- 1 - HC-KAR NC: 2026:KHC:21253 MFA No. 4043 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4043 OF 2025 (MV-D) BETWEEN: THE MANAGER CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD., UNIT NO.4, 9TH FLOOR, (LEVEL-6), GOLDEN HEIGHTS COMPLEX, 59TH 'C' CROSS, 4TH 'M' BLOCK, INDUSTRIAL SUBURB, RAJAJINAGARA, BENGALURU. …APPELLANT (BY SRI. B. PRADEEP, ADVOCATE) AND: 1. SUSHEELA W/O. KUMAR. M., AGED ABOUT 45 YEARS, R/AT KORA VILLAGE, KORA HOBLI, TUMAKURU TALUK. 2. KUMAR. M. S/O. LATE MUDDAVEERIAH, AGED ABOUT 55 YEARS, R/AT KORA VILLAGE, KORA HOBLI, TUMAKURU TALUK. …RESPONDENTS (BY SRI. K. SHANTHA RAJ, ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21253 MFA No. 4043 of 2025 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.05.10.2024 PASSED IN MVC NO.1642/2023 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT, TUMAKURU, AWARDING COMPENSATION OF RS.5,00,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/Insurance Company under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 05.10.2024 passed in MVC No.1642/2023 on the file of the VII Additional District Judge and MACT, Tumakuru. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for the respondents. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The death one Shankara K., met with an accident on 15.08.2023 and died. Subsequently, mother of - 3 - HC-KAR NC: 2026:KHC:21253 MFA No. 4043 of 2025 the deceased filed claim petition claiming compensation of Rs.5,00,000/-. The tribunal considered the entire evidence on the record grated an amount of Rs.5,00,000/- along with interest rate of 6% per annum, from date of petition till its deposit. Aggrieved by the said order, this appeal is filed. 4. Learned counsel for the appellant mainly contended that the deceased Shankara K., was proceeding on his Honda Activa two wheeler bearing registration No.KA-06/HM-1284 on Muddenahalli-Kora road and reached near the pump house of Muddegowda of Kora Hobli, at that time, he rode the same with high speed in a rash and negligent manner and dashed against an electric pole, which was standing on the left side of the road. As a result of the accident, he sustained grievous injuries and fractures to vital parts of his body and died on the spot. 5. It is contended that, the deceased himself was negligent in causing the accident and the police have filed an abated charge sheet against him. Therefore, the claim - 4 - HC-KAR NC: 2026:KHC:21253 MFA No. 4043 of 2025 petition filed by the claimant is not maintainable as the accident occurred due to the deceased’s own negligence. 6. It is further stated that, as per the material evidence available on record, Shankara K., was riding the vehicle and lost control over it, thereby causing the accident. The incident occurred solely due to his own negligence, and the police have filed an abated charge sheet against him. Hence, the claim petition filed by respondent No.1 is not maintainable and is liable to be dismissed. 7. Learned counsel for the appellant relied upon Section 164(2) of the Motor Vehicles Act, 1988, as amended with effect from 01.04.2022, which reads as follows: "(1) Payment of compensation in case of death or grevious hurt, etc. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or grievous hurt due to any accident arising out of the - 5 - HC-KAR NC: 2026:KHC:21253 MFA No. 4043 of 2025 use of motor vehicle, a compensation, of a sum of five lakh rupees in case of death or of two and a half lakh rupees in case of grievous hurt to the legal heirs or the victim, as the case may be. (2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or grievous hurt in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or of the vehicle concerned or of any other person. (3) Where, in respect of death or grievous hurt due to an accident arising out of the use of motor vehicle, compensation has been paid under any other law for the time being in force, such amount of compensation shall be reduced from the amount of compensation payable under this section." 8. Further, learned counsel for the appellant contended that the accident occurred solely due to the negligence of the deceased and there was no other contributing factor. However, as per Section 164 of the Motor Vehicles Act, 1988, the claimant is not required to plead or establish that his death was due to any wrongful act, neglect, or default on the part of the owner of the - 6 - HC-KAR NC: 2026:KHC:21253 MFA No. 4043 of 2025 vehicle. Therefore, the contention of the learned counsel seeking grant of compensation on such grounds cannot be accepted. 9. As per the amendment, relied under Section 164(2) of the Motor Vehicles Act, 1988, the Tribunal has rightly awarded a sum of Rs.5,00,000/- in a case of death along with interest. This Court finds no reason to interfere with the said award. 10. In the result, appeal is dismissed, confirming the award of the Tribunal. 11. The amount in deposit shall be transferred to the concerned Tribunal. Sd/- (P SREE SUDHA) JUDGE AMM List No.: 1 Sl No.: 58