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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF FEBRUARY 2021

BEFORE

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

MFA No.4748 OF 2010(MV)

BETWEEN:

THE DIVISIONAL MANAGER

ORIENTAL INSURANCE CO. LTD.,

DIVISIONAL OFFICE NO.10

NO.213-217, 2ND FLOOR

3^RD MAIN, 4^TH CROSS

CHAMARAJPET

BANGALORE-560018

BY

ORIENTAL INSURANCE CO. LTD,

REGIONAL OFFICE

NO.144, NO.44/45

LEO SHOPPING COMPLEX

RESIDENCY CROSS ROAD

BANGALORE-560 025

BY ITS MANAGER.

...APPELLANT

(BY SRI. O MAHESH, ADV.)

AND

1.

MARY PUSHPA

SINCE DIED ON 27-09-2008)

MARY PRAMILA

2

W/O KUMAR

AGED 29 YEARS

2.

PUSHPA LATHA

AGED 28 YEARS

D/O SRINIVASA MURTHY

3 .

SAROJAMMA

AGED 72 YEARS

W/O BILIGIRAIAH @

BILIGIRIYAPPA

ALL ARE R/A PLOT NO.33

HOUSE NO.76, KENGERI UPANAGARA

HOUSING BOARD COLONY

BANGALORE .

4.

S JAYARAM S/O SHIVAPPA

MAJOR, R/O NO.45/1

KEMPANNA BUILDING

MYSORE ROAD

PANTHARAPALYA

BANGALORE-560026.

…RESPONDENTS

(BY SMT. SUNITHA, ADV. FOR

SRI.SURESH M LATUR FOR R1-R3:

NOTICE TO R4 IS HELD SUFFICIENT

V/O DATED:5.08.2013)

THIS MFA IS FILED UNDER SECTION 173(1) OF

MV ACT AGAINST THE JUDGMENT AND AWARD

DATED:07.08.2009 PASSED IN MVC NO.4272/2006

ON THE FILE OF THE 14H ADDITIONAL JUDGE, COURT

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OF SMALL CAUSES, MEMBER, MACT, BANGALORE,

AWARDING A COMPENSATION OF RS.2,41,000/-

WITH INTEREST @ 6% P.A. FROM THE DATE OF

PETITION TILL DEPOSIT.

THIS MFA COMING ON FOR HEARING, THROUGH

VIDEO

CONFERENCE,

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 Insurance Company

being aggrieved by the judgment dated 7.8.2009

passed by the Motor Accident Claims Tribunal.

2.

Facts giving rise to the filing of the appeal

briefly stated are that on 24.3.2004, Srinivas Murthy

was walking on the extreme left side at the spot road,

at that time, auto rickshaw which bearing registration

No.KA-02-9715 which was being driven in a rash and

negligent manner, dashed against Srinivas Murthy. As

a result of the aforesaid accident, he sustained

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grievous injuries and succumbed to the injuries on

10.7.2005.

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

petition were denied. It was pleaded that the petition

itself is false and frivolous in the eye of law. It was

further pleaded that the accident was not due to the

rash and negligent driving of the auto rickshaw by its

driver. The death was not due to accidental injuries

but due to diabetes and blood pressure. The liability is

subject to terms and conditions of the policy and valid

driving licence. Hence, he sought for dismissal of the

petition.

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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 three other witnesses as PWs-2 to 4 and got

exhibited documents namely Ex.P1 to Ex.P13. On

behalf of respondents, one witness was examined as

RW-1 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.2,41,000/- along

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