- 1 - HC-KAR NC: 2026:KHC:6528 MFA No. 1082 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1082 OF 2014 (MV-D) BETWEEN: THE LEGAL MANAGER ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED "SUNDARAM TOWERS" NO.45 & 46, WHITES ROAD CHENNAI - 600 014 NOW AT ROYAL SUNDARAM ALLIANCE COMPANY LTD SUBRAMANIAM BUILDING II FLOOR NO.1, CLUB HOUSE ROAD, ANNASASALAI CHENNAI - 600 002 BY ITS MANAGER …APPELLANT (BY SRI. O. MAHESH, ADVOCATE) AND: 1. SMT. ASHA @ KALAVATHI AGED ABOUT 29 YEARS W/O LATE R. MANJU ® Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6528 MFA No. 1082 of 2014 2. KUM KAVANA AGED 10 YEARS S/O LATE R MANJU 3. SHASHIDHAR AGED 8 YEARS S/O LATE R MANJU 4. SMT. ERAMMA AGED 53 YEARS W/O RAMESH RESPONDENTS NO.2 AND 3 ARE MIONRS REPRESENTED BY MINOR GUARDIAN RESPONDENT NO.1 ALL ARE RESIDENTS OF NO.145, SOG COLONY 'B' BLOCK, SEREE RAM NAGARA DAVANAGERE DISTRICT AND TALUK - 577 002 5. S SELVA SUNDARAM MAJOR S/O C SHANMUGAM NO. 2/4 F-1, CHINNIYAMPALYAM, MONAKURTI MUTHUGONDAMPALYAM - 638 104 ERODA, TAMILNADU (STATE) …RESPONDENTS (BY SRI. D.P. MAHESH, ADVOCATE FOR R1 TO R4 (ABSENT) VIDE ORDER DATED 15.12.2015, R5 S. SELVA SUNDARAM HELD SUFFICIENT) - 3 - HC-KAR NC: 2026:KHC:6528 MFA No. 1082 of 2014 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.10.2013 PASSED IN MVC NO.629/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT-4, DAVANGERE, AWARDING A COMPENSATION OF RS.4,94,000/- WITH INTEREST @ 6% P.A. FROM 27.9.2012 TILL THE DATE OF REALIZATIION IN FULL FORM. THIS APPEAL, COMING ON FOR 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 appellant – insurance company against the judgment and award dated 10.10.2013, passed in MVC No.629/2011 by the Principal Senior Civil Judge And Motor Accident Claims Tribunal at Davangere (for short 'Tribunal'). 2. For the sake of convenience, the parties are referred to as per their ranks before the Tribunal. - 4 - HC-KAR NC: 2026:KHC:6528 MFA No. 1082 of 2014 3. The learned counsel for the appellant is present. Counsel for the respondent is absent. Heard the arguments of the learned counsel for the appellant. 4. One R.Manju met with an accident on 31.05.2006 and died. The legal heirs of the deceased i.e., wife, children and mother filed claim petition claiming compensation of Rs.12,00,000/. The Tribunal considering the entire evidence on record granted an amount of Rs.4,94,000/- with interest rate of 6% per annum from date of petition till realisation. 5. Aggrieved by the said award, the insurance company preferred appeal and mainly contented that initially, the claimants filed the claim petition under Workman Compensation Act in W.C.No.58 of 2007 and obtained an order on 15.10.2008, against insured and insurer of the transport vehicle bearing registration number KA-17-A-1967, in which the deceased was claimed - 5 - HC-KAR NC: 2026:KHC:6528 MFA No. 1082 of 2014 to be travelling as a cleaner and his death was during the course of employment. 6. The learned counsel for the appellant further stated that once the claimants have exercised their option and filed claim petition before the Commissioner of Workmen's Compensation under the Workmen's Compensation Act, they are precluded from making another claim before other Forum for the same cause of action and the petition is bad for non-joiner of necessary parties, i.e., owner and insurer of the transport vehicle bearing No.KA-17A-1967. But the Tribunal held it is maintainable under Section-166 of the MV Act, as the award of the Commissioner was not satisfied by owner/insured of the lorry No.KA-17A-1967. 7. MFA No.2709 of 2009 filed by insurer of the lorry No. KA-17A-1967 / respondent No.1. It is further stated that the order of the Tribunal in W.C.No. 58 of 2007 became executable order against owner and employer of - 6 - HC-KAR NC: 2026:KHC:6528 MFA No. 1082 of 2014 the deceased even after disposal of the MFA No.2709 of 2009. But they filed another claim petition against the insurer of the lorry bearing No.TN-33-AE-2417, which is barred by law and thus requested the Court to set aside the award of the Tribunal dated 10.10.2013. 8. A perusal of the award of the Tribunal shows that it was brought to the notice of the Tribunal regarding filing of the claim petition under the WC Act by the claimants, even prior to the filing of petition under MV Act. But the Tribunal observed that the insurer of the lorry preferred an appeal before the High Court in MFA No. 2709 of 2009, against the award passed under Workmen's Compensation Act and the High Court allowed the appeal, set-aside the judgment, in so far as liability fastened on the insurance company. But the petitioners have not paid any compensation under Workmen's Compensation Act as such, the filing of another petition by the claimants under Section-166 of the MV Act is maintainable and the policy was in force and accordingly directed that all the - 7 - HC-KAR NC: 2026:KHC:6528 MFA No. 1082 of 2014 respondents are jointly and severally liable to pay the compensation. 9. In fact, if any injured met with an accident, it is for him to file claim petition either under the Workman Compensation Act or before Motor Vehicles Act. When once he exercised his option under Workman Compensation Act and obtained an award in W.C.No.58 of 2007 dated 15.10.2008, it becomes an executable order against the owner and employer of the deceased. But the appeal is preferred by the insurer of the lorry bearing No.KA-17A-1967 in MFA No.2709 of 2009 and the High Court has set aside the judgment so far as the liability fastened on the insurance company. 10. The manner of accident as per the record is while R. Manju was travelling in a lorry bearing No. KA- 17A-1967 as a cleaner at about 04.30 p.m., when the said lorry was proceeding near Kamadod another lorry bearing registration No.TN-33-AE-2417, came in a rash and - 8 - HC-KAR NC: 2026:KHC:6528 MFA No. 1082 of 2014 negligent manner and dashed the lorry in which Manju was travelling. So charge sheet is filed against the lorry bearing registration No.TN-33-AE-2417. But the appeal was preferred against the award in MFA No.2709 of 2009, by the insurer of the lorry bearing No.KA-17A-1967 in which it was held that the liability fastened on the insurance company is not justified. Already award was passed in W.C.No.58 of 2007 on 15.10.2008 and it is an executable order and it became final. Therefore, the claimants are at liberty to execute the said order and they filed another M.V.C. No.629 of 2011 subsequent to the filing of W.C.No.58 of 2007. Therefore, the filing of MVC itself is not maintainable and is liable to be set-aside. The parties are at liberty to execute the award in W.C.No. 58 of 2007 before the Concerned Forum. 11. In the result, the appeal is allowed setting-aside the impugned award of the Tribunal. The appellant is entitled for refund of the amount already deposited before - 9 - HC-KAR NC: 2026:KHC:6528 MFA No. 1082 of 2014 this Court and it is to be transferred to the concerned MACT. Sd/- (P SREE SUDHA) JUDGE JJ List No.: 1 Sl No.: 71