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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28^TH DAY OF JUNE, 2021

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

M.F.A.NO.4946/2011 (MV)

BETWEEN:

THE MANAGER,

ORIENTAL INSURANCE CO. LTD.,

NO.618, CHAMARAJA DOUBLE ROAD,

MYSURU-570 024.

NOW REPTD. BY REGIONAL MANAGER,

ORIENTAL INSURANCE CO. LTD.,

REGIONAL OFFICE, NO.44/45,

LEO SHOPPING COMPLEX,

RESIDENCY ROAD,

BENGALURU-560025.

& APPELLANT

(BY SRI A.N. KRISHNA SWAMY, ADVOCATE)

AND:

1.

SMT. L. RADHA,

W/O LATE S.NAGARAJU,

NOW AGED ABOUT 32 YEARS.

2.

SIDDEGOWDA,

S/O LINGE GOWDA,

NOW AGED ABOUT 67 YEARS.

3.

M. SHIVAMADAMMA,

W/O SIDDEGOWDA,

AGED ABOUT 52 YEARS.

4.

PRAJWAL,

S/O S. NAGARAJU,

AGED ABOUT 8 YEARS.

R

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5.

UJWAL,

S/O S. NAGARAJU,

AGED ABOUT 5 YEARS.

RESPONDENT NOS.4 AND 5 HEREIN

SINCE MINORS REPRESENTED BY THEIR

NATURAL GUARDIAN/MOTHER

THE 1^ST RESPONDENT HEREIN.

ALL ARE R/A C/O. RANGE GOWDA,

RETD. DRIVER, MESCOM,

HOTAGALLI VILLAGE, KRS ROAD,

MYSURU TQ & DISTRICT.

6.

DIVAKARA,

S/O THIMMAIAH,

NOW AGED ABOUT 45 YEARS,

EMPLOYED INMESCOM,

HAMPAPURA SECTION,

H.D.KOTE TQ, MYSURU DISTRICT. ... RESPONDENTS

(R-6 3 SERVED;

R-4 AND R-5 ARE MINORS REPRESENTD BY R-1;

VIDE ORDER DATED 24.01.2020 SERVICE OF NOTICE TO

R-1 TO R-3 IS HELD SUFFICIENT)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT

AGAINST THE JUDGMENT AND AWARD DATED 26.06.2010

PASSED IN MVC NO.476/2009 ON THE FILE OF THE PRESIDING

OFFICER, FAST TRACK COURT-II AND MEMBER ADDL. AMACT,

MYSURU, AWARDING A COMPENSATION OF Rs.50,000/- UNDER

NO FAULT LIABILITY WITH COSTS AND INTEREST AT 6% P.A.

FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT OF

THE AWARD AMOUNT.

THIS MFA HAVING BEEN HEARD AND RESERVED FOR

JUDGMENT ON 03.06.2021 THROUGH VIDEO CONFERENCE,

THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

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J U D G M E N T

This appeal is filed by the Insurance Company challenging

the

judgment

and

award

dated

26.06.2010

passed

in

M.V.C.No.476/2009 on the file of the Fast Track Court-II and

Additional MACT, Mysuru (8the Tribunal9 for short) questioning

the awarding of compensation of Rs.50,000/- under no fault

liability.

2.

The parties are referred to as per their original

rankings before the Tribunal to avoid the confusion and for the

convenience of the Court.

3.

The factual matrix of the case is that when the

deceased Nagaraj was coming along with one Ashok in the motor

cycle Hero Honda bearing registration No.KA-09-V-8623, due to

the sudden impact of a pig which ran away from the land, the

deceased fell down and sustained head injuries and inspite of

treatment succumbed to death on 18.05.2005. Hence, the

claimants filed the claim petition under Section 163-A of the

Motor Vehicles Act, 1988 (8MV Act9 for short).

4.

The petitioners in the claim petition have contended

that they are the legal heirs of the deceased. The deceased was

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the sole bread earner of the family and he was aged about 39

years as on the date of the accident and was working as a

primary school teacher at Malaganakatte Village, Kollegal Taluk,

Chamrajnagara District and was earning monthly income of

Rs.8,000/- and they have lost the income and his love and

affection.

5.

In pursuance of the claim petition, respondent No.1

filed the objections admitting the averments made in column

No.14 and 14(a) and also the ownership of the vehicle.

Respondent No.1 also admitted the accident. The vehicle was

insured with respondent No.2. The respondent No.1 also

admitted that the deceased is his co-brother and he had taken

his vehicle on that day. The fact explained by Sri Ashok who is

none other than the brother-in-law of respondent No.1 and also

the averments made in paragraph No.22 are all admitted by

him. The respondent No.1 would contend that respondent No.2

who is insurer of the vehicle is liable to pay the compensation.

6.

The respondent No.2 filed the written statement

denying the occ