS DEPOSIT. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K - 5 - HC-KAR NC: 2026:KHC:26936 MFA No. 1553 of 2020 C/W MFA No. 134 of 2020 ORAL JUDGMENT 1. The Insurer has filed these appeals challenging the judgment and award dated 19.09.2019 passed by the Tribunal in MVC.Nos.157/2015 and 158/2015. 2. The factual matrix of the case is that on 21.12.2014, one Sidharth, the deceased in this case, was riding a motorcycle bearing Registration No. KA-11 E-1724, and one Nagraj was travelling on the said motorcycle as a pillion rider. At about 2:30 p.m., on the Mysore–Bangalore Highway, when they were proceeding towards Mandya, an Eicher Goods Tempo bearing Registration No. KL-10-AE- 7842 came in a rash and negligent manner and dashed against the motorcycle being ridden by the deceased. As a result, both the rider and the pillion rider fell down and rolled onto the other lane of the highway. 3. At the same time, a KSRTC bus bearing Registration No. KA-09-F-5186, which was proceeding from Mysore towards Bangalore, was allegedly being driven at a high speed, and its wheels ran over the bodies of both the rider - 6 - HC-KAR NC: 2026:KHC:26936 MFA No. 1553 of 2020 C/W MFA No. 134 of 2020 and the pillion rider, due to which, they succumbed to the injuries and died on the spot. 4. Thereafter, claim petitions were filed by the family members of both the deceased in MVC Nos. 157/2015 and 158/2015 against the owners and insurers of both the vehicles, namely, the KSRTC bus and the Eicher Goods Tempo. 5. The Tribunal, upon assessment of the evidence on record, partly allowed the claim petitions and directed Respondent No. 2, i.e., the insurer of the Eicher Goods Tempo, to pay the compensation. Aggrieved by the said judgment and award, the insurer of the Eicher Goods Tempo has preferred these appeals. 6. Heard learned counsel for the appellants, learned counsel for the respondents and so also perused the records. 7. Apart from urging several contentions, the learned counsel for the appellants primarily contended that the driver of the KSRTC bus had also equally contributed to the negligence that resulted in the impugned accident. He - 7 - HC-KAR NC: 2026:KHC:26936 MFA No. 1553 of 2020 C/W MFA No. 134 of 2020 submitted that, after investigation, the police filed a chargesheet against the drivers of both the Eicher Goods Tempo and the KSRTC bus. 8. He further contended that, according to the chargesheet, after the Tempo dashed against the motorcycle of the deceased, both the rider and the pillion rider were thrown onto the other lane of the road. At that time, the KSRTC bus came in a rash and negligent manner and ran over the deceased. Therefore, the driver of the KSRTC bus was equally responsible for the death of both the rider and the pillion rider. 9. Learned counsel submitted that RW-1, the driver of the KSRTC bus, has categorically deposed to the said effect in his evidence. However, the Tribunal has failed to consider the same in accordance with law. He further contended that the Tribunal committed an error in awarding compensation under different heads without properly analysing the age and income of the deceased. Accordingly, he submitted that the impugned judgment and award are liable to be set aside and prayed for allowing the appeals. - 8 - HC-KAR NC: 2026:KHC:26936 MFA No. 1553 of 2020 C/W MFA No. 134 of 2020 10. Per contra, learned counsel for the respondent has supported the impugned judgments and submitted that the award is just and proper. Accordingly, he prays to dismiss the appeals. 11. I have given my anxious consideration on the submissions made by the learned counsel for the respective parties and perused the documents available on record. 12. As could be gathered from the records, the occurrence of the accident in question and the coverage of the offending vehicle, namely the Eicher Goods Tempo, under the insurance policy issued by the appellant are not in dispute. A perusal of the FIR and charge sheet materials, i.e., Exs. P-1 to P-6, reveals that the accident in question occurred on the Bangalore–Mysore Highway. At the relevant time, the motorcycle and the Tempo were proceeding towards Mysore, while the KSRTC bus was proceeding from Mysore towards Bangalore in the opposite lane. Near the Big Bazaar Junction in Mandya Town, the Tempo dashed against the motorcycle from behind. Due to the impact of the accident, both the - 9 - HC-KAR NC: 2026:KHC:26936 MFA No. 1553 of 2020 C/W MFA No. 134 of 2020 rider and the pillion rider were thrown off the motorcycle and rolled onto the opposite lane, where they came under the rear wheel of the KSRTC bus. Since the front wheel of the bus had already crossed the spot at the time of the accident, the driver of the bus was unable to notice, stop, or avoid the accident. Admittedly, the rear wheel of the bus passed over both the rider and the pillion rider. In such circumstances, it cannot be presumed that the driver of the bus could have avoided the accident. On the contrary, the accident and the resultant death of the rider and the pillion rider were caused solely due to the rash and negligent driving of the driver of the Tempo. 13. It is pertinent to note that mere filing of a charge sheet against the driver of the KSRTC bus, along with the driver of the Eicher Goods Tempo, would not by itself sufficient to fasten the liability on the insurer of the KSRTC bus. This aspect of the matter has been rightly considered by the Tribunal, which has held that the appellant–insurance company of the Tempo is liable to pay compensation to the claimants. - 10 - HC-KAR NC: 2026:KHC:26936 MFA No. 1553 of 2020 C/W MFA No. 134 of 2020 14. Insofar as the award of compensation in both the cases is concerned, in my view, the Tribunal has rightly considered the income, age, and other relevant aspects pertaining to the deceased in both the cases. As such, I find no valid ground to interfere with the impugned judgment and award. 15. Accordingly, both the appeals lack merit and are hereby dismissed. 16. The amount in deposit shall be transmitted to the concerned Tribunal for disbursement in accordance with the award of the Tribunal. SD/- (RAJESH RAI K) JUDGE PKS/V List No.: 1 Sl No.: 58