- 1 - HC-KAR CNR: KAHC010499982014 NC: 2026:KHC:45685 MFA No. 1260 of 2014 C/W MFA No. 1258 of 2014 MFA No. 1259 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1260 OF 2014 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 1258 OF 2014 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 1259 OF 2014 (MV-I) IN MFA No. 1260/2014: BETWEEN: M/S. ORIENTAL INSURANCE COMPANY LIMITED 1001/56, 2ND FLOOR JAYALAKSHMI MANSION DR RAJKUMAR ROAD 4TH BLOCK, RAJAJINAGAR, BANGALORE NOW REP BY ITS REGIONAL OFFICE D NO.44/45, LEO SHOPPING COMPELX, RESIDENCY ROAD BANGALORE-560 025 REP. BY IT’S AUTHORIZED SIGNATORY …APPELLANT (BY SRI. A M VENKATESH., ADVOCATE) AND: 1. SMT. PRIYA W/O PRAVEEN P AGED ABOUT 28 YEAR R/AT NO.39 8TH MAIN ROAD, 5TH CROSS, HOYSALANAGARA T C PALYAM MAIN ROAD Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010499982014 NC: 2026:KHC:45685 MFA No. 1260 of 2014 C/W MFA No. 1258 of 2014 MFA No. 1259 of 2014 RAMAMURTHYNAGARA BANGALORE-560 016. 2. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION KENGAL HANUMANTHAIAH (DOUBLE) ROAD SHATHINAGAR BANGALORE-560 027. …RESPONDENTS (BY SRI. SUMANGALA A SWAMY., ADVOCATE FOR R2, SRI. N.S. BHAT, ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.09.2013 PASSED IN MVC NO. 7009/2011 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE & MEMBER MACT, BANGALORE, AWARDING COMPENSATION OF RS.2,17,000/- WITH INTERESTS @ 8% P.A FROM THE DATE OF PETITION TILL THE REALIZATION. IN MFA NO. 1258/2014: BETWEEN: M/S. ORIENTAL INSURANCE COMPANY LIMITED 1001/56, 2ND FLOOR JAYALAKSHMI MANSION DR. RAJKUMAR ROAD 4TH BLOCK, RAJAJINAGAR, BANGALORE NOW REP BY ITS REGIONAL OFFICE D NO.44/45, LEO SHOPPING COMPELX, RESIDENCY ROAD BANGALORE-560 025 REP. BY IT’S AUTHORIZED SIGNATORY ...APPELLANT (BY SRI. A M VENKATESH., ADVOCATE) AND: 1. SRI PRAVEEN P S/O PARAMESHWARA - 3 - HC-KAR CNR: KAHC010499982014 NC: 2026:KHC:45685 MFA No. 1260 of 2014 C/W MFA No. 1258 of 2014 MFA No. 1259 of 2014 AGED ABOUT 33 YEARS R/AT NO. 39, 8TH MAIN ROAD 5TH CROSS, HOYSALANAGARA T C PALYAM MAIN ROAD RAMAMURTHYNAGARA BANGALORE-560 016. 2. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION KENGAL HANUMANTHAIAH (DOUBLE) ROAD SHANTHINAGAR BANGALORE-560 027. ...RESPONDENTS (BY SRI. SUMANGALA A SWAMY., ADVOCATE FOR R2, SRI. N.S. BHAT, ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.09.2013 PASSED IN MVC NO.7008/2011 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSE JUDGE & MEMBER MACT, BANGALORE, AWARDING COMPENSATION OF RS.40,000/- WITH INTEREST @ 8% P.A FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 1259/2014: BETWEEN: M/S. ORIENTAL INSURANCE COMPANY LIMITED 1001/56, 2ND FLOOR JAYALAKSHMI MANSION DR RAJKUMAR ROAD 4TH BLOCK, RAJAJINAGAR BANGALORE NOW REP. BY ITS REGIONAL OFFICE D NO.44/45, LEO SHOPPING COMPELX, RESIDENCY ROAD BANGALORE-560 025 REP. BY ITS AUTHORIZED SIGNATORY ...APPELLANT - 4 - HC-KAR CNR: KAHC010499982014 NC: 2026:KHC:45685 MFA No. 1260 of 2014 C/W MFA No. 1258 of 2014 MFA No. 1259 of 2014 (BY SRI. A M VENKATESH., ADVOCATE) AND: 1. SMT JAYALAKSHMI W/O PARAMESHWARA AGED ABOUT 51 YEARS R/AT NO. 39, 8TH MAIN ROAD 5TH CROSS, HOYSALANAGARA T C PALYAM MAIN ROAD RAMAMURTHYNAGARA BANGALORE-560 016. 2. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION KENGAL HANUMANTHAIAH (DOUBLE) ROAD, SHANTHINAGAR BANGALORE-560 027. ...RESPONDENTS (BY SRI. SUMANGALA A SWAMY., ADVOCATE FOR R2, SRI. N.S. BHAT, ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:7.9.2013 PASSED IN MVC NO.7007/2011 ON THE FILE OF THE 13TH ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUES, MEMBER, MACT, BANGALORE, AWARDING A COMPENSATION OF RS.60,000/- WITH INTEREST @ 8% P.A FROM THE DATE OF PETITION TILL THE REALIZATION. THESE APPEALS HAVING BEEN HEARD AND RESERVED ON 05.08.2026 COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, P SREE SUDHA J., DELIVERED THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 5 - HC-KAR CNR: KAHC010499982014 NC: 2026:KHC:45685 MFA No. 1260 of 2014 C/W MFA No. 1258 of 2014 MFA No. 1259 of 2014 CAV JUDGMENT The Motor Accident Claims Tribunal, Court of Small Causes at Bangalore, has passed a common judgment and award dated 07.09.2013 in M.V.C. Nos.7006 to 7009 of 2011. 2. M.F.A. No.1260 of 2014 is filed by the Oriental Insurance Company Ltd. against the award of the Tribunal in M.V.C. No.7009 of 2011. Injured claimant met with an accident on 25.12.2010. and filed claim petition claiming compensation of Rs.10,00,000/-. The Tribunal, considering the entire evidence on the ground, granted an amount of Rs.2,17,000/- with interest at the rate of 8% per annum from date of petition till realisation and directed the appellant- insurance company (respondent No.2 before the Tribunal) to deposit the amount with interest. 3. Aggrieved by the said order, this appeal is preferred by the insurance company mainly contending that on 25.12.2010, while one Nithin was driving car bearing No.KA-04 MF-3770, along with several other persons, on NH-48 and reached near Agachahalli gate, at that time, a KSRTC bus - 6 - HC-KAR CNR: KAHC010499982014 NC: 2026:KHC:45685 MFA No. 1260 of 2014 C/W MFA No. 1258 of 2014 MFA No. 1259 of 2014 bearing No.KA-13 F-1693 came in a rash and negligent manner and dashed the car. As a result, the petitioner along with other inmates suffered severe injuries. Driver of the car also died on the spot. 4. It is stated that petitioner was working in Karnataka Bank, Bangalore and earning Rs.23,000/- per month. In their written statement, the insurance company contended that the accident occurred only due to the negligence of the driver of the car. He himself came in a rash and negligent manner and dashed to the front portion of the KSRTC bus. Though there was a lot of space to his left side, he came to the right side of the KSRTC bus and hit to front portion. As such, the driver of the car alone is responsible for the accident. Even otherwise, Tribunal has to consider the contributory negligence on the part of drivers of both the vehicles. It is further stated that the claim petition is bad for non-joinder of necessary and proper parties as owner and insurer of the car are not made as parties. The compensation granted by the Tribunal is on the higher side. They examined RW1 driver of the bus. He stated that while he was proceeding from Bangalore to Hassan, a lorry was under - 7 - HC-KAR CNR: KAHC010499982014 NC: 2026:KHC:45685 MFA No. 1260 of 2014 C/W MFA No. 1258 of 2014 MFA No. 1259 of 2014 repair and was parked on the left side of the road as its left wheel was punctured. He took turn to the right to pass through the same. On seeing the car coming from opposite direction in a rash and negligent manner, he put the bus to the extreme left side of the road. In fact, he stopped the bus. But, the car came to the extreme right side and dashed to the right front portion of the bus. IMV report indicates that the bumper and front headlight of the bus was damaged. The car was about 18 feet left to its left side. But still it came to the extreme right side and dashed the bus. It is stated that the Tribunal has not considered this evidence, but relied upon FIR and charge sheet and fixed the entire negligence on the driver of the bus. It is further stated that the compensation granted by the Tribunal is excessive and the interest granted was without any basis. Therefore, requested to set aside the order of the Tribunal. 5. In M.F.A. No.1258 of 2014, with the same averments, this appeal is filed against the award of the Tribunal in M.V.C. No.7008 of 2011, wherein it is stated that injured claimant met with an accident and filed claim petition claiming compensation - 8 - HC-KAR CNR: KAHC010499982014 NC: 2026:KHC:45685 MFA No. 1260 of 2014 C/W MFA No. 1258 of 2014 MFA No. 1259 of 2014 of Rs.15,00,000/-. But, the Tribunal, considering the entire evidence on record granted an amount of Rs.40,000/-. 6. M.F.A. No.1259 of 2014 is also filed by the insurance company against the award of the Tribunal in M.V.C. No.7007 of 2011. With the same grounds as such they need not be reiterated. 7. The learned counsel for the appellant has relied upon the judgment of the Division Bench of this Court in M.F.A. No.1257 of 2014 dated 11.12.2015, in which, the Division Bench has considered Exhibit P1 to Exhibit P3 and also the evidence of both sides and held that negligence of the driver of the bus and that of the driver of the Santro car is in the ratio of 75% and 25% respectively. 8. As the cases filed before this Court are also arising out of the same accident, this Court, considering the manner of accident and other relevant facts, finds it reasonable to fix the contributory negligence of the driver of the car as 25% and that of the driver of the KSRTC bus as 75%. - 9 - HC-KAR CNR: KAHC010499982014 NC: 2026:KHC:45685 MFA No. 1260 of 2014 C/W MFA No. 1258 of 2014 MFA No. 1259 of 2014 9. With this modification, M.F.A. No.1260 of 2014, M.F.A. No.1258 of 2014 and M.F.A. No.1259 of 2014 are allowed in part. 10. The amount in deposit is to be transferred to the Tribunal. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 72