- 1 - HC-KAR CNR: KAHC010538302016 NC: 2026:KHC:46564 MFA No. 8191 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8191 OF 2016 (MV-D) BETWEEN: 1. SRI NARASIMHA MURTHY S/O VENKATARAMAIAH SINCE DEAD BY LRS SMT CHENNAMMA W/O LATE NARASIMHA MURTHY AGED ABOUT 63 YEARS 2. SRI NAGENDRA S/O LATE NARASIMHA MURTHY AGED ABOUT 45 YEARS 3. SRI RAGHAVENDRA W/O LATE NARASIMHA MURTHY AGED ABOUT 35 YEARS ALL ARE R/O CHINYA VILLAGE HONAKERE HOBLI NAGAMANGALA TALUK MANDYA DISTRICT - 571 448 …APPELLANTS (BY SRI. VIJAYA KRISHNA BHAT M.,ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010538302016 NC: 2026:KHC:46564 MFA No. 8191 of 2016 AND: 1. SMT SHIVALILNGAMMA W/O LATE P SHIVASWAMY AGED ABOUT 46 YEARS 2. SHILPA S D/O LATE SHIVASWAMY P AGED ABOUT 26 YEARS 3. S KALPANA D/O LATE SHIVASWAMY P AGED ABOUT 24 YEARS 4. SMT MAHADEVAMMA (DEAD) W/O LATE PUTTAMADAIAH RESPONDENTS NO.1 TO 4 ARE R/AT SOUDHENAHALLI VILLAGE DUDHA HOBLI MANDYA TALUK AND DISTRICT - 571 405 5. SMT JAYANTHI W/O LATE B T MANJU AGED ABOUT 43 YEARS 6. MS. ESHASWINI D/O LATE B T MANJU AGED ABOUT 26 YEARS 7. MS ROSHINI D/O LATE B T MANJU AGED ABOUT 21 YEARS - 3 - HC-KAR CNR: KAHC010538302016 NC: 2026:KHC:46564 MFA No. 8191 of 2016 8. MS PRIYADARSHINI D/O LATE B T MANJU AGED ABOUT 12 YEARS NO.8 IS MINOR REPRESENTED BY HER MOTHER NATURAL GUARDIAN NEXT FRIEND SMT JAYANTHI RESPONDENTS NO.5 TO 8 ARE R/AT BEVAKALLU VILLAGE DUDDA HOBLI MANDYA TALUK AND DISTRICT - 571 405 9. THE NEW INDIA ASSURANCE CO. LTD., NO.1200, II CROSS ASHOKNAGAR MANDYA - 571 401 REPRESENTED BY ITS MANAGER …RESPONDENTS (BY SRI. VISWANATH SABARAD, ADVOCATE FOR R1 TO R3 SRI. C.S. KANATHARAJU, ADVOCATE FOR R5 TO R8 SRI. C.R. RAVISHANKAR, ADVOCATE FOR R9 VIDE ORDER DATED 17.04.2025, R1 TO R3 ARE LR'S OF DECEASED R4) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2016 PASSED IN MVC NO.715/2008 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT, MANDYA, AWARDING COMPENSATION OF RS.7,55,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALISATION. - 4 - HC-KAR CNR: KAHC010538302016 NC: 2026:KHC:46564 MFA No. 8191 of 2016 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the legal representatives of owner of vehicle under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 01.07.2016 passed in MVC.No.715/2008 on the file of the learned Principal Senior Civil Judge and MACT, Mandya, seeking to set aside the order. 2. Heard the arguments of learned counsel for the appellants and learned counsel for respondents. The ranks of the parties are retained as per the Tribunal for the sake of convenience. 3. One P. Shivaswamy, has met with accident on 13.10.2008 and died subsequently. His wife and children filed the claim petition claiming compensation of Rs.7,55,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.7,55,000/- together with interest at the rate of 6% per annum from date of petition till realisation. It was held - 5 - HC-KAR CNR: KAHC010538302016 NC: 2026:KHC:46564 MFA No. 8191 of 2016 that legal representatives of respondent No.1 are directed to deposit the amount within three moths. Aggrieved by the said order, legal representatives of the owner of the vehicle filed this appeal and they mainly contended that the driver of the tractor was negligent. P. Shivaswamy, was sitting next to the driver of the tractor by taking the risk and as the tractor was travel on village road there was humps and bumps as such he fell down from the tractor, but the Tribunal held that the driver of the tractor was rash and negligent. The speed of the tractor cannot be driven more than 30 to 40 kilometers in a village road, while towing the bus the speed of the tractor will get reduced even further. Therefore, it cannot be said that there is rash and negligence of the driver of the tractor. The principle of 'res-ipsa loquitor' is applicable to the facts of this case. The Tribunal has erred in taking the salary of P. Shivaswamy, as Rs.5,000/- per month and deducted only for one fourth towards personal expenses instead of one third and Tribunal granted funeral expenses, consortium and loss of estate on higher side, therefore, requested to set aside the order. - 6 - HC-KAR CNR: KAHC010538302016 NC: 2026:KHC:46564 MFA No. 8191 of 2016 4. The manner of accident shows on 13.10.2008 while P. Shivaswamy, was driving the bus bearing number KA-11/A- 5445 there was mechanical breakdown of the bus and it was stopped at Shivalli Village and on intimation to the owner of the bus, respondent No.2 arranged tractor to tow the bus by connecting these two vehicles by a chain. Thereby, the bus was towed to Mandya with the help of the tractor. P. Shivaswamy was sitting next to the driver of the tractor when the said tractor bearing No.KA-11/2787 was driven in a rash and negligent manner while crossing the big pot hole, Shivaswami fell down from the tractor, the bus which was coming from the back side of the tractor ran over on him. It was driven by another driver at the time of accident. As such the case is registered against both the drivers of tractor and the bus. The insurance company of both the tractor and bus is one and the same and he is shown as R3. But the Tribunal considering the entire evidence on record and arguments of the owner of the vehicle i.e., held that respondent No.1 alone is liable to pay the compensation. As he died his legal representatives were - 7 - HC-KAR CNR: KAHC010538302016 NC: 2026:KHC:46564 MFA No. 8191 of 2016 directed to deposit the amount. As such they preferred this appeal. 5. The manner of accident clearly shows that the accident occurred due to the negligence of both the drivers of the tractor and bus. As both the vehicles are insured with respondent No.3, they are having valid driving licence and also valid policy as on the date of accident. Therefore, this Court finds that it is just and reasonable to fix the liability of both the drivers to an extent of 50% to each of them and the insurance company/respondent No.3 is directed to deposit the amount of compensation i.e,, Rs.7,55,000/- with interest. 6. In the result the following: ORDER i. The appeal is allowed. ii. The judgment and award dated 01.07.2016 passed in MVC.No.715/2008 on the file of the learned Principal Senior Civil Judge and MACT, Mandya, is modified. - 8 - HC-KAR CNR: KAHC010538302016 NC: 2026:KHC:46564 MFA No. 8191 of 2016 iii. Insurance Company/respondent No.3 is directed to deposit the amount of compensation i.e, Rs.7,55,000/- along with the interest at the rate of 6% within one month from the date of this order. iv. On such deposit, wife/petitioner No.1 is alone permitted to withdraw the entire amount along with interest accrued on the same. v. As petitioner Nos.2 and 3 are major children of the deceased they are not entitled for the compensation. vi. Amount in deposit is to be transmitted to the MACT. vii. Registry is directed to send back the records. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 58