IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF JULY, 2021

PRESENT

THE HON9BLE MRS.JUSTICE S.SUJATHA

AND

THE HON9BLE MR. JUSTICE E.S.INDIRESH

M.F.A.No.7569/2016 c/w

M.F.A.No.1412/2019 (MV)

IN M.F.A.No.7569/2016:

BETWEEN :

M/s ORIENTAL INSURANCE COMPANY LIMITED

DIVISIONAL OFFICE-VIII

NO.2, D.V.G. ROAD, V.C.PLAZA

BASAVANAGUDI, BENGALURU

NOW REP BY ITS REGIONAL OFFICE

NO.44/45, LEO SHOPPING COMPLEX

RESIDENCY ROAD, BENGALURU-560025

REP BY ITS AUTHORIZED SIGNATORY

...APPELLANT

(BY SRI K.S.LAKSHMINARASAPPA, ADV. FOR

SRI A.M.VENKATESH, ADV.)

AND :

S.KUMARASWAMY

SINCE DEAD BY LRs

1(a)

SMT.BHAGYALAKSHMI

W/O LATE S.KUMARASWAMY

AGED ABOUT 41 YEARS

1(b). KUMARI K.DIVYA

D/O LATE S.KUMARASWAMY

AGED ABOUT 21 YEARS

- 2 -

1(c). KUMARI K.DEEPTHI

D/O LATE S.KUMARASWAMY

AGED ABOUT 19 YEARS

1(d). MASTER K.DEEPAK

S/O LATE S.KUMARASWAMY

AGED ABOUT 19 YEARS

ALL ARE R/AT NO.6/72

PWD COLONY, SRINIVASAPURA ROAD

KOLAR TOWN-563101

2 .

V.SHANKARAPPA

MAJOR BY AGE

R/AT NO.93, ALLAMMA PRABHU ROAD

GAVIPURAM, HANUMANTHANAGAR

BENGALURU-560019

&RESPONDENTS

(BY SRI B.PAPEGOWDA, ADV. FOR R-1(a 3 d);

SRI M.BABU RAO, ADV. FOR R-2.)

THIS M.F.A. IS FILED UNDER SECTION 173(1) OF

M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED

26.02.2016 PASSED IN MVC NO.6132/2009 ON THE FILE OF

THE

XIX

ADDITIONAL

SMALL

CAUSE

JUDGE,

MACT,

BANGALORE, AWARDING COMPENSATION OF Rs.19,77,240/-

WITH INTEREST FROM THE DATE OF AWARD.

IN M.F.A.No.1412/2019:

BETWEEN :

1.

SRI S.KUMARASWAMY

SINCE DECEASED BY HIS LRs

1(a)

SMT.BHAGYALAKSHMI

W/O LATE S.KUMARASWAMY

AGED ABOUT 48 YEARS

1(b). K.DIVYA

D/O LATE S.KUMARASWAMY

AGED ABOUT 22 YEARS

- 3 -

1(c). K.DEEPTHI

D/O LATE S.KUMARASWAMY

AGED ABOUT 20 YEARS

1(d). K.DEEPAK

S/O LATE S.KUMARASWAMY

AGED ABOUT 20 YEARS

ALL ARE R/AT NO.6/72

PWD COLONY,

SRINIVASAPURA ROAD

KOLAR -563131

...APPELLANTS

(BY SRI B.PAPEGOWDA, ADV.)

AND :

1 .

SRI V.SHANKARAPPA

MAJOR BY AGE

R/AT NO.93, ALLAMMA PRABHU ROAD

GAVIPURAM, HANUMANTHANAGAR

BENGALURU-560019

2.

THE ORIENTAL INSURANCE COMPANY LIMITED

D.O. VIII, NO.2, D.V.G. ROAD,

V.C.PLAZA, BASAVANAGUDI,

BENGALURU-04.

&RESPONDENTS

(BY SRI M.BABU RAO, ADV. FOR R-1;

SRI K.S.LAKSHMINARASAPPA, ADV. FOR

SRI A.M.VENKATESH, ADV. FOR R-2.)

THIS M.F.A. IS FILED UNDER SECTION 173(1) OF

M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED

26.02.2016 PASSED IN MVC NO.6132/2009 ON THE FILE OF

THE

XIX

ADDITIONAL

SMALL

CAUSE

JUDGE,

MACT,

BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR

COMPENSATION

AND

SEEKING

ENHANCEMENT

OF

COMPENSATION.

THESE APPEALS COMING ON FOR ADMISSION, THIS

DAY, S. SUJATHA, J., DELIVERED THE FOLLOWING:

- 4 -

J U D G M E N T

The insurer as well as the claimants are before

this Court challenging the judgment and award dated

26.2.2016 passed in MVC No.6132/2009 by the XIX

Addl. SCJ & MACT, Bangalore (SCCH-17) (8Tribunal9 for

short).

2.

Briefly stated the facts are, originally the

injured S.Kumarswamy filed the petition under Section

166

of

the

Motor

Vehicles

Act,

1988

claiming

compensation for the injuries sustained by him in the

motor vehicle accident which occurred on 28.5.2009

due to collision between motor cycle bearing registration

No.KA-08-H-5201 ridden by the deceased and car

bearing No.KA-05-D-4830 (offending vehicle). During

the pendency of the claim petition the injured died on

1.12.2010. His legal representatives 3 wife and children

came on record and continued the proceedings. The

Tribunal awarded the compensation of Rs.14,82,930/-

attributing the contributory negligence to the extent of

- 5 -

25% on the rider of the motor cycle i.e., the deceased

and 75% on the part of the driver of the car. Being

aggrieved, the claimants had filed MFA No.9439/2012

before this Court which came to be allowed on 8.4.2015

setting aside the judgment and award dated 18.1.2012.

The matter was remanded to the Tribunal