The Manager National Insurance Co. Ltd vs Sridevi And Ors
2025 Latest Caselaw 9900 Kant

Karnataka High Court

The Manager National Insurance Co. Ltd vs Sridevi And Ors on 6 November, 2025

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

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                                                          MFA No. 200342 of 2021


                       HC-KAR




                                  IN THE HIGH COURT OF KARNATAKA

                                         KALABURAGI BENCH

                              DATED THIS THE 6TH DAY OF NOVEMBER, 2025

                                              PRESENT

                            THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                                 AND
                            THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY

                            MISCL. FIRST APPEAL NO.200342 OF 2021 (MV-D)

                       BETWEEN:

                       THE MANAGER,
                       NATIONAL INSURANCE CO. LTD.,
                       BRANCH OFFICE BIDAR
                       THROUGH ITS DIVISIONAL MANAGER,
                       NATIONAL INSURANCE CO.LTD.,
                       BILAGUNDI COMPLEX, MAIN ROAD,
                       KALABURAGI - 585 102.
                                                                     ...APPELLANT

                       (BY SRI MANVENDRA REDDY, ADVOCATE)
Digitally signed by
BASALINGAPPA
SHIVARAJ
DHUTTARGAON
                       AND:
Location: HIGH COURT
OF KARNATAKA

                       1.    SRIDEVI
                             W/O LATE CHANDRAKANTH SHERIKAR,
                             AGE: 38 YEARS,
                             OCC: HOUSEHOLD,

                       2.    POOJA
                             D/O CHANDRAKANTH SHERIKAR,
                             AGE: 21 YEARS,
                             OCC: STUDENT, MINOR,

                       3.    VARUN
                             S/O LATE CHANDRAKANTH SHERIKAR,
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                                     MFA No. 200342 of 2021


HC-KAR




     AGE: 19 YEARS,
     OCC: STUDENT, MINOR,

4.   KASTURBAI
     W/O LATE KASHAPPA SHERIKAR,
     AGE: 68 YEARS,
     OCC: HOUSEHOLD,
     R/O: VILLAGE DAWARGAON,
     TQ: BHALKI, DIST: BIDAR - 585 401.

5.   DEVANAND
     S/O PANDURANGH KUNDAGULE,
     AGE: 36 YEARS,
     OCC: AGRICULTURE AND BUSINESS,
     R/O: VILLAGE BARDAPUR,
     TQ: BHALKI, DIST: BIDAR - 585 401.

                                            ...RESPONDENTS

(BY SRI BABU H.METAGUDA, ADVOCATE FOR R1 TO R4;
NOTICE TO R5 SERVED)

      THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR    VEHICLES   ACT,   PRAYING    TO   SET   ASIDE   THE
JUDGMENT AND AWARD DATED 15.09.2020 PASSED BY THE
SENIOR CIVIL JUDGE AND ADDL. MACT, BHALKI IN MVC
NO.557/2017 BY ALLOWING THE APPEAL AS PRAYED FOR IN
THE INTEREST OF JUSTICE AND EQUITY.


      THIS MFA, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
          AND
          HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
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                                    MFA No. 200342 of 2021


HC-KAR




                     ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)

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 and award dated 15.09.2020 passed by the

Senior Civil Judge and Additional MACT, Bhalki, in MVC

557/2017.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 20.10.2015 at about 6:45 P.M.,

the deceased Chandrakanth along with his son were

proceeding from their house to Kapalapur Bhavani Temple

on their motorcycle bearing Reg.No.KA-39/K-9150, at that

time, a motorcycle bearing Reg.No.KA-39/L-5446 ridden

by its rider with high speed in a rash and negligent

manner on Bardapur cross, dashed to the motorcycle of

the deceased by the wrong side and caused the accident.

As a result of the aforesaid accident, the deceased

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sustained grievous injuries and thereafter, he was shifted

to the Government hospital, at Bhalki and there he

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 respondents

appeared through their counsel and filed separate written

statements denying the averments made in the claim

petition regarding age, occupation, income and etc.,

5. On the basis of pleadings of the parties, the

Claims Tribunal framed the issues and thereafter recorded

the evidence. The claimants, in order to prove the case,

examined claimant No.1 as PW-1 and got exhibited

documents namely Ex.P1 to Ex.P9. On behalf of

respondents, one witness was examined as RW-1 and got

exhibited document Ex.R1 Insurance Policy. The Claims

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Tribunal, by the impugned judgment, inter alia, held that

the accident took place on account of rash and negligent

driving of the offending motorcycle bearing Reg.No.KA-

39/L-5446 by its rider, 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.19,50,000/- along with interest at the

rate of 9% p.a. and held liable respondent Nos.1 and 2

jointly and severally to pay compensation amount along

with interest. Being aggrieved, this appeal has been filed.

6. On the other hand, the learned counsel for the

Insurance Company has raised the following contentions:

a) Firstly, the accident has occurred due to the

negligence of rider of Motorcycle bearing Reg.No.KA-39/K-

9150. He further contended that deceased/rider of the

motorcycle has come to the extreme right side of the road

and dashed against the motorcycle bearing Reg.No.KA-

39/L-5446. It was contended that the rider of motorcycle

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bearing Reg.No.KA-39/K-9150 was riding the motorcycle

with two pillion riders and coming with high speed in rash

and negligent manner and dashed to the vehicle coming

from the opposite side, due to which, the deceased fell

down and succumbed to the injuries. The Tribunal erred

in holding that rider of motorcycle bearing Reg.No.KA-

39/L-5446 alone is negligent in causing the accident. He

further contended that it is very clear from the motor

vehicle accident report, spot sketch map and evidence of

RW.1, accident has occurred due to negligence of

deceased himself. Without considering this aspect of the

matter, the Tribunal has erred in holding that rider of

offending motorcycle is negligent in causing the accident.

b) In respect of quantum, he contended that even

though the claimants claim that the deceased was earning

Rs.45,000/- per month from agriculture and grocery

business, they have not produced any document much

less any bank statement to show the same. Therefore, the

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Tribunal has rightly assessed the income of the deceased

notionally.

c) Lastly, in view of the Division Bench decision of

this Court in the case of MS.JOYEETA BOSE AND OTHERS

-V- VENKATESHAN.V AND OTHERS (MFA 5896/2018 AND

CONNECTED MATTERS DISPOSED OF ON 24.8.2020), the

rate of interest awarded by the Tribunal at 9% p.a. on the

compensation amount is on the higher side. Hence, he

prays for dismissal of the appeal.

7. Learned counsel for the claimants has raised

the following counter contentions:

a) Firstly, the accident has occurred due to

negligence of rider of the offending motorcycle. He came

to the extreme right side and dashed against the

motorcycle of the deceased. Immediately, after the

accident, complaint has been lodged against the rider of

the offending motorcycle. The police have registered FIR

and after thorough investigation, filed charge sheet

against the rider of the offending motorcycle. He further

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contended that from the spot sketch map produced at

Ex.P7, it is very clear that rider of the offending

motorcycle has come to the extreme right side and dashed

against the motorcycle of the deceased. Due to which,

deceased fell down and suffered grievous injuries and

succumbed to the injuries. Considering the evidence of

PW.1, complaint, FIR, MVA report and charge sheet, the

Tribunal is right in holding that rider of the motorcycle

bearing Reg.No.KA-39/L-5446 is negligent in causing the

accident.

b) In respect of quantum, he contended that at

the time of accident, deceased was earning Rs.20,000/-

from agriculture and Rs.25,000/- from doing grocery

business. To that effect, he has produced the certificate

issued by the PDO i.e., Ex.P8 and record of rights as per

Ex.P9. In spite of that the Tribunal has assessed the

notional income of the deceased at Rs.10,000/- which is

on the lower side.

                 Compensation              Amount
             under different            in (Rs.)
                   Heads
           Loss of dependency             15,12,000
           Funeral expenses                  15,000
           Loss of estate                    15,000
           Loss of spousal                   40,000
           consortium
           Loss of Parental                  80,000
           consortium
           Loss of Filial                    40,000
           consortium
                                         17,02,000
           Total