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Karnataka High Court
The Branch Manager vs Sri. Veerendera And Ors on 21 January, 2026
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MFA No. 202141 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 202141 OF 2019 (MV-I)
BETWEEN:
THE BRANCH MANAGER,
NATIONAL INSURANCE CO. LTD.,
BRANCH OFFICE, NEAR NEHRU STADIUM,
BIDAR.
(VIDE POLICY NO.39010231146202039094
VALID FROM 17/09/2015 TO 16/09/2016)
NOW,
THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, BILGUNDI COMPLEX,
Digitally signed STATION ROAD, KALABURAGI-585102,
by LUCYGRACE THROUGH ITS AUTHORISED SIGNATORY.
Location: HIGH
COURT OF ...APPELLANT
KARNATAKA
(BY SRI SUDARSHAN M., ADVOCATE)
AND:
1. SRI VEERENDRA S/O SOMNATH,
AGED ABOUT 27 YEARS, OCC: PRIVATE SERVICE, AS
OT TECHNICIAN IN SANJEEVINI HOSPITAL,
BENGALURU,
R/O. KAMALNAGAR, TQ. AURAD,
DIST. BIDAR-585415.
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MFA No. 202141 of 2019
HC-KAR
2. SRI. SHRAVAN KUMAR S/O MALLIKARJUN,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. H.NO.10-2-69, MANGALPETH, BIDAR-585405.
(OWNER OF MOTORCYCLE NO.KA-38/L-9319).
3. SRI. BASAVASAGAR S/O GURUNATH BUTTE,
AGE: MAJOR, OCC: BUSINESS,
R/O. LIG-4, OPP. BALBHAVAN GARDEN,
KHB COLONY, BIDAR-585 401.
(OWNER OF MOTORCYCLE NO.KA-38/L-9909).
4. M/S. IFFCO TOKIO GENERAL INSURANCE CO. LTD.,
G1, G2, G12 & G13, ASIAN ARCADE,
NEAR AANAND HOTEL, S.B. TEMPLE ROAD,
KALABURAGI.
REPRESENTED BY ITS AUTHORITY ATTORNEY.
(POLICY NO.1-3 WSAMFL, VALID FROM
08.10.2015 to 07.10.2016)
...RESPONDENTS
(BY SRI JAIRAJ K. BUKKA, ADVOCATE FOR R2;
SRI S.S. ASPALLI, ADVOCATE FOR R4;
R1 AND R3 ARE SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND
AWARD DATED-01.02.2019 PASSED IN MVC NO.36/2017 BY
THE ADDL. SENIOR CIVIL JUDGE AND MACT AT BIDAR. AND
PASS SUCH OTHER ORDERS/ RELIEFS AS THIS HON'BLE
COURT DEEMS FIT AND PROPER IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
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MFA No. 202141 of 2019
HC-KAR
ORAL JUDGMENT
1. Heard the learned counsels for the parties.
2. This appeal is preferred by the National Insurance
Company, assailing the Judgment and award dated
01.02.2019 passed in MVC No.36/2017 on the file of the
Additional Senior Civil Judge and MACT, Bidar, (for short 'the
tribunal') awarding compensation to the claimants.
3. For the sake of convenience, the parties will be
referred to as per their ranking before the tribunal.
4. It is the case of the claimants before the tribunal
that, on 18.04.2016, the claimant was proceeding as a pillion
rider on motorcycle bearing registration No.KA-38/L-9319
along with his friend Vilas S/o. Vijaykumar Badiger and at
that time, the rider of another motorcycle bearing
registration No.KA-38/L-9909, being driven in a rash and
negligent manner dashed to the motorcycle in which the
claimant was travelling. As a result of the same, the claimant
sustained injuries and accordingly the claimant filed MVC
No.36/2017 seeking compensation. The said claim petition
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was contested by the respondents. In order to establish their
case, the claimant has examined two witnesses as P.W.1 and
P.W.2 and got marked 15 documents as Ex.P.1 to Ex.P.15.
The respondents have examined two witnesses as R.W.1 and
R.W.2 and got marked 7 documents as Ex.R.1 to Ex.R.7. The
Tribunal after considering the material on record by its
Judgment and award dated 01.02.2019, allowed the claim
petition in part and awarded compensation of Rs.7,45,304/-
along with interest at the rate of 9% per annum from the
date of petition till realization. It is also to be noted that the
Tribunal saddled the liability to an extent of 50% each on
both the vehicles involved in the case. Hence this appeal is
preferred by the appellant-Insurance company.
5. Heard Sri. Sudarshan M., learned counsel
appearing for the appellant, Sri. Jairaj K.Bukka, and Sri.
S.S.Aspalli, learned counsel for the respondent No.4.
6. Sri. Sudarshan M., learned counsel appearing for
the appellant contented that the tribunal has committed an
error in arriving at a conclusion that both the vehicles have
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contributed for the alleged accident, however, the alleged
accident occurred due to the offending motorcycle and the
said aspect of the matter was not properly considered by the
Tribunal and accordingly sought for interference of this
Court. It is also argued by the learned counsel appearing for
the appellant that the rider of the insured motorcycle bearing
registration No.KA-38/L-9319 was not holding driving licence
at the time of driving the motorcycle and therefore sought
for interference of this Court. It is also argued by the counsel
appearing for the appellant that the award of compensation
is on the higher side and the tribunal has erred in awarding
9% per annum as the interest in so far as the compensation
awarded which requires to be interfered with in this appeal.
7. Per contra, Sri. S.S.Aspalli, learned counsel
appearing for the respondent No.4 sought to justify the
impugned Judgment and award passed by the Tribunal.
Claimant Nos.1 and 3 served with the notice and remained
absent.
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8. In the light of the submissions made by the
learned counsels appearing for the parties, it is not in dispute
as to the occurrence of the accident on 18.04.2016, in which
the claimant sustained grievous injuries as per Ex.P.6 and
Ex.P.7. It is the contention of the learned counsel appearing
for the appellant that there is dispute with regard to the
driving licence of the vehicle in question. In this regard, on
careful consideration of the finding recorded by the Tribunal
on Issue No.3, wherein the Tribunal has rightly negated the
contentions raised therein and therefore, I am of the view
that same cannot be interfered with in this appeal.
9. However, insofar as the award of compensation is
concerned, the Tribunal after considering the entire material
record has rightly awarded compensation to the claimant,
which requires to be confirmed in this appeal. It is also to be
noted that the perusal of the finding recorded by the Tribunal
at paragraph No.33 makes it clear that both the motorcycles
have contributed for the alleged accident in which the
claimant has sustained injuries and in that view of the
matter, the contributory negligence fastened on both the
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vehicles by the Tribunal requires to be confirmed. However,
insofar as the contention of the learned counsel appearing
for the appellant as to the award of interest at the rate of
9% is concerned, I find force in the submission made by the
learned counsel appearing for the appellant that the Tribunal
has committed an error in not considering the prevailing
bank interest during the relevant period. In that view of the
matter, I am of the view that, the Tribunal ought to have
awarded interest at the rate of 6% p.a. in respect of the
compensation amount awarded from the date of petition till
realization. To that extent the appeal is hereby interfered
with the impugned Judgment and award.
10. Hence I pass the following :
ORDER
(i) The appeal is allowed in-part;
(ii) The Judgment and award dated
01.02.2019 in MVC No.36/2017 on the file of
Additional Senior Civil Judge and MACT, Bidar, is
hereby set aside in respect of awarding of interest
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at the rate of 9% p.a. instead of 6% p.a. on the
compensation awarded by the Tribunal;
(iii) No interference is called for insofar as
the apportionment of liability and awarding
compensation to the claimants is concerned;
(iv) The amount in deposit be transmitted
to the tribunal forthwith.
Sd/-
(E.S.INDIRESH)
JUDGE
SVH
List No.: 1 Sl No.: 8
CT:PK
