IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE DR. JUSTICE K.MANMADHA RAO

MISCELLANEOUS FIRST APPEAL NO. 3979 OF 2017 (MV-D)

BETWEEN:

THE RELIANCE GENERAL

INSURANCE COMPANY,

NO.24, CENTENARY BUILDING,

EAST WING, 5^TH FLOOR,

M.G. ROAD,

BANGALORE-560 001.

REP. BY ITS REGIONAL MANAGER.

…APPELLANT

(BY SRI. D. VIJAYAKUMAR., ADVOCATE)

AND:

1. MRS. SUMITHRA S @ SUMA

W/O LATE SHIVAMANICKAM J

AGED ABOUT 37 YEARS

2. KUMARI POOJA S

D/O LATE SHIVAMANICKAM J

AGED ABOUT 12 YEARS

3. MASTER PRASHANTH S

S/O LATE SHIVAMANICKAM J

AGED ABOUT 11 YEARS

ALL ARE R/AT

NO.38, 2^ND CROSS,

DR. S. KUMAR LAYOUT,

1^ST BLOCK,

NAGAIAHNAPALYA, M.S. NAGAR POST

BANGALORE 560 033.

RESPONDENT NO.2 AND 3 ARE MINORS REP. BY THEIR MOTHER AND NATURAL GUARDIAN THE

1^ST RESPONDENT SMT. SUMITHRA S @ SUMA

4. MR. ARUNKUMAR K.M.

S/O MUNINANJAPPA NO.792, SHOBA ADAMUKANNAMANGALA, KADUGODI, BANGALORE 560 067.

…RESPONDENTS (BY SRI. RAGHAVENDRA E.P., ADVOCATE FOR R1;

R2 AND R3 ARE MINORS REP. BY R1;

V/O DT:12.01.2023 NOTICE TO R4 IS H/S)

THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S

173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR RECORDS IN MVC NO.4308/2015 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AND M.A.C.T., BENGALURU (SCCH-24) AND SET ASIDE THE JUDGMENT AND AWARD DT:31.03.2017 PASSED IN MVC NO.4308/2015 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AND M.A.C.T BENGLAURU (SCCH -24) AND MODIFY THE AWARD IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 10.11.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV JUDGMENT

This appeal has been filed by the Insurance Company challenging the impugned judgment and award 31.03.2017 passed by the XXII Additional Small Causes Judge and XX Additional Chief Metropolitan Magistrate and MACT (for short ‘the Tribunal’), in M.V.C.No.4308/2015, awarding a sum of Rs.16,11,000/- with interest at 8% p.a. from the date of petition till the date of realization on account of the death of one Shivamanickam J., who was driving motor cycle bearing No.KA-05-EB-7678 from R.M.Nagar side to T.C.Palya side in a road traffic accident that occurred on 04.04.2015 at about 9:40 p.m. due to rash and negligent driving of driver of the lorry bearing No.KA-53-B-1188.

2. The claimants have filed the petition under section 166 of the Motor Vehicles Act, 1988 (‘the MV Act’ for short) claiming the compensation of Rs.40,00,000/- on account of death of Shivamanickam J., in the Motor vehicle accident.

3. After issuance of notice, the respondent No.1/Insurance Company has appeared through its counsel and filed statement of objection. Respondent No.2/owner of the offending vehicle remained absent and was placed ex-parte.

4. In order to substantiate the case of the claimant, the claimant No.1 got herself examined as PW-1 and one witness got examined as PW-2 and got marked documents at Exs.P1 to P14. On the other hand, respondents neither examined nor adduced any evidence.

5. On the basis of the pleadings of the parties, the Tribunal framed the issues and held that the Insurance Company and the owner of the offending vehicle are jointly and severally liable to pay a total compensation of sum of Rs.16,11,000/- to the claimants with interest at the rate of 8% per annum form the date of petition, till the date of realization.

6. It is contended by the learned counsel for the appellant – Insurance Company that the Tribunal, erred in holding that the accident was solely due to the rash and negligent driving of the lorry bearing No. KA-53-B-1188 (offending vehicle), even though the defence was that the deceased, while riding Motorcycle No.KA-05-EB-7678 from R.M.Nagar towards T.C.Palya near Arun Ice Cream, had come to the extreme right of the road and dashed against the lorry moving correctly on the left. Reference is made to th