- 1 - HC-KAR CNR: KAHC010377102015 NC: 2026:KHC:36269 MFA No. 5746 of 2015 C/W MFA No. 5743 of 2015 MFA No. 5745 of 2015 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5746 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 5743 OF 2015 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 5745 OF 2015 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 5747 OF 2015 (MV-I) IN MFA No. 5746/2015 BETWEEN: NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE, AT NO.30, UNITY BUILDING, II A CROSS, P. KALINGA RAO ROAD, BANGALORE - 560 027 REP. BY NEW INDIA ASS. CO. LTD. M.G. ROAD, BANGALORE. …APPELLANT (BY SRI. R. JAIPRAKASH, ADVOCATE) AND: 1. SRI. KUMAR D S/O DASANNA, MAJOR R/AT NO.11, OPP. DHANALAKSHMI BAR, GADDA RAJANNA, ANDHRA HALLI VISHWANEEDAM POST, BANGALORE - 560 091 CHINTAMANI TALUK. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010377102015 NC: 2026:KHC:36269 MFA No. 5746 of 2015 C/W MFA No. 5743 of 2015 MFA No. 5745 of 2015 AND 1 OTHER 2. SRI. PRASAD SHETTY S/O BALAKRISHNA SETTY AGED ABOUT 29 YEARS NO.5-185, KALYANI NIVAS, KUDUMBUR, BIKAMPADY MANGALORE - 572 101. 3. THE MANAGER SRI. RAM GEN. INSURANCE CO. LTD. OFFICE NO. 302, 3RD FLOOR S.S.CARNET BUILDING, FLAT NO.48, HOSPITAL ROAD, OPP. BOWRING & LADY CRUZON HOSPITAL, SHIVAJINAGAR, BANGALORE - 560 010. 4. KUM. BHUMIKA D/O SRI. HARISH BABU AGED ABOUT 6 YEARS NO.97/7, 7TH MAIN ROAD, 2ND CROSS, HEGGANAHALLI PEENYA II STAGE, VISHWANEEDAM POST BANGALORE NORTH, BANGALORE - 91 SINCE MINOR, REPRESENTED BY HER NATURAL GUARDIAN & FATHER HARISH BABU G. …RESPONDENTS (BY SRI. SATHISHA T, ADVOCATE FOR R4; R4 MINOR REP. BY HER FATHER HARISH BABU G, BUT HE IS NOT A PARY IN THIS APPEAL; VIDE ORDER DATED 12.12.2017, NOTICE TO R1, R2 AND R3 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.4.2015 PASSED IN MVC NO.4006/2013 ON THE FILE OF THE 19TH ADDITIONAL SMALL CAUSES JUDGE, MACT, 41ST ACMM, MACT, BENGALURU, - 3 - HC-KAR CNR: KAHC010377102015 NC: 2026:KHC:36269 MFA No. 5746 of 2015 C/W MFA No. 5743 of 2015 MFA No. 5745 of 2015 AND 1 OTHER AWARDING A COMPENSATION OF RS.10,081/- WITH INTEREST @ 6% P.A FROM THE DTE OF PETITION TILL ITS REALIZATION. IN MFA NO. 5743/2015 BETWEEN: NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE, AT NO.30, UNITY BUILDING, 11TH A CROSS, P. KALINGA RAO ROAD, NEW MISSION ROAD, BANGALORE - 560 027 REP. BY NEW INDIA ASS. CO. LTD., M.G. ROAD, BANGALORE. ...APPELLANT (BY SRI. R. JAIPRAKASH, ADVOCATE) AND: 1. SRI. KUMAR D S/O DASANNA , MAJOR R/AT NO.11, OPP. DHANALAKSHMI BAR, GADDA RAJANNA, ANDHRA HALLI VISHWANEEDAM POST, BANGALORE - 560 091 CHINTAMANI TALUK. 2. SRI. PRASAD SHETTY S/O BALAKRISHNA SETTY AGED ABOUT 29 YEARS NO.5-185, KALYANI NIVASA, KUDUMBUR, BIKAMPADY, MANGALORE - 572 101. 3. SRI. RAM GEN. INSURANCE CO. LTD. S.S. CARNET BUILDING, FLAT NO.48, HOSPITAL ROAD, OPP. BOWRING & LADY CRUZON HOSPITAL, - 4 - HC-KAR CNR: KAHC010377102015 NC: 2026:KHC:36269 MFA No. 5746 of 2015 C/W MFA No. 5743 of 2015 MFA No. 5745 of 2015 AND 1 OTHER SHIVAJINAGAR, BANGALORE - 560 010. 4. SRI. HARISH BABU S/O GANGAPPA AGED ABOUT 36 YEARS NO.97/7, 7TH MAIN ROAD, 2ND CROSS, HEGGANAHALLI PEENYA II STAGE,VISHWANEEDAM POST BANGALORE NORTH BANGALORE - 560 091. ...RESPONDENTS (BY SRI. SATHISHA T, ADVOCATE FOR R4; VIDE ORDER DATED 12.12.2017, NOTICE TO R1, R2 AND R3 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.04.2015 PASSED IN MVC NO.4005/2013 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE, XLI ACMM & MACT, BANGALORE, AWARDING COMPENSATION OF RS.6,70,088/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA NO. 5745/2015 BETWEEN: NEW INDIA ASSURANCE CO. LTD REGIONAL OFFICE, AT NO.30, UNITY BUILDING, II A CROSS, P. KALINGA RAO ROAD, BANGALORE - 560 027 REP. BY NEW INDIA ASS. CO. LTD. M.G. ROAD, BANGALORE. ...APPELLANT - 5 - HC-KAR CNR: KAHC010377102015 NC: 2026:KHC:36269 MFA No. 5746 of 2015 C/W MFA No. 5743 of 2015 MFA No. 5745 of 2015 AND 1 OTHER (BY SRI. R. JAIPRAKASH, ADVOCATE) AND: 1. SRI. KUMAR D S/O DASANNA , MAJOR R/AT NO.11, OPP. DHANALAKSHMI BAR, GADDA RAJANNA, ANDHRA HALLI VISHWANEEDAM POST, BANGALORE - 560 091 CHINTAMANI TALUK. 2. SRI. PRASAD SHETTY S/O BALAKRISHNA SHETTY AGED ABOUT 29 YEARS NO.5-185, KALYANI NIVASA, KUDUMBUR, BIKAMPADY, MANGALORE - 572 101. 3. SRI. RAM GEN. INSURANCE CO. LTD. S.S. CARNET BUILDING, FLAT NO.48, HOSPITAL ROAD, OPP. BOWRING & LADY CRUZON HOSPITAL, SHIVAJINAGAR, BANGALORE - 560 010. 4. SMT. SHALINI, W/O SRI. HARISH BABU AGED ABOUT 24 YEARS NO.97/7, 7TH MAIN ROAD, 2ND CROSS, HEGGANAHALLI, PEENYA II STAGE, VISHWANEEDAM POST, BANGALORE NORTH, BANGALORE - 560 091 ...RESPONDENTS (BY SRI. SATHISHA T, ADVOCATE FOR R4; VIDE ORDER DATED 12.12.2017 NOTICE TO R1 DISPENSED WITH; - 6 - HC-KAR CNR: KAHC010377102015 NC: 2026:KHC:36269 MFA No. 5746 of 2015 C/W MFA No. 5743 of 2015 MFA No. 5745 of 2015 AND 1 OTHER VIDE ORDER DATED 02.02.2017 NOTICE TO R2 AND R3 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.04.2015 PASSED IN MVC NO.4007/2013 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE, XLI ACMM & MACT, BANGALORE, AWARDING COMPENSATION OF RS.17,138/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA NO. 5747/2015 BETWEEN: NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE, AT NO.301, UNITY BUILDING, II A CROSS, P. KALINGA RAO ROAD, BANGALORE - 560 027 REP. BY NEW INDIA ASS. CO. LTD. M.G. ROAD, BANGALORE. ...APPELLANT (BY SRI. R JAIPRAKASH.,ADVOCATE) AND: 1. SRI. KUMAR D S/O DASANNA, MAJOR R/AT NO.11, OPP. DHANALAKSHMI BAR, GADDA RAJANNA, ANDHRA HALLI VISHWANEEDAM POST, BANGALORE - 560 091 CHINTAMANI TALUK. 2. SRI. PRASAD SHETTY S/O BALAKRISHNA SETTY - 7 - HC-KAR CNR: KAHC010377102015 NC: 2026:KHC:36269 MFA No. 5746 of 2015 C/W MFA No. 5743 of 2015 MFA No. 5745 of 2015 AND 1 OTHER AGED ABOUT 29 YEARS NO.5-185, KALYANI NIVAS, KUDUMBUR, BIKAMPADY MANGALORE - 572 101. 3. THE MANAGER SRI. RAM GEN. INSURANCE CO. LTD. OFFICE NO. 302, 3RD FLOOR S.S.CARNET BUILDING, FLAT NO.48, HOSPITAL ROAD, OPP. BOWRING & LADY CRUZON HOSPITAL, SHIVAJINAGAR, BANGALORE - 560 010. 4. SRI. HARISH BABU S/O GANGAPPA AGED ABOUT 38 YEAS NO.97/7, 7TH MAIN ROAD, 2ND CROSS, HEGGANAHALLI, PEENYA II STAGE, VISHWANEEDAM POST, BANGALORE NORTH BANGALORE - 560 091. ...RESPONDENTS (BY SRI. SATHISHA T, ADVOCATE FOR R4; VIDE ORDER DATED 12.12.2017 NOTICE TO R1, R2 AND R3 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.4.2015 PASSED IN MVC NO.3873/2013 ON THE FILE OF THE 19TH ADDITIONAL SMALL CAUSES JUDGE, MACT, 41ST ACMM, MACT, BENGALURU, AWARDING A COMPENSATION OF RS.18,064/- WITH INTEREST @ 6% P.A FROM THE DTE OF PETITION TILL ITS REALIZATION. - 8 - HC-KAR CNR: KAHC010377102015 NC: 2026:KHC:36269 MFA No. 5746 of 2015 C/W MFA No. 5743 of 2015 MFA No. 5745 of 2015 AND 1 OTHER THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT All the matters are to be disposed of in one appeal, as all the appeals are filed against the same order, hence common order is passed in all the appeals. 2. These appeals are filed by the appellant/Insurance Company under Section 173(1) of Motor Vehicles Act, 1988 challenging the common judgment and award dated 23.04.2015 passed in MVC Nos.3873/2013, 4005/2013, 4006/2013 and 4007/2013 on the file of the XIX Additional SCJ, MACT & XLI ACMM, Bengalore. 3. Heard the arguments of learned counsel for the both sides. 4. MFA Nos.5746/2015, 5743/2015, 5745/2015 and 5747/2015 are filed against the award passed in MVC Nos.4006/2013, 4005/2013, 4007/2013 and 3873/2013 respectively and mainly contended that on 15.08.2012 at about - 9 - HC-KAR CNR: KAHC010377102015 NC: 2026:KHC:36269 MFA No. 5746 of 2015 C/W MFA No. 5743 of 2015 MFA No. 5745 of 2015 AND 1 OTHER 12.45 p.m., the driver of the car bearing Reg.No.KA-01-D- 5963, driven the vehicle in a rash and negligent manner and dashed against the tempo. The charge sheet is filed against the driver of the car. But the Insurance Company contended that the driver of the car has no valid driving license. In order to prove the same, Insurance Company produced DL extract of the driver. Ex.R.3 is the DL extract and as per the said document, the driver was authorized to drive NT vehicle. The appellant had also produced RC extract under Ex.R.4, permit under Ex.R.5. As per the document, car is a luxury taxi, a transport vehicle. The documents produced under Exs.R.4 and R.5 establishes that the vehicle involved in the accident is luxury taxi and driver is not authorized to drive the vehicle involved in the accident. But the Tribunal without considering the same fastened the liability on the insurance company and the amount awarded is on the higher side. Therefore, requested to set aside the judgment and award passed by the Tribunal. 5. Learned counsel for the respondents relied upon the decision of Hon'ble Supreme Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Limited and - 10 - HC-KAR CNR: KAHC010377102015 NC: 2026:KHC:36269 MFA No. 5746 of 2015 C/W MFA No. 5743 of 2015 MFA No. 5745 of 2015 AND 1 OTHER Others1 and unladen weight of the vehicle is below 7500 Kg. Therefore, the Insurance Company is liable to pay the compensation. In the result, all the appeals filed by the Insurance Company are dismissed confirming the order of the Tribunal. Insurance Company has deposited only 50% of the compensation amount and it is directed to deposit the balance amount with interest within one month from the date of receipt of copy of this order. On such deposit, the claimants are permitted to withdraw the entire amount along with interest accrued on it. The amount already in deposit is to be transferred to the MACT. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 12 1 (2016) 4 SCC 298