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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF SEPTEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD

MFA No.4738 OF 2014(MV)

BETWEEN:

1 . SMT FAMIDA

W/O LATE ABDUL AZEEZ

AGED ABOUT 46 YEARS

2 . RIZWANA

D/O LATE ABDUL AZEEZ

AGED ABOUT 23 YEARS

BOTH ARE RESIDING AT

1^ST CROSS, PHOOL BAUGH

MEHABOOB NAGAR

RAMANAGARA-562159.

...APPELLANTS

(BY SRI.SHANTHARAJ K., ADV.)

AND

1 . SRI SYED SHUKOOR

S/O MOHAMMED SAB

NO.45, AIYYAPPA TEMPLE STREET

ATTIBELE POST

ANEKAL TALUK-562107

BANGALORE DISTRICT.

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2 . THE REGIONAL MANAGER

NATIONLA INSURANCE COMPANY LTD.,

SHUBHARAM COMPLEX

M.G.ROAD

BANGALORE-560001.

…RESPONDENTS

(BY SRI.S SRISHAILA, ADV. FOR R2:

NOTICE TO R1 IS H/S V/O DATED: 30.10.2019)

THIS MFA IS FILED U/S 173(1) OF MV ACT

AGAINST

THE

JUDGMENT

AND

AWARD

DATED01.03.2014 PASSED IN MVC NO.250/2009 ON

THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE,

RAMANAGARA,

PARTLY

ALLOWING

THE

CLAIM

PETITION

FOR

COMPENSATION

AND

SEEKING

ENHANCEMENT OF COMPENSATION.

THIS MFA COMING ON FOR HEARING THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

This appeal under Section 173(1) of the Motor

Vehicles Act, 1988 (hereinafter referred to as ‘the Act’,

for short) has been filed by the claimants being

aggrieved by the judgment dated 1.3.2014 passed by

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the Addl. Senior Civil Judge, Ramanagara in MVC

250/2009.

2.

Facts giving rise to the filing of the appeal

briefly stated are that on 10.11.2008 the deceased

was traveling in lorry bearing registration No.CAK

5252 from Mysore to Bangalore near Ijoor Circle, at

that time, the driver of the said lorry drove the same

in a rash and negligent manner, suddenly applied

brakes. As a result of the said impact, the deceased

fell

down

and

sustained

grievous

injuries

and

succumbed to the injuries.

3.

The claimants filed a petition under Section

166 of the Act seeking compensation for the death of

the deceased along with interest.

4.

On service of summons, the respondent

No.2 appeared through counsel and filed written

statement in which the averments made in the

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petition were denied. The respondent No.1 did not

appear before the Tribunal inspite of service of notice

and hence was placed ex-parte.

5.

On the basis of the pleadings of the parties,

the Claims Tribunal framed the issues and thereafter

recorded the evidence. The claimants, in order to

prove their case, examined claimant No.1 as PW-1

and got exhibited documents namely Ex.P1 to Ex.P4.

On behalf of respondents, one witness was examined

as RW-1 and got exhibited documents namely Ex.R1

to Ex.R3. The Claims Tribunal, by the impugned

judgment, inter alia, held that the accident took place

on account of rash and negligent driving of the

offending vehicle by its driver, as a result of which,

the deceased sustained injuries and succumbed to the

injuries. The Tribunal further held that the claimants

are entitled to a compensation of Rs.796,000/- along

with interest at the rate of 6% p.a. and directed the

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owner of the lorry to deposit the compensation

amount along with interest. Being aggrieved, this

appeal has been filed.

6.

The learned counsel for the claimants has

raised the following contentions:

Regarding liability:

The Tribunal has fastening the liability on the

owner of the offending vehicle on the ground that the

deceased was traveling in the lorry as unauthorized

passenger and the insured has violated the policy

conditions. However, in view of Full Bench decision of

this Court in the case of ‘NEW INDIA ASSURANCE CO.

LTD. BIJAPUR vs. YALLAVVA AND ANOTHER’ ILR 2020

Kar.2239, the Insurance Company is liable to pay

compensation to the claimant at the first instance,

with liberty to recover the same from the owner of the

offending vehicle.

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Regarding quantum of compensation:

Firstly, the claimants claim that the deceased