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NC: 2026:KHC:21253 MFA No. 4043 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH 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 Digitally signed by W/O. KUMAR. M., PADMASHR EE

AGED ABOUT 45 YEARS, SHEKHAR DESAI Location: High R/AT KORA VILLAGE, KORA HOBLI,

Court of TUMAKURU TALUK.

Karnataka

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)

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NC: 2026:KHC:21253 MFA No. 4043 of 2025

HC-KAR

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

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NC: 2026:KHC:21253 MFA No. 4043 of 2025

HC-KAR

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

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NC: 2026:KHC:21253 MFA No. 4043 of 2025

HC-KAR

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

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