THE MANAGER vs PREMA

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:58987
MFA No. 1807 of 2025


CNR: KAHC010162012025




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 17 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

MISCELLANEOUS FIRST APPEAL NO. 1807 OF 2025

(MV-D)

BETWEEN:

THE MANAGER
SHRIRAM GENERAL INSURANCE CO. LTD.,
HIRIYUR-577599.
CHITRADURGA DISTRICT
NOW REP BY
SHRIRAM GENERAL INSURANCE COMPANY LTD.,
RD
NO.3/5, 3 FLOOR, S V ARCADE,
BILEKAHALLI MAIN ROAD
OFF. B G MAIN ROAD, IIMB POST,
BENGALURU-560076.
…APPELLANT
(BY SRI MALLIKARJUNA REDDY N.A., ADVOATE FOR
SRI. PRADEEP B., ADVOCATE)

AND:

1. PREMA
W/O. LATE SHANKAR,
AGED ABOUT 53 YEARS
TH
R/O. 5 CROSS, BAPUJI NAGARA,
SHIVAMOGGA.

2. CHITTAPPA R.,
S/O. RANGASWAMY,
R/O. KAMBADEVARAHATTI,
MYAKALURAHALLI,
HIRIYUR-577599.
CHITRADURGA DISTRICT.











Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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NC: 2026:KHC:58987
MFA No. 1807 of 2025


CNR: KAHC010162012025


OWNER OF FORCE GOODS VEHICLE
NO. KA.16.D0907.
…RESPONDENTS
(BY SRI. JAYANTH KUMAR M., ADVOCATE FOR
SRI. DILIP KUMAR D.B., ADVOCATE FOR R1;
V/O DATED 13.06.2025 NOTICE TO R2
IS HELD SUFFICIENT)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 22.10.2024 PASSED IN MVC
NO.53/2022 ON THE FILE OF THE II ADDITIONAL DISTRICT
JUDGE AND AMACT-II, SHIVAMOGGA, AWARDING
COMPENSATION OF RS.16,82,850 /- WITH INTEREST AT 6
PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT
This appeal is filed by the insurer challenging the
judgment and award dated 22.10.2024 passed in MVC
No.53/2022 by II Additional District and Judge and MACT –II,
Shivamogga.
2. Respondent No.1 made a claim petition praying to
award compensation for the death of her son Avinash in a
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
NC: 2026:KHC:58987
MFA No. 1807 of 2025


CNR: KAHC010162012025


road traffic accident occurred on 20.12.2021 at 12:00 a.m.
contending that the accident occurred due to the rash and
negligent driving of the driver of goods vehicle bearing
registration No. KA-16/D-0907. The Tribunal after recording
evidence appreciating the evidence on record has awarded
total compensation of Rs.16,82,850/- with interest at the
rate of 6% per annum from the date of petition till realization
and directed the appellant herein (respondent No.2 before
the Tribunal) to deposit the award amount with interest. The
appellant aggrieved by the said liability fastened on it has
filed the present appeal.
3. Learned counsel for appellant would contend that
the FIR –Ex.P1 has been filed by Smt.Prema, the mother of
the deceased and in that it is mentioned that the Sandesh
was driving goods vehicle bearing registration No.KA-16/D-
0907. Subsequently in the charge sheet, it is mentioned that
one Nandeesh was driving the goods vehicle bearing
registration No.KA-16/D-0907 and the said Nandeesh has
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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MFA No. 1807 of 2025


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been substituted for Sandesh only on the ground that the
Sandesh had no driving licence, in collusion with the police
officials in order to claim the compensation from the
Insurance Company. The post mortem report –Ex.P14
indicate that the deceased had consumed alcohol to the
extent of 60.93 mg/100 ml of blood and it is exceeding the
limit mentioned in Section 185 of Motor Vehicles Act,
therefore, the deceased was also negligent in riding his
motorcycle and therefore, liability is to be fastened on the
owner of the vehicle. On that point he placed reliance on the
decision of the Madras High Court in case of K. Shanmugam
1
Vs V. Krishnamurty . With these, he prays to allow the
appeal.
4. Learned counsel for respondent No.1 -claimant
No.1 would contend that the complaint has been filed by
Prema, the mother of the deceased. The said Prema was not
the eyewitness to the accident. She has given complaint
based on the information given to her by some other person.

1
In AIR OnLine 2019 MAD 1102
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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MFA No. 1807 of 2025


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The deceased was only son to the claimant -Prema, who had
filed first information. The said Prema -claimant, mother of
the deceased, is a widow, and she was under agony due to
the death of her son in the road traffic accident and her
statement in first information cannot be taken as truth. The
said charge sheet has been filed against Nandeesh for rash
and negligent driving of goods vehicle bearing registration
No.KA-16/D-0907 in causing the accident. The FIR is not an
encyclopaedia to contain all the details and on that point, he
placed reliance on the decision of the Hon'ble Apex Court in
the case of Baldev Singh and Another Vs State of
2
Punjab . He further contends that the consumption of
alcohol by the deceased/rider of the motorcycle has not
caused the accident. There was no nexus of alcohol
consumption by the deceased and the accident. The driver of
goods vehicle drove his vehicle in a wrong way/one way and
dashed against the motorcycle of the deceased. The charge
sheet has not been filed against the deceased for rash and

2
In (1995) 6 SCC 593
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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MFA No. 1807 of 2025


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negligent driving of his Activa two-wheeler. He placing
reliance on the decision of the Co-ordinate Bench of this
Court in the case of Karnataka State Road Transport
3
Corporation Vs Smt. Shashikala B. and others contend
that the consumption of alcohol would not be sufficient to
saddle contributing negligence on the deceased. With these,
he prayed to dismiss the appeal.
5. Having heard learned counsels, the Court has
perused impugned judgment, award and trial Court records.
6. The accident occurred on 20.12.2021 at 12:00
midnight. The deceased along with his friend Nazarulla was
proceeding on Honda Activa Motor Cycle and at that time the
deceased was riding and his friend Nazarulla was pillion rider.
The deceased and his friend were near Deepak Patrol Bunk,
B. H. Road, Shivamogga and at that time the driver of goods
vehicle bearing No.KA-16/D-0907 came from opposite
direction and dashed to the motorcycle of the deceased. Due

3
In MFA No.6208/2023 dated 29.08.2026
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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MFA No. 1807 of 2025


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to the said accident, deceased sustained injuries and
succumbed to the injuries in the hospital.
7. The mother of the deceased Prema had lodged
first information at 07:00 a.m. on 20.12.2021 and based on
that Ex.P1 FIR has been registered against one Sandesh as a
driver of goods vehicle bearing registration No.KA-16/D-0907
pickup goods vehicle. The said Prema was not an eyewitness
to the accident and he has filed the first information on the
basis of information given to her by friends of the deceased.
The police after investigation filed charge sheet -Ex.P9
alleging that the Nandeesh drove goods vehicle bearing
registration No.KA-16/D-0907 in a rash and negligent
manner, came in opposite direction and dashed to the Activa
Scooter of the deceased. The said Nandeesh has been
arrayed as accused No.1 in the charge sheet and offences
alleged against him are Sections 279, 337, 304A of IPC. The
deceased was arrayed as accused No.2 and offence alleged
against him is Section 185 of Motor Vehicles Act. The charge
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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MFA No. 1807 of 2025


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sheet has not been filed against the deceased for rash and
negligent driving for offences punishable under Section 279
of IPC.
8. Ex.P11 is the sketch of the spot of the accident.
The deceased was driving his Honda Activa vehicle on the left
side of the road and Goods vehicle came from opposite
direction in a wrong way and dashed to the motorcycle of the
deceased. Since the driver of the goods vehicle drove in a
wrong way, came from opposite direction and dashed to the
deceased vehicle itself clearly indicate that entire rash and
negligent driving is attributed to the driver of the goods
vehicle bearing registration No.KA-16/D-0907. The police,
after investigation, filed the charge sheet against the said
Nandeesh for rash and negligent driving of goods vehicle. The
appellant -insurer has not chosen to examine the
investigating officer or any of the eye witnesses to the
incident or the persons who gave information to Prema, on
the basis of which she has filed first information.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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MFA No. 1807 of 2025


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9. Ex.P14 is the post mortem report wherein the
doctor has given his final opinion that the deceased blood has
responded for presence of ethanol alcohol and quantum of
ethanol alcohol is 60.93 mg/100 ml of blood. Even though,
the said alcohol found is excess of the limit mentioned in
Section 185 of the Motor Vehicles Act, no negligent driving be
attributed to the deceased. The said consumption of alcohol
has no nexus to the accident. The accident occurred as driver
of the goods vehicle came on wrong side i.e., from the
opposite side of the deceased and caused the accident.
Considering the said aspect, the decision relied upon by the
learned counsel for appellant of the Madras High Court i.e.,
K. Shanmugam (supra) does not help the case of the
appellant. Considering the said aspect, the Tribunal had
rightly fastened the liability on the appellant -insurer to pay
the compensation awarded. The appellant -insurer has not
challenged the quantum of compensation awarded to the
Tribunal. In view of the same, the appeal filed by the insurer
deserves to be dismissed and accordingly, it is dismissed.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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MFA No. 1807 of 2025


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10. Send back the trial records to the Tribunal.
11. Amount in deposit is ordered to be transmitted to
the Tribunal.

Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

(SHIVASHANKAR AMARANNAVAR)
JUDGE




DSP
CT:SM
List No.: 1 Sl No.: 9