Karnataka High Court
Smt Sundari vs Mr K Chandraprakash Shetty on 19 August, 2025
-1-
NC: 2025:KHC:32087
MFA No. 4911 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 4911 OF 2017 (MV-
D)
BETWEEN:
1. SMT SUNDARI
W/O LATE KEPU POOJARY,
AGED ABOUT 53 YEARS,
2. SMT VASANTHI M
D/O LATE KEPU POOJARY,
AGED ABOUT 25 YEARS,
BOTH ARE R/AT
DOOR NO.2-398, ANAVU HOUSE,
URUVALU POST & VILLAGE,
BELTHANGADY TALUK,
PRESENTLY R/AT
Digitally THUKRA POOJARY COMPOUND,
signed by
PADIL, MANGALURU,
MADHURI S
D.K DISTRICT-575 004
Location: ...APPELLANTS
High court of (BY SRI. RAVISHANKAR SHASTRY G.,ADVOCATE)
Karnataka
AND:
1. MR K CHANDRAPRAKASH SHETTY
S/O GOPAL SHEETTY,
ADULT, OCCUPATION NOT KNOWN,
R/AT GOPAL NIVAS,
M/S SRI MANJUNATH MOTOR,
KINNIMULKI, UDUPI-576101
-2-
NC: 2025:KHC:32087
MFA No. 4911 of 2017
HC-KAR
2. RELIANCE GENERAL INSURANCE CO LTD
OFFICE AT: MAXIMUS COMMERCIAL COMPLEX,
LIGHT HOUSE HILL ROAD, MANGALURU.
D.K.DISTRICT
REPRESENTED BY ITS
BRANCH MANAGER-575001
3. MR CHANDRANATH JAIN
S/O NEMIRAJA KONDE,
ADULT, OCCUPATION NOT KNOWN,
R/AT KUNDADRY, HALEKOTE,
BELTHANGADY, SOUTH KANARA,
KARNATAKA-575242
4. NATIONAL INSURANCE CO LTD.,
OFFICE AT I FLOOR, SHRI KSHETRA
DHARMASTHALA BUILDING,
MAIN ROAD, PUTTUR, SOUTH KANARA,
KARNATAKA, REPRESENTED BY ITS
BRANCH MANAGER-574201
...RESPONDENTS
(BY SRI. MALLIKARJUNA REDDY N.A, ADVOCATE FOR
SRI. B.PRADEEP.,ADVOCATE FOR R2;
SRI.S.V.HEGDE MULKHAND, ADVOCATE FOR R4;
R1 AND R3 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.12.2016 PASSED IN MVC
NO.1163/2015 ON THE FILE OF THE III ADDITIONAL DISTRICT
JUDGE AND MEMBER MACT-IV, D.K,MANGALURU, DISMISSING
THE CLAIM PETITION FOR COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-3-
NC: 2025:KHC:32087
MFA No. 4911 of 2017
HC-KAR
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
This appeal under Section 173(1) of M.V. Act arises
from the Judgement and award dated 31.12.2016 passed in
MVC No.1163/2015 by the III Additional District Judge and
Member, MACT-IV, D.K. Mangaluru.
2. Heard the arguments of learned counsel appearing
for both the parties.
3. The appellants/claimants who are the mother and
sister of the deceased have filed the claim petition in MVC
No.1163/2015, under Section - 166 of Motor Vehicles Act,
seeking compensation of Rs.5,00,000/- with interest @ of 12%
per annum on account of death of the deceased Chandrashekar
K, who succumbed to the accidental injuries in a road traffic
accident that occurred on 01.07.2015. The Tribunal dismissed
the claim petition on the ground that the rider of the motor
cycle-deceased was himself negligent. Against the said order,
the appellants/claimants preferred this appeal
NC: 2025:KHC:32087
HC-KAR
4. The learned counsel for the appellants relied upon
the judgment of the Hon'ble Supreme Court in the case of
United India Insurance Co. Ltd -v- Sunil Kumar and
Another, reported in AIR 2017 SC 5710, wherein it is clearly
held that, it is not open for insurer to raise defence of
negligence on part of victim in claim proceedings under Section
163A of Motor Vehicles Act.
5. Admittedly, if an application is filed under 163 of
the Motor Vehicles Act, the petitioner need not prove the
negligence and it was clearly held by the Supreme Court time
and again, but the Tribunal without considering the said fact
dismissed the application. Therefore, the order of the tribunal is
patently erroneous and is setaside. Accordingly, I pass the
following:
ORDER
i. The appeal is allowed.
ii. The matter is remanded to the tribunal with a
direction to consider the other evidence for calculation of the
compensation under Section 163 of the Act, and to dispose of
the matter by duly giving opportunity to both parties to lead
NC: 2025:KHC:32087
HC-KAR
evidence and to argue within three months from the date of
this order.
iii. Registry to send back the records to the concerned
Tribunal within one week from the date of this Order.
iv. Parties are hereby directed to appear before the
Tribunal on 09.09.2025 without awaiting further notice.
SD/-
(P SREE SUDHA)
JUDGE
HR
