- 1 - HC-KAR CNR: KAHC010457832015 NC: 2026:KHC:52393 MFA No. 8614 of 2015 C/W MFA No. 8613 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO.8614 OF 2015(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.8613 OF 2015(MV-D) IN MFA No. 8614/2015 BETWEEN: SRI N MANJUNATH S/O NAGARAJ AGED ABOUT 26 YEARS, R/AT NO.51/B, II CROSS, HOSAPALYA, BOMMANAHALLI BANGALORE. …APPELLANT (BY SRI N S BHAT, ADVOCATE) AND: 1. CHELUVARAJU S/O LATE SINGRI GOWDA, MAJOR, 2. CHANDRE GOWDA S/O LATE SINGRI GOWDA, MAJOR, R2 DIED AND OTHER LRs ARE ALREADY ON RECORD R1 & R3 TREATED AS LRs OF R2 3. MANJEGOWDA S/O LATE SINGRIGOWDA MAJOR, ALL ARE R/AT BEECHENAHALLI VILLAGE, Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010457832015 NC: 2026:KHC:52393 MFA No. 8614 of 2015 C/W MFA No. 8613 of 2015 PURA, BENAKANAKERE POST, THURUVEKERE TALUK, TUMKUR DISTRICT. (R.C OWNER OF TRACTOR AND TRAILER BEARING REGISTRATION NO.KA-06-T-8223-8224). 4. THE REGIONAL MANAGER THE NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, SUBHARAM COMPELX, 1ST FLOOR, M G ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI K SUNDARARAM, ADVOCATE FOR R1; V/O DATED 11.10.2017 NOTICE TO R3 IS D/W; V/O/D 17.10.2017 R1 & R3 ARE TREATED AS LRs OF R2; SRI A.N.KRISHNASWAMY, ADVOCATE FOR R4) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.04.2015 PASSED IN MVC NO.7417/2011 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE & XXXIII ACMM & MEMBER, MACT (SCCH-5), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 8613/2015 BETWEEN: SRI N MANJUNATH S/O NAGARAJ, AGED ABOUT 26 YEARS R/AT NO.51/B, II CROSS, HOSAPALYA, BOMMANAHALLI, - 3 - HC-KAR CNR: KAHC010457832015 NC: 2026:KHC:52393 MFA No. 8614 of 2015 C/W MFA No. 8613 of 2015 BANGALORE. ...APPELLANT (BY SRI N S BHAT, ADVOCATE) AND: 1. CHELUVARAJU S/O LATE SINGRIGOWDA, MAJOR, 2. CHANDRE GOWDA S/O LATE SINGRI GOWDA, MAJOR, DIED, R1 & R3 IS TREATED AS LR OF R2 3. MANJEGOWDA S/O LATE SINGRI GOWDA, MAJOR, ALL ARE RESIDING AT BEECHENAHALLI VILLAGE, PURA, BENAKANAKERE POST, THURUVEKERE TALUK, TUMKUR DISTRICT. (R.C OWNER OF TRACTOR AND TRAILER BEARING REGISTRATION NO.KA-96-T-8223-8224). 4. THE REGIONAL MANAGER THE NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, SHUBHARAM COMPLEX, I FLOOR, M G ROAD, BANGALORE - 560 001. ...RESPONDENTS - 4 - HC-KAR CNR: KAHC010457832015 NC: 2026:KHC:52393 MFA No. 8614 of 2015 C/W MFA No. 8613 of 2015 [BY SRI K SUNDARAM, ADVOCATE FOR R1; V/O DATED 17.10.2017 NOTICE TO R3 IS D/W; V/O/D 17.10.2017 R1 & R3 ARE TREATED AS LRs OF R2; SRI A.N.KRISHANA SWAMY, ADVOCATE FOR R4] THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.04.2015 PASSED IN MVC NO.7416/2011 ON THE FILE OF VIII ADDITIONAL SMALL CAUSES JUDGE & XXXIII ACMM, MEMBER-MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging common judgment and award dated 30.04.2015 passed by VIII Additional Small Causes Judge & XXXIII ACMM & Member, MACT (SCCH-5), Bengaluru ('Tribunal') in MVC no.7417/2011 and MVC no.7416/2011, these appeals are filed. 2. Sri N.S. Bhat, learned counsel for appellants submitted that appeals were by claimant challenging finding of Tribunal on negligence as well as for enhancement. However, - 5 - HC-KAR CNR: KAHC010457832015 NC: 2026:KHC:52393 MFA No. 8614 of 2015 C/W MFA No. 8613 of 2015 learned counsel submitted that only appeal against MVC no.7416/2011 filed under Section 163-A of Motor Vehicles Act, 1988 ('MV Act') would be pressed and MVC no.7417/2011 filed against award under Section 166 of MV Act, would not be pressed. 3. Brief facts leading to this appeal as stated are that at 7:30 p.m. on 12.05.2011, when claimant was riding motorcycle no.KA-51/V-8546 with his wife as pillion rider on Bangalore-Mangalore road, a tractor-trailer no.KA-06/T-8223 and 8224 was parked in middle of road without parking lights. Therefore, accident caused due to negligence of driver of tractor-trailer. It was submitted that in accident, pillion rider sustained grievous injuries and despite treatment at AC Giri Hospital at BG Nagara and NIMHANS, she succumbed to injuries. Even rider also sustained grievous injuries and despite treatment, he did not recover fully and sustained loss of earning capacity. Therefore, claim petitions in MVC no.7416/2011 and MVC no.7417/2011 were filed against owner and insurer of tractor-trailer. - 6 - HC-KAR CNR: KAHC010457832015 NC: 2026:KHC:52393 MFA No. 8614 of 2015 C/W MFA No. 8613 of 2015 4. On contest wherein claim petitions were opposed on all grounds. Tribunal framed issues and recorded evidence. Claimant examined himself and three others as PWs.1 to 4 and got marked Exs.P1 to P26. In rebuttal, respondents examined two witness as RWs.1 and 2 and got marked Exs.R1 and R2. 5. On consideration, Tribunal held accident occurred due to joint negligence of rider of motorcycle as well as tractor- trailer, apportioned negligence against motorcycle rider to extent of 75% and 25% against driver of tractor-trailer and held insurer liable to pay 25% of award amount to claimant. It accordingly assessed total compensation of Rs.4,84,700/- in MVC no.7416/2011 and held insurer liable to pay Rs.1,21,200/- to claimant and in MVC no.7417/2011, it assessed total compensation of Rs.4,05,000/- but held insurer liable to pay Rs.1,01,300/- with interest at 8% per annum from date of petitions till its deposit. 6. As noted above, MFA no.8614/2015 against MVC no.7417/2011 - personal injury claim is not pressed. - 7 - HC-KAR CNR: KAHC010457832015 NC: 2026:KHC:52393 MFA No. 8614 of 2015 C/W MFA No. 8613 of 2015 7. Insofar as MFA no.8613/2015, it was submitted that claim petition was filed under Section 163-A of MV Act and Tribunal held that accident was on account of joint negligence of rider of motorcycle and driver of tractor-trailer. 8. Hon'ble Supreme Court has time and again held that in case of accident involving joint negligence, claimant would be entitled to pursue entire claim against either of joint tortfeasors. Besides Hon'ble Supreme Court in United India Insurance Co., Ltd. v. Sunil Kumar, reported in (2019) 12 SCC 398 has held in a claim petition under Section 163-A of MV Act, finding on negligence would have no place. Therefore, finding of Tribunal on liability would not be justified and sought for allowing appeal. 9. On other hand, Sri A.N. Krishna Swamy, learned counsel for respondent no.4 - insurer submitted that this was a peculiar case of claims on contradictory stand on negligence by very same claimant in two claims, one for his personal injury claim and another claim on account of death of his wife. Tribunal on consideration of material on record insofar as held - 8 - HC-KAR CNR: KAHC010457832015 NC: 2026:KHC:52393 MFA No. 8614 of 2015 C/W MFA No. 8613 of 2015 rider of motorcycle contributed to accident to extent of 75% and therefore, restricted liability of insurer to 25%, same did not call for variation. 10. Heard learned counsel, perused impugned judgment, award and record. 11. From above since only challenge by claimant is on finding about apportionment of negligence, point that would arises for consideration is: "Whether Tribunal in a claim petition under Section 163-A of MV Act was justified in giving finding on negligence, restricting compensation by giving finding on negligence?" 12. Same is answered in favour of claimant in view of authoritative pronouncement of Hon'ble Supreme Court in Shivaji v. United India Insurance Co., Ltd., reported in (2019) 12 SCC 395 . 13. However at same time, since this claim petition under Section 163-A of MV Act and rate of interest stipulated in - 9 - HC-KAR CNR: KAHC010457832015 NC: 2026:KHC:52393 MFA No. 8614 of 2015 C/W MFA No. 8613 of 2015 Schedule-II of MV Act at 6% has to be applied. Hence, following: ORDER (a) MFA no.8613/2015 is allowed; judgment and award dated 30.04.2015 passed by Tribunal in MVC no.7416/2011 is modified. (b) Claimant is held entitled for entire compensation assessed by Tribunal at Rs.4,84,700/- with interest at 6% from insurer. (c) Respondent no.4 - Insurer is directed to deposit same within Six weeks. (d) On deposit, entire compensation with interest is ordered to be released in favour of claimant by electronic means. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 16