1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF MAY 2021

PRESENT

THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

M.F.A. NO.8712 OF 2018 (MV-D)

C/W

M.F.A. NO.5206 OF 2019 (MV-D)

M.F.A. NO.8712 OF 2018

BETWEEN:

THE RELIANCE GENERAL

INSURANCE COMPANY LTD.,

EAST WING, 5TH FLOOR, NO.28

CENTENARY BUILDING, M G ROAD

BENGALURU - 560001

NOW REPRESENTED BY MANAGER LEGAL.

... APPELLANT

(BY SRI. ASHOK N. PATIL, ADV.,)

AND:

1.

HANUMANTHARAJU

S/O MUNILAKKAYYA

AGED ABOUT 52 YEARS.

2.

GANGAMMA

W/O HANUMANTHARAJU

AGED ABOUT 41 YEARS.

2

3.

VINAYAKUMAR

S/O HANUMANTHARAJU

AGED ABOUT 20 YEARS.

ALL ARE RESIDING AT

BEERAYYANAPALYA, KODIHALLI

KANASWADI, BENGALURU RURAL - 561203.

4.

RAJU C

S/O CHIKKANNA

NO 43, SWETHA FORM

KEMPAPURA

CHIKKABANAWARA

BENGALURU - 560090.

... RESPONDENTS

(BY SRI. K. SHANTHARAJ, ADV., FOR R1-R3

R4 SERVED)

- - -

THIS M.F.A. IS FILED UNDER SEC.173(1) OF MV ACT

AGAINST THE JUDGMENT AND AWARD DATED 18.7.2018 PASSED

IN MVC NO.7807/2016 ON THE FILE OF THE XXI ADDITIONAL SCJ

& XIX ACMM, MEMBER-MACT, BENGALURU (SCCH-23), AWARDING

COMPENSATION OF RS.16,80,000/- WITH INTEREST @ 6% P.A.

FROM THE DATE OF PETITION TILL DEPOSIT.

M.F.A. NO.5206 OF 2019

BETWEEN:

1.

HANUMANTHARAJU

S/O MUNILAKKAIAH

AGED ABOUT 53 YEARS.

2.

GANGAMMA

W/O HANUMANTHARAJU

AGED ABOUT 42 YEARS.

3.

VINAY KUMAR

W/O HANUMANTHARAJU

AGED ABOUT 21 YEARS.

ALL ARE RESIDING AT

BEERAIANAPALYA, KODIHALLI

KANASAWADI, BENGALURU RURAL - 561203.

... APPELLANTS

3

(BY SRI. SHANTHARAJ K, ADV.,)

AND:

1.

RELIANCE GEN. INS. CO. LTD.

BY ITS MANAGER

EAST WING 5TH FLOOR, NO.28

CENTENARY BUILDING

M G ROAD, BENGALURU - 560001.

2.

RAJU C

S/O CHIKKANNA

AGED MAJOR

RESIDING AT NO.43

SWETHA FARM

KEMAPAPURA

CHIKKABANWARA

BENGALURU - 560090.

... RESPONDENTS

(BY SRI. ASHOK N. PATIL, ADV., FOR R1

V/O DTD:23.06.2020 NOTICE TO R2 D/W)

- - -

THIS M.F.A. IS FILED UNDER SEC.173(1) OF MV ACT

AGAINST THE JUDGMENT AND AWARD DATED 18.7.2018 PASSED

IN MVC NO.7807/2016 ON THE FILE OF THE XXI ADDITIONAL

SMALL CAUSE JUDGE & XIX ACMM, MEMBER, MACT, BENGALURU

(SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR

COMPENSATION

AND

SEEKING

ENHANCEMENT

OF

COMPENSATION.

THESE M.F.As. COMING ON FOR ADMISSION, THIS DAY,

ALOK ARADHE J., DELIVERED THE FOLLOWING:

JUDGMENT

M.F.A.No.5206/2019

has

been

filed

by

the

claimants seeking enhancement of the amount of

compensation, whereas, M.F.A.No.8712/2018 has been

filed by the insurance company under Section 173(1) of

4

the Motor Vehicles Act, 1988 (hereinafter referred to as

‘the Act’, for short) against the judgment dated

18.07.2018 passed by the Motor Accident Claims

Tribunal. Since, both the appeals arise out of the same

accident and from the same judgment, they were heard

together and are being decided by this common

judgment.

2.

Facts giving rise to the filing of the appeal

briefly stated are that on 04.08.2016, the deceased

Naveen Kumar BH was riding a motor cycle bearing

registration no.KA-09-ES-4608. When he reached near

Lahari Dhaba, Hesaragatta Main Road, a Mahindra

Bolero vehicle (hereinafter referred to as 'the offending

vehicle' for short) bearing Registration No.KA-50-A-

2773, which was being driven by its driver in a rash and

negligent manner, dashed against the motor cycle which

the deceased was riding. As a result of the aforesaid

accident, the deceased sustained grievous injuries and

succumbed to the same.

5

3.

The claimants thereupon filed a petition

under Section 166 of the Act claiming compensation on

the ground that the deceased was aged about 22 years

at the time of accident and was employed as a Graphics

Designer at Raj Technology University and was earning

a sum of Rs.20,000/- per month. It was further pleaded

that accide