- 1 - HC-KAR NC: 2026:KHC:28628 MFA No. 7765 of 2017 C/W MFA.CROB No. 64 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.7765 OF 2017(MV-D) C/W MFA CROSS OBJECTION NO. 64 OF 2021 (MV-D) IN MFA No. 7765/2017 BETWEEN: THE MANAGER, CHOLAMANDALAM M.S. GIC LTD, 1ST FLOOR, SIGMA COMPLEX, NEW KANTHARAJ URS ROAD, KUVEMPUNAGARA, MYSURU - 570 023. NOW REPRESENTED BY ITS SR. MANAGER - CLAIMS, CHOLAMANDALAM M S GIC LTD, NO.1/2, GOLDEN HEIGHTS BUILDING, 6TH FLOOR, 59TH C CROSS, RAJAJINAGAR ENTERANCE, BANGALORE - 10. …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. SMT. SHOBHA, W/O. CHANDRARAJU K.T., Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28628 MFA No. 7765 of 2017 C/W MFA.CROB No. 64 of 2021 NOW AGED ABOUT 39 YEARS, 2. CHANDRARAJU K.T., S/O. THIMMEGOWDA, NOW AGED ABOUT 43 YEARS, BOTH ARE R/AT KUSHALANAGAR, HEBBAL ROAD, KUDLOOR VILLAGE AND POST, KUSHALNAGAR, SOMWARPET TALUK - 571 237. 3. T.A.RAMACHANDRA, S/O. ANNAJI RAO T, MAJOR, R/AT ATHOOR-NALOOR VILLAGE, KAMBIBANE POST, SUNTICOPPA, SOMWARPET TALUK - 571 237. …RESPONDENTS (BY SMT.SUMA K., ADVOCATE FOR SRI. V.PADMANABHA KEDILAYA, ADVOCATE FOR R1 AND R2; SRI.M.K. NIYAZUDDIN, ADVOCATE FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.08.2017 PASSED IN MVC NO.4/2016 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, PRINCIPAL DISTRICT JUDGE AND M.A.C.T., MADIKERI, AWARDING COMPENSATION OF RS.5,23,339/- WITH INTEREST AT 9% P.A. PENDENTE-LITE AND FUTURE - 3 - HC-KAR NC: 2026:KHC:28628 MFA No. 7765 of 2017 C/W MFA.CROB No. 64 of 2021 INTEREST TILL THE DATE OF REALIZATION OF AWARD AMOUNT. IN MFA.CROB NO. 64/2021 BETWEEN: 1. SMT. SHOBHA, W/O CHANDRARAJU K.T., AGED ABOUT 43 YEARS, 2. SRI. CHANDRARAJU K.T., S/O THIMMEGOWDA, AGED ABOUT 47 YEARS, BOTH ARE R/AT KUSHALNAGAR - HEBBAL ROAD, KUDLOOR VILLAGE AND POST, KUSHALNAGAR, SOMWARPET TALUK. ...CROSS OBJECTORS (BY SMT. SUMA K., ADVOCATE) AND: 1. SRI. T.A.RAMACHANDRA, SON OF ANNAJI RAO T., MAJOR, R/O ATHOOR - NALOOR VILLAGE, KAMBIBANE POST, SUNTICOPPA, SOMWARPET TALUK - 571 237. 2. THE CHOLAMANDALAM MS GENERAL INSURACE COMPANY LTD., - 4 - HC-KAR NC: 2026:KHC:28628 MFA No. 7765 of 2017 C/W MFA.CROB No. 64 of 2021 1ST FLOOR, SIGMA COMPLEX, NEW KANTARAJ URS ROAD, KUVEMPUNAGARA, MYSURU - 570 023. ...RESPONDENTS (BY SRI.PRADEEP B., ADVOCATE FOR R2; MR.K.NIYAZUDDIN, ADVOCATE FOR R1) THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 R/W U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.08.2017 PASSED IN MVC NO.4/2016 ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE, MACT, KODAGU MADIKERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA AND MFA CROB COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 5 - HC-KAR NC: 2026:KHC:28628 MFA No. 7765 of 2017 C/W MFA.CROB No. 64 of 2021 ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed against the award of the Tribunal in MVC No.4/2016 dated 02.08.2017. 3. Surendra and his friend were travelling on a motorbike, at that time, the driver of the Tata Indica car came from opposite direction and dashed the motorcycle, as a result, Surendra sustained grievous injuries and died on the spot. His parents filed claim petition claiming compensation of Rs. 11,14,000/-. The Tribunal considering the entire evidence on record, granted an amount of Rs.5,23,339/- with interest at the rate of 9% per annum, from the date of petition till realization. 4. Aggrieved by the said order, Insurance Company preferred the appeal and mainly contended that this application is filed under Section 163A of the Motor Vehicles Act, 1988, and they relied upon the citation of Hon'ble Supreme Court in case of Ningamma and Another -Vs- United Indian Insurance Company reported in 2009 ACJ 2020 and stated that Tribunal failed to appreciate that accident occurred only due to - 6 - HC-KAR NC: 2026:KHC:28628 MFA No. 7765 of 2017 C/W MFA.CROB No. 64 of 2021 the negligence of the rider of the motorcycle and abated charge sheet is filed against him. As he himself is negligent in driving and died due to his self-fall, the claimants are not entitled for any compensation and the Tribunal has erred in granting higher compensation. 5. Per contra, the learned counsel of the respondent relied upon the citation, in the case of United India Insurance Company Ltd. Vs- Sunil Kumar and others, reported in 2018 ACJ 1, in which it was held that, under Section 163A of the Act, it is not open for the individual to raise any defence of negligence on the part of the victim. Therefore the argument of the appellant's counsel, that they are not liable for the compensation cannot be accepted. 6. Loss of dependency is Rs.4,53,339/-. Apart from that claimants are also entitled for Rs.2,000/- towards funeral expenses. Rs.2,500/- towards loss of estate. Therefore, the total compensation comes to Rs.4,57,839/-. The Tribunal has granted interest at the rate of 9% per annum, this Court finds no reason to interfere with the interest granted by the Tribunal as the accident occurred in the year 2015. - 7 - HC-KAR NC: 2026:KHC:28628 MFA No. 7765 of 2017 C/W MFA.CROB No. 64 of 2021 7. In all, the total compensation comes to Rs.4,57,839/- under the following heads:- Sl No Particulars Amount 1 Loss of dependency 4,53,339/- 2 Towards funeral expenses 2,000/- 3 Towards loss of estate 2,500/- Total Rs.4,57,839/- 8. Thus, compensation is reduced from Rs.5,23,339/- to Rs.4,57,839/- with interest at the rate of 9% per annum. 9. In the result, the following order is passed: ORDER i. MFA No.7765/2017 is partly allowed. ii. The judgment and award dated 2.8.2017 passed in M.V.C.No.4/2016 by the learned Prl.District Judge and MACT, Kodagu at Madikeri is modified; iii. Insurance company has already deposited Rs.3,00,000/- and they are directed to deposit - 8 - HC-KAR NC: 2026:KHC:28628 MFA No. 7765 of 2017 C/W MFA.CROB No. 64 of 2021 the balance amount along with interest within one month from the date of this order. iv. On such deposits, claimants are permitted to withdraw the entire amount along with interest accrued on the same as per the apportionment of the Tribunal v. Amount in deposit is to be transferred to MACT. MFA Crob .64/2021 filed by the claimants is dismissed. Sd/- (P SREE SUDHA) JUDGE HR List No.: 1 Sl No.: 22