New India Assurance Co. Ltd., Vs Smt. Rathna — Motor Accident Claims | Karnataka HC (2026)

New India Assurance Co. Ltd., Vs Smt. Rathna — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

None - the Tribunal's award (Rs.23,95,000/- with 6% p.a. interest) stands undisturbed; Registry directed to send back original records, and the amount in deposit to be remitted back to the Tribunal for apportionment and disbursement of compensation in terms of the impugned judgment and award.

Issue for consideration

Whether the deceased, who was driving the Auto Rickshaw Reg.No.KA-03/AC-0714, was negligent to some extent so that liability should be apportioned, instead of being fastened 100% on the driver of the Lorry Reg.No.KA-51/B-4976 (sole ground urged in the insurer's appeal). +1 more

Court's answer

No ground to interfere with the Tribunal's finding of fact that the accident was the result of the rash and negligent act of the Lorry driver alone; the Auto Rickshaw driver did not contribute to the negligence; consequently no apportionment of liability, and the Insurance Company's appeal fails.

Ratio / Principle

On perusing the spot sketch Ex.P.3(a) relied on by the appellant-insurer, and noting that the FIR and charge-sheet (Section 279 IPC) were against the Lorry driver, the Court found no ground to doubt the Tribunal's negligence finding.

Key takeaways

The claimants/dependants produced no credible and cogent evidence that the deceased was earning Rs.20,000/- per month at the time of his death; hence the enhancement claim on that basis fails.ratio¶79
The Tribunal correctly took the monthly income of the deceased at Rs.13,750/-; the amount of compensation awarded does not require any interference and the claimants' enhancement appeal fails.ratio¶82

Detailed headnote1 paragraphs

Motor Accident Claims - MFA No.4644/2022 (insurer's appeal) and MFA No.3770/2023 (claimants' enhancement appeal) against award dated 15.03.2022 of the MACT/XV Addl. Small Causes Judge, Mayo Hall, Bengaluru in MVC No.2733/2019 - both appeals dismissed. Negligence: although the spot sketch Ex.P.3(a) showed the vehicles moving in opposite directions, the Court upheld the Tribunal's finding of fact that the accident was caused solely by the rash and negligent driving of the Lorry (Reg.No.KA-51/B-4976) - the Auto Rickshaw (Reg.No.KA-03/AC-0714) driven by the deceased had almost crossed the road near a petrol bunk and the Lorry was driven at high speed - corroborated by the FIR and charge-sheet under Section 279 IPC against the Lorry driver; no contributory negligence was apportioned. Quantum: claimants produced no credible and cogent evidence of the deceased earning Rs.20,000/- per month; the notional monthly income of Rs.13,750/- adopted by the Tribunal was held correct; compensation of Rs.23,95,000/- with interest at 6% p.a. from the date of petition required no interference. Original records and the amount in deposit ordered to be remitted to the Tribunal for apportionment and disbursement.

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NC: 2026:KHC:8925-DB MFA No. 4644 of 2022 C/W MFA No. 3770 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF FEBRUARY, 2026

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH AND

THE HON'BLE MR. JUSTICE S RACHAIAH MISCELLANEOUS FIRST APPEAL NO. 4644 OF 2022

(MV-D)

C/W

MISCELLANEOUS FIRST APPEAL NO. 3770 OF 2023

(MV-D)

IN MFA No. 4644/2022

BETWEEN:

Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

NEW INDIA ASSURANCE CO. LTD., MOTOR CLAIMS HUB, REGIONAL OFFICE, 9/2, II FLOOR, MAHALAKSHMI CHAMBERS, M.G. ROAD, BANGALORE-560 001.

(BY SRI. HARINI SHIVANANDA., ADVOCATE)

…APPELLANT

AND:

SMT. RATHNA AGED ABOUT 40 YEARS, W/O. LATE NARAYANASWAMY. V,

KUM. SOWMYA.N. AGED ABOUT 24 YEARS, D/O. LATE NARAYANASWAMY. V,

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MR. SUNIL.N AGED ABOUT 22 YEARS, S/O. LATE NARAYANASWAMY. V,

SRI. VIJAYAN AGED ABOUT 73 YEARS, S/O. MUNISWAMY,

SMT. RATHNAMMA AGED ABOUT 71 YEARS, W/O. VIJAYAN,

ALL ARE R/AT 16TH CROSS, 1ST MAIN, A. NARAYANAPURA, BANGALORE-16, AND ALSO AT 119, SWATHANTHRA NAGAR, CHIKKA BASAVANAPURA, K.R. PURAM, BANGALORE-560 049.

M/S. FIEM INDUSTRIES LTD., VILLA NO. 83, GOLDEN HOME, SARJAPURA ROAD, BIDARAGUPPE GRAM PANCHAYAT, ATTIBELE, BANGALORE-562 107.

…RESPONDENTS

(BY SRI. GURUDEVA PRASAD K T., ADVOCATE FOR R1 TO R5; VIDE ORDER DATED:13.02.2026, NOTICE TO R6 IS DISPENSED WITH)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.03.2022 PASSED IN MVC NO. 2733/2019 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MAYO HALL UNIT, BENGALURU, AWARDING COMPENSATION OF RS.23,95,000/WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION.

IN MFA NO. 3770/2023

BETWEEN:

SMT. RATHNA

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W/O LATE NARAYANASWAMY .V AGED ABOUT 41 YEARS,

KUM. SOWMYA N D/O LATE NARAYANASWAMY .V AGED ABOUT 25 YEARS,

MR. SUNIL N S/O LATE NARAYANASWAMY .V AGED ABOUT 23 YEARS,

SRI. VIJAYAN S/O MUNISWAMY AGED ABOUT 74 YEARS,

SMT. RATHNAMMA W/O VIJAY AT VIJAYAN, AGED ABOUT 72 YEARS,

ALL ARE R/AT 16^TH CROSS, 1^ST MAIN, A. NARAYANAPURA, BENGALURU-560016.

AND ALSO R/AT NUMBER 119, SWATHANTHARANAGAR, CHIKK BASAVANAPURA, K.R. PURAM, BENGALURU-560049.

...APPELLANTS

(BY SRI. GURUDEV PRASAD K T., ADVOCATE)

AND:

M/S NEW INDIA ASSURANCE CO., LTD., MOTOR CLAIMS HUB, NO.9/2, 2ND FLOOR, MAHALAKSHMI CHAMBERS, M.G. ROAD, BENGALURU-560049 BY ITS MANAGER.

THE MANAGER M/S FIEM INDUSTRIES LTD.,

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NC: 2026:KHC:8925-DB MFA No. 4644 of 2022 C/W MFA No. 3770 of 2023

HC-KAR

VILLA NO. 83, GOLDEN HOME, SARJAPURA ROAD, BIDARAGUPPE GRAMA PANCHAYAT, ATIBELE, BANGALORE PIN-562107.

...RESPONDENTS

(BY SRI. HARINI SHIVANANDA., ADVOCATE FOR R1; VIDE ORDER DATD:23.09.2023, NOTICE TO R2 IS DISPENSED WITH)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.03.2022 PASSED IN MVC NO. 2733/2019 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAYO HALL UNIT, BENGALURU (SCCH-19), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and

HON'BLE MR. JUSTICE S RACHAIAH

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The MFA No.4644/2022 is filed by the New India Assurance

Company Limited praying to set aside the impugned judgment

and award dated 15.03.2022 passed in M.V.C.No.2733/2019 on the file of the Motor Accidents Claims Tribunal (for short 'the Tribunal'), XV Additional Judge, Mayo Hall Unit, Bangalore.

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The MFA No.3770/2023 is filed by the claimants against the above said impugned judgment and award seeking to enhance the compensation awarded by the Tribunal.

The only ground urged by the learned counsel in the appeal filed by the Insurance Company is that 100% liability has been fastened on the driver of the Lorry bearing Registration No.KA-51/B-4976, whereas the deceased who was driving the Auto Rickshaw bearing Reg.No.KA-03/AC-0714 was also responsible to some extent for the accident being negligent while driving the Auto Rickshaw.

Learned counsel appearing for the claimants/dependants of the deceased however, submitted that the Tribunal has taken the notional income of the deceased at Rs.13,750/- per month. The Tribunal ought to have taken the monthly income of the deceased at Rs.20,000/- per month, as he was earning monthly income of more than Rs.20,000/- per month.

Learned counsel for the Insurance Company has drawn our attention to the sketch of the spot of the accident Ex.P.3(a) to suggest that both the vehicles were moving on opposite

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direction and the Auto Rickshaw came to the extreme right as the deceased driver failed to take due care, hence resulted in the accident.

She therefore, submits that the driver of the Auto Rickshaw was also responsible to some extent and therefore, seeks to apportion the liability and negligence. She further submits that the Tribunal has failed to take note of the documentary evidence. The liability at 100% fastened on the driver of the Lorry for the accident in question is incorrect and needs modification.

It has come on evidence that the driver of the Auto Rickshaw was coming to petrol bunk, where the accident took place. The Lorry got damaged on the right side which would suggest that the Auto Rickshaw had almost crossed the road and the driver of the offending vehicle was driving the Lorry in a high speed and was not careful in driving the Lorry in a slow speed near the Petrol Bunk. The Tribunal therefore, considering the aforesaid aspect has recorded a finding of fact that the lorry driver was responsible for causing of the accident and the

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driver of the Auto Rickshaw did not in any way contributed to the negligence.

We have perused the sketch relied upon by the learned counsel for appellant Ex.P.3(a). We do not find any ground to doubt the finding of Tribunal. It may also be noted that the FIR was lodged against the driver of the offending Lorry and the charge sheet also came to be filed against him, under Section 279 of IPC.

In view of the aforesaid facts, we do not find any ground to interfere with the finding of fact recorded by the Tribunal that the accident was the result of the rash and negligent act of the driver of the Lorry. We therefore, dismiss the appeal filed by the Insurance Company.

Insofar as the appeal filed by the claimants/dependants is concerned, the claimants have not produced credible and cogent evidence to suggest that the deceased was earning Rs.20,000/- per month at the time of his death. In the absence of credible evidence to prove the income of the deceased at Rs.20,000/- at the time of his death, we are of the view that

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the Tribunal has correctly taken the monthly income of the deceased at Rs.13,750/- and therefore, the amount of compensation does not require an interference.

Hence, we dismiss both the appeals. Registry to send back the original records to the concerned Tribunal for further action.

The amount in deposit to be remitted back to the concerned Tribunal for apportionment and disbursement of the compensation amount, in terms of the impugned judgment and award dated 15.03.2022 passed in MVC No.2733/2019 on the file of the MACT and XV Additional Judge, SCCH-19, Mayo Hall

Sd/(D K SINGH) JUDGE

Sd/(S RACHAIAH) JUDGE

NG CT: SN List No.: 1 Sl No.: 8