- 1 - HC-KAR NC: 2026:KHC:33752 MFA No. 3735 of 2021 C/W MFA No. 872 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3735 OF 2021(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 872 OF 2021 (MV-D) IN MFA No. 3735/2021 BETWEEN: 1. THE MANAGER M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.29/10, 1ST FLOOR SHANTHINAGARA BUS STOP NEAR BUTTER FLESH SHOW ROOM BANGALORE - 27 NOW REPRESENTED BY ITS 2. M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V ARCADE BILAKAHALLI BANNERUGHATTA MAIN ROAD IIMB POST, BANGALORE REPTD BY ITS ASST. MANAGER …APPELLANTS (BY SRI. B.C SHIVANNE GOWDA, ADVOCATE) AND: 1. RATHNAMMA W/O KALEGOWDA NOW AGED ABOUT 42 YEARS 2. KALEGOWDA S/O LATE PUTTEGOWDA NOW AGED ABOUT 45 YEARS Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33752 MFA No. 3735 of 2021 C/W MFA No. 872 of 2021 3. DHARSHENDRA S/O KALEGOWDA NOW AGED ABOUT 23 YEARS 4. JAYAAMMA S/O LATE PUTTEGOWDA NOW AGED ABOUT 63 YEARS ALL ARE R/O KAVALIKERE VILLAGE DONDAKONDUGULA POST KASABA HOBALI, ALUR TALUK HASSAN DISTRICT 5. P.L. SHEKARA S/O LAKSHMEGOWDA AGED ABOUT 48 YAERS R/O PALYA VILLAGE ALUR TALUK-560 049 …RESPONDENTS (BY SRI. A.R. SHARADAMBA, ADVOCATE FOR R1 TO R4, R5 - P L SHEKARA SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.03.2020 PASSED IN MVC NO. 1539/2018 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT, HASSAN, AWARDING COMPENSATION OF RS.10,38,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 872/2021 BETWEEN: 1. RATHNAMMA W/O KALEGOWDA AGED ABOUT 42 YEARS 2. KALEGOWDA S/O LATE PUTTEGOWDA - 3 - HC-KAR NC: 2026:KHC:33752 MFA No. 3735 of 2021 C/W MFA No. 872 of 2021 AGED ABOUT 45 YEARS 3. DHARSHENDRA K.K S/O KALEGOWDA AGED ABOUT 23 YEARS 4. JAYAMMA S/O PUTTEGOWDA AGED ABOUT 63 YEARS ALL ARE RESIDING AT KAVALIKERE VILLAGE DONDAKONDUGULA POST KASABA HOBLI ALUR TALUK HASSAN DISTRICT-573 201 ...APPELLANTS (BY SRI. CHETHAN B, ADVOCATE) AND: 1. P.L SHEKARA S/O LAKSHMEGOWDA AGED ABOUT 48 YEARS R/O NO.62, PALYA VILLAGE ALUR TALUK-560 049 HASSAN 2. THE MANAGER SRI RAM GENERAL INSURANCE CO LTD NO.29/10, 1ST FLOOR SHANTHI NAGARA BUS STOP NEAR BUTTER FLESH SHOW ROOM BANGALORE-560 027 ...RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, VIDE ORDER DATED 13.07.2022, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.03.2020 PASSED - 4 - HC-KAR NC: 2026:KHC:33752 MFA No. 3735 of 2021 C/W MFA No. 872 of 2021 IN MVC NO.1539/2018 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. While MFA.No.3735/2021 is by the insurer challenging saddling of liability on the insurer as well as on the quantum of compensation, MFA.No.872/2021 is by the claimants seeking enhancement of compensation awarded vide judgment and award dated 18.03.2020 passed in MVC.No.1539/2018 for the accidental death of Harshendra. 2. The occurrence of the accident and the death of Harshendra due to said accident are not in dispute. 3. The brief facts of the case are that on 07.07.2018 at about 10.45 p.m. in N.H.75 Hassan-Sakleshapura road near the land of Gurumurthy of Thaggina Choulageri Village, a lorry bearing registration No.KA46 3202 was stationed in the middle of the road without any indicator or signal for having stationed - 5 - HC-KAR NC: 2026:KHC:33752 MFA No. 3735 of 2021 C/W MFA No. 872 of 2021 the vehicle in the middle of the road and one K.G.Pavan, who was riding the motorcycle bearing registration No.KA13 EG 4828 along with Harshendra, who was riding pillion, without noticing the stationed lorry, dashed against the backside of the same, as a result of which, both of them suffered grievous injuries and succumbed to the same. Pursuant to the same, the chargesheet was laid against the driver of the lorry. 4. For the accidental death of Harshendra, his legal heirs, filed claim petition in MVC.No.1539/2018 and the Tribunal has awarded total compensation of Rs.20,75,000/-. However, attributed 50% negligence on the rider of the motorcycle. Aggrieved by the same and seeking enhancement of compensation, the claimants are before this Court in MFA.No.872/2021. However, aggrieved by the quantum of compensation and also on the aspect that the driver of the lorry had not possessed valid driving license to drive heavy goods vehicle, the insurer is before this Court in MFA.No.3735/2021. 5. Learned counsel for the insurer primarily would contend that the accident in question had occurred due to equal negligence of the rider of the motorcycle in which deceased was - 6 - HC-KAR NC: 2026:KHC:33752 MFA No. 3735 of 2021 C/W MFA No. 872 of 2021 traveling as pillion rider. By placing reliance on the driving licence which was produced along with IA which was also produced before the Tribunal in Review Petition, he would contend that the driver of the offending lorry has no driving licence to drive the heavy goods vehicle as on the date of accident. As such, saddling of liability on the insurer is untenable and the Tribunal ought to have exonerated the insurer. He would also contend that the amount awarded under all the heads is exorbitant. Accordingly, he prays to allow the appeal of the insurer. 6. Per contra, learned counsel for the claimants would contend that deduction of 50% of the compensation awarded to the death of pillion rider because of the negligence of the rider of the motorcycle is untenable. Even otherwise, the FIR, complaint and the charge sheet material including the spot sketch clearly reveal that the driver of the lorry stationed the lorry in the middle of the road without any indicator or reflector for having stationed the vehicle and as such, due to the negligence of the driver of the lorry alone, the accident had occurred. He would also contend that the amount awarded by - 7 - HC-KAR NC: 2026:KHC:33752 MFA No. 3735 of 2021 C/W MFA No. 872 of 2021 the Tribunal under all the heads is meager and the same requires to be enhanced. Learned counsel would further contend that if this Court comes to the conclusion that the driver of the lorry had not possessed valid driving licence to drive heavy goods vehicle, then as per the judgment of the Hon'ble Apex Court in the case of Mukund Devgan, this Court may direct the insurer to satisfy the compensation and thereafter recover the same from the owner of the offending vehicle. Accordingly, he prays to allow the appeal of the claimants. 7. It is not in dispute that as a result of the motor vehicle accident which occurred on 07.07.2018, Harshendra, a 21 year old died. The coverage of policy to the offending vehicle is also not in dispute. 8. As could be gathered from records particularly investigation papers, the offending lorry was stationed in the middle of the road without any indicator or reflectors for having stationed the vehicle in the middle of the road. This aspect has been corroborated by the evidence of eyewitness - PW.2 who deposed to the said effect. Even otherwise, the chargesheet - 8 - HC-KAR NC: 2026:KHC:33752 MFA No. 3735 of 2021 C/W MFA No. 872 of 2021 also reveals that the lorry was stationed in the middle of the road without any indicator or reflector. Further, the insurer has also failed to examine the driver of the lorry. In such circumstances, I am of the considered view that attribution of negligence at 50% on the rider of the motorcycle by the Tribunal is untenable and the finding the said effect is set aside. 9. As per the document produced by the insurer, it is seen that the driver of the vehicle had possessed driving licence, however, had not possessed licence to drive the heavy goods vehicle as on the date of accident. As such, in view of the decision of the Apex Court in the case of MUKUND DEVGAN VS. ORIENTAL INSURANCE COMPANY LIMITED – AIR 2017 SC 3668, in the instant case, the insurer would become liable since the driver of the offending lorry did possess a light motor vehicle licence. I, therefore, hold the insurance company liable to pay the compensation and thereafter, recover the same from the owner of the offending lorry. 10. The Tribunal, on assessment of evidence adduced before it, has awarded the following sums as compensation: - 9 - HC-KAR NC: 2026:KHC:33752 MFA No. 3735 of 2021 C/W MFA No. 872 of 2021 Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 19,05,000 2. Loss of Consortium 40,000 3. Funeral expenses 15,000 4. Loss of estate 15,000 5. Loss of love and affection 1,00,000 Total 20,75,000 11. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income at Rs.12,600/- based on the documents Exs.P8 and 9. As such, I am of the opinion that the amount awarded towards loss of dependency is just and proper. 12. The Tribunal has not awarded loss of consortium to all the claimants i.e., As such, the claimants being parents, brother and grandmother, are entitled for loss of consortium at Rs.48,400/- each, in all, Rs.1,93,600/-, The claimants would also be entitled for Rs.36,300/- under conventional head. 13. Thus, the claimants, in modification of the impugned award, would be entitled to the following sums: - 10 - HC-KAR NC: 2026:KHC:33752 MFA No. 3735 of 2021 C/W MFA No. 872 of 2021 Sl. No. Particulars Amount (In Rs.) 1. Loss of Dependency 19,05,000 2. Loss of Consortium 1,93,600 3. Conventional Heads 36,300 Total 21,34,900 14. Thus, the claimant would be entitled for compensation of Rs.21,34,900/- as against Rs.20,75,000/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 15. The Insurance Company is directed to deposit the entire amount of compensation awarded within a period of six weeks from the date of receipt of a certified copy of this judgment and thereafter, shall recover the same from the owner of the offending vehicle. 16. The amount in deposit shall be transferred to the concerned Tribunal. 17. The apportionment of compensation amount shall be in terms of the award of the Tribunal. - 11 - HC-KAR NC: 2026:KHC:33752 MFA No. 3735 of 2021 C/W MFA No. 872 of 2021 The appeal of the claimants is accordingly allowed in part, whereas, the appeal of the insurer is dismissed. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 70