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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF JANUARY, 2021

PRESENT

THE HON’BLE MR.JUSTICE ALOK ARADHE

AND

THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY

M.F.A. NO.5355 OF 2016 (MV-I)

BETWEEN:

THE CLAIM MANAGER

ROYAL SUNDARAM ALLIANCE

INSURANCE COMPANY LIMITED,

NO.132, 2^ND FLOOR, MANGALAYA,

BRIGADE ROAD,

BANGALORE-560025.

BY

ROYAL SUNDARAM ALLIANCE COMPANY LTD.,

SUBRAMANIAM BUILDING,

II FLOOR, NO.1,

CLUB HOUSE ROAD, ANNASALAI,

CHENNAI-600002.

BY IT’S MANAGER

...APPELLANT

(BY SRI. O. MAHESH, ADVOCATE)

AND:

1.

MAHADEVI

AGE 44 YEAR,

W/O SHANKARAIAH,

RESIDING AT NO.123,

1^ST STAGE, II U.P.

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SHANESWARA TEMPLE ROAD,

GAYATHRIPURAM, MYSURU-570001.

2.

B. KRISHNA

AGE 60 YEAR,

S/O BASAVEGOWDA,

RESIDING AT NO.360,

JATTIC STREET,

NAZARBAD, MYSURU-570001.

…RESPONDENTS

(BY SRI. A.L.SHABBIR AHMED, ADVOCATE FOR RESPONDENT

NO.1;

NOTICE SERVED ON RESPONDENT NO.2 BUT UNREPRESENTED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER

SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 AGAINST

THE JUDGMENT AND AWARD DATED 12.05.2016, PASSED IN

MVC NO.538/2011, ON THE FILE OF THE III ADDITIONAL

DISTRICT JUDGE AND MEMBER, MACT, MYSURU AWARDING

COMPENSATION OF RS.15,86,731/- WITH INTEREST @6% P.A.

FROM THE DATE OF PETITION TILL REALIZATION.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY,

NATARAJ RANGASWAMY, J., DELIVERED THE FOLLOWING:

JUDGMENT

This appeal under Section 173(1) of the Motor

Vehicles Act is filed by the insurer challenging the liability

imposed upon it to pay the compensation awarded in

terms of the Judgment and Award dated 12.05.2016 by

the III Additional District Judge and MACT., Mysuru in MVC

No.538/2011.

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2.

Though, this appeal is listed for admission, as

the records of the Tribunal are received it is taken up for

final disposal with the consent of the counsel for the

parties.

3.

The parties shall henceforth be referred to as

they were arrayed before the Tribunal.

4.

The claim petition discloses that the claimant

and others were on a pilgrimage to places in North India

and Nepal by a bus bearing registration No.KA-09-A-3344

(hereinafter referred to as “offending bus” for short). It is

stated that on 29.05.2010, when they were returning to

India from Nepal at about 3.15 am., the bus fell into a

ravine and the passengers suffered serious injuries. The

claimant also suffered injuries and was treated at College

of Medical Science - Teaching Hospital, Bharathpura

Chitwan, Nepal and later continued treatment at Vikram

Jeev Hospital. The claimant had suffered an amputation of

her right arm. The police in Nepal had registered Crime

No.2066/067 under Section 147, 161(2) and 162(2) of the

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Transportation Arrangement Act. The claimant filed a

claim petition under Section 166 of the MV Act claiming

compensation of a sum of Rs.50,00,000/- from the owner

and the insurer of the offending bus. The claimant claimed

that she was earning a sum of Rs.10,000/- per month from

tailoring, embroidery and sale of sarees.

5.

The driver – owner of the offending bus

contested

the

claim

petition

and

claimed

that

on

29.05.2010, it was snowing at 3.15 am., and due to bright

headlamp of a vehicle coming from the opposite direction,

the driver moved the vehicle to the left side of the road

and hit a road side rock which caused a land slide and the

bus fell into the ravine. He admitted that the claimant was

a passenger and was suffered injuries. The insurer though

entered appearance did not file its written statement but

only filed a memo claiming that the Tribunal did not have

territorial jurisdiction to entertain the petition.

6.

The claim petition was initially dismissed by

the Tribunal on the ground of want of territorial jurisdiction

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in terms of the order dated 16.11.2011 which was

reversed by this Court in MFA No.1829/2012. Later, the