- 1 - HC-KAR NC: 2026:KHC:4189-DB MFA No. 4486 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH MISCELLANEOUS FIRST APPEAL NO. 4486/2020 (MV-I) BETWEEN: 1. THE RELIANCE GENERAL INSURANCE COMPANY LIMITED EAST WING, 5TH FLOOR, NO.28 CENTENARY BUILDING M.G.ROAD, BENGALURU-560001 NOW REPRESENTED BY MANAGER LEGAL …APPELLANT (BY SRI ASHOK N PATIL, ADVOCATE) AND: 1. HARISHA K S S/O SRINIVASA MURTHY AGED ABOUT 26 YEARS R/AT KAREGOWDANAHALLI KASABA HOBLI GUBBI TALUK TUMAKURU DISTRICT-572223 2. PUSHPARAJA T S/O CHIKKATHIMMEGOWDA NO.17, 23RD MAIN ROAD F CROSS, PIPELINE ROAD J C NAGAR BENGALURU-560086 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4189-DB MFA No. 4486 of 2020 3. MUNIRAJU M S/O MOTAPPA NO.93, OPP. RMC CLUSTERS 1ST CROSS DEVINAGAR RMV 2ND STAGE SANJAYANAGAR POST BENGALURU-560094 4. THE MANAGING DIRECTOR KSRTC DOUBLE ROAD SHANTHINAGAR BENGALURU-560 027 …RESPONDENTS (BY SRI R. CHANDRAKUMAR, ADVOCATE FOR R-3; SMT. H.R. RENUKA, ADVOCATE FOR R4; R-1 & R-2 ARE SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.02.2020 PASSED IN MVC NO.4182/2017 ON THE FILE OF THE IX ASCJ, C/C XXII ASCJ, ACMM, MEMBER, MACT, BANGALORE, SCCH-24, AWARDING COMPENSATION OF RS.12,84,836/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION OF ENTIRE AMOUNT. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:4189-DB MFA No. 4486 of 2020 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present appeal has been filed impugning the judgment and award dated 24.02.2020 passed by the IX Additional Small Causes Judge, C/C XXII ASCJ and MACT, Bengaluru (SCCH-24) in MVC No.4182/2017. 2. The appellant-Reliance General Insurance Company Limited is the insurer of the Innova Car bearing Registration No.KA-04-MJ-9262 which was moving on NH.206 and when it reached near Kavalakki, the driver of the car hit the parked Karnataka State Road Transport Corporation (KSRTC) bus bearing Registration No.KA-31-F-1391 from behind. As a result of the impact of the accident, two inmates of the car sustained injuries. An FIR against the driver of the car in Crime No.380/2016 for the offences punishable under Sections 279 and 338 of the Indian Penal Code came to be registered on the complaint given by the KSRTC. One of the inmates of the car - 4 - HC-KAR NC: 2026:KHC:4189-DB MFA No. 4486 of 2020 viz., the petitioner/claimant (the respondent No.1 herein) filed the aforesaid MVC No.4182/2017 seeking compensation for the injuries sustained by him in the accident. 3. The Tribunal, on the basis of the pleadings and the evidence produced by the parties, has framed the following issues for consideration:- "1. Whether the Petitioner proves that, he has sustained grievous injuries in the road traffic accident that occurred on 11.10.2016 at about 8-00 a.m. on N.H.206 road, near Kavalakki Bus Stand, Honnavara, Uttara Kannada, due to the rash and negligent driving of the Car bearing registration No.KA-04-MJ- 9262 by its driver as alleged? 2. Whether the Petitioner is entitled for compensation as claimed? If so, to what amount and from whom? 3. What Order or Award?" 4. The Tribunal held that the accident was the result of rash and negligent driving of the car by its driver and accordingly, awarded compensation of Rs.12,84,836/- considering the injuries sustained by the petitioner/respondent No.1. - 5 - HC-KAR NC: 2026:KHC:4189-DB MFA No. 4486 of 2020 5. The quantum of compensation is not under challenge. What is challenged is the non-apportionment of the liability/negligence between the driver of the car and the driver of the bus. 6. Mr. Ashok N. Patil, learned counsel for the appellant- Insurance Company submits that the bus was not parked at the bus stand, but it was parked on the National Highway. He submits that the bus stand was only 60 meters away from the place where the bus was parked. He further submits that the bus was suddenly halted without any prior signal and therefore, the driver of the bus was also responsible to some extent for the occurrence of the accident. 7. We have considered the submissions. It is not in dispute that the driver of the Innova car had banged the parked KSRTC bus from behind. This would itself show that the driver of the Innova car was driving the car in a rash and negligent manner. The principle of res ipsa loquitur is fully applicable to the facts of the present case. The mere fact that the bus was not parked at - 6 - HC-KAR NC: 2026:KHC:4189-DB MFA No. 4486 of 2020 the bus stand would not negate the fact of rash and negligent driving of the Innova car by its driver. 8. We are, therefore, of the opinion that the accident was the result of the rash and negligent driving of the Innova car by its driver and no liability can be apportioned towards the driver of the bus. We do not find any ground to interfere with the impugned award. The appeal is without any merit and therefore, we dismiss the same, however, without costs. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE BKV List No.: 1 Sl No.: 4.1