Karnataka High Court
Reliance General Insurance Co Ltd vs C V Ramakrishna @ Ramakrishnappa on 10 September, 2025
-1-
NC: 2025:KHC:35856
MFA No. 4489 of 2019
C/W MFA No. 4487 of 2019
MFA No. 4488 of 2019
HC-KAR AND MFA No. 4490 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 4489/2019 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 4487/2019 (MV-I)
MISCELLANEOUS FIRST APPEAL NO. 4488/2019 (MV-I)
MISCELLANEOUS FIRST APPEAL NO. 4490/2019 (MV-I)
IN MFA No. 4489/2019:
BETWEEN:
RELIANCE GENERAL INSURANCE CO. LTD.,
UNNATTI ARCADE 5/111 & 6/112
1ST FLOOR, 1ST MAIN, 1ST BLOCK,
DR RAJKUMAR ROAD,
RAJAJINAGAR,
BENGALURU - 560 010,
Digitally signed NOW REPRESENTED BY ITS MANAGER,
by RELIANCE GENERAL INSURANCE COMPANY LTD.,
PADMASHREE NO 28, 5TH FLOOR,
SHEKHAR
DESAI EAST WING, CENTENARY BUILDING,
M G ROAD,
Location: High
Court Of BENGALURU - 560 001.
Karnatka ...APPELLANT
(BY SRI. ASHOK N PATIL., ADVOCATE)
AND:
1. NAVEEN KUMAR M @ NAVEEN,
NOW AGED ABOUT 29 YEARS,
S/O R MARIYAPPA,
KELIGINA DINAMAGHATTANAHALLI,
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NC: 2025:KHC:35856
MFA No. 4489 of 2019
C/W MFA No. 4487 of 2019
MFA No. 4488 of 2019
HC-KAR AND MFA No. 4490 of 2019
KENKERE GOWRIBIDANUR TALUK,
CHIKKABALLAPURA DISTRICT.
2. SHIVASHANKARAPPA C V,
MAJOR, S/O VENKATARAVANAPPA,
R/AT CHOLASHETTYHALLI,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA DISTRICT,
(R C OWNER CUM DRIVER OF CAR
REG NO KA-40-A-3160)
3. SRI MOHAMMAD SUBHANI,
MAJOR, CIVIL ENGINEER,
S/OLATE KHADER HUSSAIN SAB,
DNO 9-273 20/3/447,
II STREET, MANSOOR NAGAR,
COMMUNIST ARCHY,
NELLORE - 524011, A. P.,
(R C OWNER OF CAR
REG NO AP-26-BC-0300)
4. SRI S ABDUL KHAYUM,
MAJOR IN AGE,
S/O ABDUL RAHIM,
R/AT D NO 11-19
JETTI PALLEM STREET,
VAYALPAD TOWN AND MANDAL,
(DRIVER OF CAR REG NO AP-26-BC-0300).
...RESPONDENTS
(BY SRI. H.N. VENKATESH., ADVOCATE FOR
SRI. CHANDRASHEKARA N, ADVOCATE FOR R1,
SRI. V.C. SUDEEP, ADVOCATE FOR R2,
SRI MAHANTESH S HOSMATH, ADVOCATE FOR R3,
R4 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 19/01/2019, PASSED IN MVC
NO.1376/2017, ON THE FILE OF THE XXII ADDITIONAL SMALL
CAUSES JUDGE & XX ACMM., & MEMBER, MACT, BENGALURU
(SCCH-24), AWARDING COMPENSATION OF RS.2,67,800/-
-3-
NC: 2025:KHC:35856
MFA No. 4489 of 2019
C/W MFA No. 4487 of 2019
MFA No. 4488 of 2019
HC-KAR AND MFA No. 4490 of 2019
WITH INTEREST AT THE RATE OF 8% P.A., FROM THE DATE OF
PETITION, TILL DEPOSIT. (EXCEPT FUTURE MEDICAL
EXPENSES).
IN MFA NO. 4487/2019:
BETWEEN:
RELIANCE GENERAL INSURANCE CO. LTD.,
UNNATTI ARCADE 5/111 & 6/112,
1ST FLOOR, 1ST MAIN, 1ST BLOCK,
DR RAJKUMAR ROAD,
RAJAJINAGAR
BENGALURU - 560 010
NOW REPRESENTED BY
ITS MANAGER,
RELIANCE GENERAL INSURANCE COMPANY LTD.,
NO 28 5TH FLOOR, EAST WING,
CENTENARY BUILDING, M G ROAD,
BENGALURU - 560 001
...APPELLANT
(BY SRI. ASHOK N PATIL., ADVOCATE)
AND:
1. C V RAMAKRISHNA
@ RAMAKRISHNAPPA,
NOW AGED ABOUT 47 YEARS,
S/O VENKATARAMANAPPA,
R/AT CHOLASHETTYHALLI,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA DISTRICT.
2. SHIVASHANKARAPPA C V,
MAJOR, S/O VENKATARAVANAPPA,
R/AT CHOLASHETTYHALLI,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA DISTRICT,
(R C OWNER CUM DRIVER OF CAR
REG NO KA-40-A-3160)
-4-
NC: 2025:KHC:35856
MFA No. 4489 of 2019
C/W MFA No. 4487 of 2019
MFA No. 4488 of 2019
HC-KAR AND MFA No. 4490 of 2019
3. SRI MOHAMMAD SUBHANI,
MAJOR, CIVIL ENGINEER
S/O LATE KHADER HUSSAIN SAB,
DNO 9-273 20/3/447,
II STREET MANSOOR NAGAR,
COMMUNIST ARCHY,
NELLORE - 524011, A. P.,
(R C OWNER OF CAR
REG NO AP-26-BC-0300)
4. SRI S ABDUL KHAYUM,
MAJOR IN AGE,
S/O ABDUL RAHIM,
R/AT D NO 11-19,
JETTI PALLEM STREET,
VAYALPAD TOWN AND MANDAL,
(DRIVER OF CAR
REG NO AP-26-BC-0300).
...RESPONDENTS
(BY SRI. H.N. VENKATESH., ADVOCATE FOR
SRI. CHANDRASHEKARA N, ADVOCATE FOR R1,
SRI. V.C. SUDEEP, ADVOCATE FOR R2,
SRI MAHANTESH S HOSMATH, ADVOCATE FOR R3,
R4 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:19.1.19, PASSED IN MVC
NO.1374/2017 ON THE FILE OF THE XXII ASCJ & XX ACMM &
MEMBER MACT, BENGALURU, [SCCH-24], AWARDING
COMPENSATION OF RS.3,19,600/- WITH INTEREST @ 8% P.A.
FROM THE DATE OF PETITION TILL DEPOSIT.
IN MFA NO. 4488/2019:
BETWEEN:
RELIANCE GENERAL INSURANCE CO. LTD.,
UNNATTI ARCADE 5/111 & 6/112,
1ST FLOOR, 1ST MAIN, 1ST BLOCK,
DR RAJKUMAR ROAD,
-5-
NC: 2025:KHC:35856
MFA No. 4489 of 2019
C/W MFA No. 4487 of 2019
MFA No. 4488 of 2019
HC-KAR AND MFA No. 4490 of 2019
RAJAJINAGAR
BENGALURU - 560 010
NOW REPRESENTED BY
ITS MANAGER,
RELIANCE GENERAL INSURANCE COMPANY LTD.,
NO 28 5TH FLOOR, EAST WING,
CENTENARY BUILDING, M G ROAD,
BENGALURU - 560 001
...APPELLANT
(BY SRI. ASHOK N PATIL., ADVOCATE)
AND:
1. C V NARAYANASWAMY,
NOW AGED ABOUT 37 YEARS,
S/O VENKATARAMANAPPA,
R/AT NO. 161,
CHOLASHETTYHALLI,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA DIST.
2. SHIVASHANKARAPPA C V,
MAJOR,
S/O. VENKATARAVANAPPA,
R/AT CHOLASHETTYHALLI,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA DIST.
(RC OWNER CUM DRIVER OF CAR
REG NO. KA-40-A-3160)
3. SRI. MOHAMMAD SUBHANI
MAJOR, CIVIL ENGINEER,
S/O. LATE. KHADER HUSSAIN SAB,
D.NO. 9-273, 20/3/447,
II STREET, MANSOOR NAGAR,
COMMUNIST ARCHY,
NELLOR 524011, A.P,
(RC OWNER OF CAR
REG NO. AP 26-BC-0300)
-6-
NC: 2025:KHC:35856
MFA No. 4489 of 2019
C/W MFA No. 4487 of 2019
MFA No. 4488 of 2019
HC-KAR AND MFA No. 4490 of 2019
4. SRI. S ABDUL KHAYUM,
MAJOR IN AGE,
S/O. ABDUL RAHIM,
R/AT NO. D.NO. 11-19,
JETTI PLLEM STREET,
VAYALPAD TOWN AND MANDAL,
(DRIVER OF CAR REG NO. AP-26-BC-0300)
...RESPONDENTS
(BY SRI. H.N. VENKATESH., ADVOCATE FOR
SRI. CHANDRASHEKARA N, ADVOCATE FOR R1,
SRI. V.C. SUDEEP, ADVOCATE FOR R2,
SRI MAHANTESH S HOSMATH, ADVOCATE FOR R3,
R4 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:19.01.2019 PASSED IN MVC
NO.1375/2017 ON THE FILE OF THE XXII ADDITIONAL SMALL
CAUSE JUDGE & XX ACMM & MEMBER, MACT, BENGALURU
(SCCH-24), AWARDING COMPENSATION OF RS.4,98,700/-
WITH INTEREST AT THE RATE OF 8% P.A., FROM THE DATE OF
PETITION, TILL DEPOSIT.
IN MFA NO. 4490/2019:
BETWEEN:
RELIANCE GENERAL INSURANCE CO. LTD.,
UNNATTI ARCADE 5/111 & 6/112,
1ST FLOOR, 1ST MAIN, 1ST BLOCK,
DR RAJKUMAR ROAD,
RAJAJINAGAR
BENGALURU - 560 010
NOW REPRESENTED BY
ITS MANAGER,
RELIANCE GENERAL INSURANCE COMPANY LTD.,
NO 28 5TH FLOOR, EAST WING,
CENTENARY BUILDING, M G ROAD,
BENGALURU - 560 001
...APPELLANT
-7-
NC: 2025:KHC:35856
MFA No. 4489 of 2019
C/W MFA No. 4487 of 2019
MFA No. 4488 of 2019
HC-KAR AND MFA No. 4490 of 2019
(BY SRI. ASHOK N PATIL., ADVOCATE)
AND:
1. PRAVEEN KUMAR M,
NOW AGED ABOUT 22 YEARS,
S/O R MARIYAPPA,
KELIGINA DINAMAGHATTANAHALLI,
KENKERE GOWRIBIDANUR TALUK,
CHIKKABALLAPURA DISTRICT.
2. SHIVASHANKARAPPA C V,
MAJOR, S/O VENKATARAVANAPPA,
R/AT CHOLASHETTYHALLI,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA DISTRICT,
(R C OWNER CUM DRIVER OF CAR
REG NO KA-40-A-3160)
3. SRI MOHAMMAD SUBHANI,
MAJOR, CIVIL ENGINEER,
S/OLATE KHADER HUSSAIN SAB,
DNO 9-273 20/3/447,
II STREET MANSOOR NAGAR,
COMMUNIST ARCHY,
NELLORE - 524011, A. P.,
(R C OWNER OF CAR
REG NO AP-26-BC-0300)
4. SRI S ABDUL KHAYUM,
MAJOR IN AGE,
S/O ABDUL RAHIM,
R/AT D NO 11-19,
JETTI PALLEM STREET,
VAYALPAD TOWN AND MANDAL,
(DRIVER OF CAR REG NO AP-26-BC-0300).
...RESPONDENTS
(BY SRI. H.N. VENKATESH., ADVOCATE FOR
SRI. CHANDRASHEKARA N, ADVOCATE FOR R1,
SRI. V.C. SUDEEP, ADVOCATE FOR R2,
-8-
NC: 2025:KHC:35856
MFA No. 4489 of 2019
C/W MFA No. 4487 of 2019
MFA No. 4488 of 2019
HC-KAR AND MFA No. 4490 of 2019
SRI MAHANTESH S HOSMATH, ADVOCATE FOR R3,
R4 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 19/01/2019, PASSED IN MVC
NO.1377/2017, ON THE FILE OF THE XXII ADDITIONAL SMALL
CAUSES JUDGE & XX ACMM., & MEMBER, MACT, BENGALURU
(SCCH-24), AWARDING COMPENSATION OF RS.30,000/- WITH
INTEREST AT THE RATE OF 8% P.A., FROM THE DATE OF
PETITION, TILL DEPOSIT.
THESE APPEALS COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
The learned counsel of the appellant-Reliance General
Insurance Company Ltd. and the learned counsel for claimants
are present.
2. Learned counsel for respondent Nos.2, 3 and 4 are
absent.
3. Heard the arguments of both sides.
4. These appeals are filed by the Insurance Company
against the common judgment and award dated 19.01.2019 by
NC: 2025:KHC:35856
the XXII ASCJ & XX ACMM & Member, MACT, Bengaluru in MVC
Nos. 1374/2017, 1375/2017, 1376/2017 and 1377/2017.
5. The facts of the cases are that, on 28.11.2016, while
petitioners were proceeding in a car bearing No.KA-40-A-3160,
the driver of the said car driven it in a rash and negligent
manner and dashed to the car bearing No.AP-26-BC-0300
which was coming from opposite direction. In view of the same,
both the vehicles colluded with each other and the claimants
sustained severe injuries. So considering the said fact, the
charge sheet is filed against the driver of the car bearing
No.AP-26-BC-0300. Respondent Nos.3 and 4 are the owner
and driver, of the car bearing No.AP-26-BC-0300. The Tribunal
considering the fact that there was collusion of both the
vehicles, fixed up the liability at the rate of 50% on each of the
vehicles and directed all respondent Nos.1 to 4 to deposit the
amount. Respondent Nos.1 and 2 have to deposit 50% of the
compensation and respondent Nos.3 and 4 have to deposit
50% of the compensation. Aggrieved by the said order,
respondent No.2-insurance company has preferred all these
appeals.
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NC: 2025:KHC:35856
6. Learned counsel for the appellant-insurance company,
in all the appeals, mainly contended that there is no negligence
of the driver of the car bearing No.KA-40-A-3160, and the
accident occurred only due to the negligence of the driver of
the car bearing No.AP-26-BC-0300 and thus, requested to
exonerate them from paying the compensation. It is further
stated that the Tribunal has not properly considered FIR,
charge sheet and other documents. One Shaikh Akbar Ali gave
complaint before the police stating that the driver of the car
bearing No.AP-26-BC-0300 was solely responsible and as such,
the charge sheet is also filed against the owner and driver of
the said car. The owner and insurer of the car bearing No.KA-
40-A-3160 are not necessary parties and thus, requested to set
aside the impugned judgment to an extent of their liability.
7. As per Exhibit P.2-complaint, it is seen that
immediately after the accident, the said complaint was given by
S Akbar Ali, s/o. Anwar Basha, on 31.11.2016 stating that he
was working in Soudi Arabia. About a year back, he came to
Vayalpadu from Soudi Arabia. While he was returning to Saudi
Arabia on 28.11.2016, he left Vayalpadi in a car bearing
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NC: 2025:KHC:35856
No.AP-26-BC-0300. He was dropped in the airport and on the
next day morning, he came to know that the car driver S.
Abdul Khayyam was driving the said car bearing No.AP-26-BC-
0300 with high speed, as there was snow in front of the car, he
had not noticed the opposite car No.KA-40-A-3160 and dashed
the same. As a result, both the cars colluded with each other
and the inmates in both the cars sustained injuries, as such the
complainant requested to take action against driver of car
bearing No.AP-26-BC-0300. It was registered as Crime No. 162
of 2016 and the charge sheet is also filed against the owner
and driver of the car bearing No.AP-26-BC-0300. The Tribunal
considered the fact that there was collusion of both the vehicles
and fixed up the liability against respondent Nos.1 and 2 also
without any basis. Therefore, this Court finds that it is just and
reasonable to exonerate the liability against the appellant
herein (respondent No.2 before the Tribunal).
8. Learned counsel for the respondent-claimants has
relied upon the judgment of this Court in the case of
Karnataka State Road Transport Corporation, by its
Managing Director Vs. Arun @ Aravind and others
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reported in ILR 2004 Kar 2,6 in which it was contended that
when two or more vehicles are involved, compensation can be
recovered by claimants from any one of the joint tort feasors.
The Learned counsel also relied upon another judgment of this
High Court in the case of United India insurance company
Ltd. Vs. R. Chandra Reddy and others decided in MFA
No.11278 of 2008 dated 27.06.2012, in which it was held as
follows:
"accident occurring due to composite negligence of two or
more vehicles, the claimant can proceed against any one of
the joint tortfeasers is in accordance with the principles laid
down in Ganesh case referred to supra. In such a case, it is
not necessary for the Tribunal to determine the percentage of
negligence on the part of each of the tortfeasers, unless, one
of the joint tortfeasers asks for such determination so as to
enable such joint tortfeaser to proceed against the other joint
tortfeaser in the event of claimant proceeding to recover the
entire compensation amount from one of the joint
tortfeasers."
9. Here, this is not a case of composite negligence of
both the vehicles. The charge sheet is filed against the owner
and driver of the car bearing No. No.AP-26-BC-0300. The
claim petitions are filed against respondent Nos.1 and 2 before
the Tribunal also. If at all the charge sheet is filed against the
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drivers of both vehicles, then it can be treated as composite
negligence of both the drivers. The learned counsel of the
respondent-claimants further contended that there was mist at
that time and as such, both the drivers could not see the
vehicle. But, for the reasons best known to the Investigating
Officer, charge sheet is only filed against respondent Nos.3 and
4 in view of the complaint given under Exhibit P.2 and it was
not challenged by them, therefore now it cannot be presumed
that there was composite negligence. Therefore, both the
judgments relied upon by the claimant's counsel are not
applicable in this case.
10. In view of the above observation, I pass the
following order:
(i) All the appeals are allowed.
(ii) The claimants are at liberty to recover the
compensation from the owner and driver of car
bearing No.AP-26-BC-0300.
(iii) The owner of the vehicle bearing No.AP-26-BC-
0300 is directed to deposit the compensation
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amount granted in the above appeals within one
month from the date of this order.
(iv) On such deposit, the claimants are permitted to
withdraw the same along with interest accrued on
it.
(v) The amount deposited by the appellant herein is to
be transferred to Tribunal and refunded to him.
Sd/-
(P SREE SUDHA)
JUDGE
CS
