M/S NATIONAL INSURANCE CO. LTD vs SAROJA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:57174
MFA No. 3733 of 2020
CNR: KAHC010105212020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 3733 OF 2020
(MV-D)
BETWEEN:
M/S NATIONAL INSURANCE CO. LTD.,
SRI MANJUNATHESHWARA COMPLEX
OLD BUS STAND ROAD, HASSAN.
AND ALSO AT
THE NATIONAL INSURANCE CO. LTD/.
REGIONAL OFFICE: SHUBHARAM COMPLEX,
#144, M.G. ROAD,
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court of
Karnataka
BANGALORE - 560 025.
REP. BY ITS MANAGER.
…APPELLANT
(BY SRI. K. SRIDHARA., ADVOCATE)
AND:
1. SAROJA,
W/O H. B. MALLESH,
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HC-KAR
NC: 2026:KHC:57174
MFA No. 3733 of 2020
CNR: KAHC010105212020
AGED ABOUT 51 YEARS,
R/O RAGI LPURA VILLAGE,
HETHUR HOBLI,
SAKALESHPURA.
2. H. B. MALLESH,
S/O LATE BASAVEGOWDA,
AGED ABOUT 61 YEARS,
R/O RAGI LPURA VILLAGE
HETHUR HOBLI,
SAKALESHPURA.
…RESPONDENTS
(BY SRI. GIRISH B. BALADARE., ADVOCATE FOR R1 AND R2)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 08.01.2020, PASSED IN
MVC.NO.126/2018, ON THE FILE OF THE SENIOR CIVIL JUDGE
AND ADDITIONAL M.A.C.T. AT SAKALESHPUR, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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HC-KAR
NC: 2026:KHC:57174
MFA No. 3733 of 2020
CNR: KAHC010105212020
ORAL JUDGMENT
1. This appeal has been filed by the appellant – Insurance
Company being aggrieved by the judgment and award
passed by the Tribunal dated 08.01.2020 passed in MVC
No.126/2018 on the file of learned Senior Civil Judge and
MACT, Sakaleshpur, wherein the Tribunal awarded fixed
compensation amount of Rs.5,00,000/- with interest at
6% per annum under Section 163-A of the Motor Vehicles
Act,1989.
2. The rank of the parties will be considered henceforth as
per their rankings before the Trial Court.
3. The facts of the case are that the appellant Insurance
Company had issued insurance policy in favour of
deceased Umashankar R.M. for the motorcycle bearing
Reg. No. KA-46-J-6202. The respondents No.1 and 2
claims to be the parents of the deceased, had filed claim
petition under Section 163(A) of M.V.Act for
compensation against the insurer of the said motorcycle
for the alleged death of their son in a self accident which
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HC-KAR
NC: 2026:KHC:57174
MFA No. 3733 of 2020
CNR: KAHC010105212020
alleged to have occurred on 24.12.2015 at about 10.30
a.m. while riding insured motorcycle, was against a Omni
Van bearing Reg. No KA-01-MA-9090.
4. Heard Sri. K. Sridhara, learned counsel for the appellant
and Sri. Girish B Baladare, learned counsel respondents
No.1 and 2.
5. It is contended that regarding self accident by the
deceased himself, the terms and conditions of the policy
and contract of insurance ought to have been considered.
However, the Tribunal has failed to consider the same. It
is further submitted that the compensation awarded by
the Tribunal is only based on guess work which is
erroneous and liable to be set aside. Making such
submissions, learned counsel for the appellant prays to
allow the appeal.
6. Per contra, learned counsel for the respondent justified
the award passed by the Tribunal and prays to dismiss
the appeal filed by the Insurance Company.
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HC-KAR
NC: 2026:KHC:57174
MFA No. 3733 of 2020
CNR: KAHC010105212020
7. Having heard learned counsel for the respective parties
and on perusal of the findings of the Tribunal, respondent
Nos. 1 and 2 are the parents of the deceased
Umashankara R.M. It appears that the death of their son
was a self-accident which is said to have occurred on
24.12.2015, while riding a motorcycle bearing
registration number KA-46-J-6202 and he dashed against
an Omni Van bearing Reg. No. KA-01-MA-9090 at about
10:30 AM. A charge sheet has been filed against the
deceased himself. The deceased himself was the owner-
cum-insured.
8. Section 163-A of the Motor Vehicles Act, 1988 reads as
under:
163A. Special provisions as to payment of
compensation on structured formula basis.—
(1) Notwithstanding anything contained in this Act or
in any other law for the time being in force or
instrument having the force of law, the owner of the
motor vehicle of the authorised insurer shall be
liableto pay in the case of death or permanent
disablement due to accident arising out of the use of
motor vehicle, compensation, as indicated in the
Second Schedule, to the legal heirs or the victim, as
the case may be.
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MFA No. 3733 of 2020
CNR: KAHC010105212020
Explanation.—For the purposes of this sub-section,
“permanent disability” shall have the same meaning
and extent as in the Workmen’s Compensation Act,
1923 (8 of 1923).
(2) In any claim for compensation under sub-section
(1), the claimant shall not be required to plead or
establish that the death or permanent disablement in
respect of which the claim has been made was due
to any wrongful act or neglect or default of the
owner of the vehicle or vehicles concerned or of any
other person.
(3) The Central Government may, keeping in view
the cost of living by notification in the Official
Gazette, from time to time amend the Second
chedule.
9. Section 163-A of the Motor Vehicles Act, 1988 provides a
no-fault liability system that allows accident victims or
their legal heirs to claim compensation for death or
permanent disablement without proving that the driver or
owner was negligent.
10. The above said provisions is relating to only to a
special category of the victims of road accidents where
the annual income does not exceed Rs.40,000/-.
11. In the present case, two vehicles are involved in the
road accident. The legal heirs of the deceased are at
liberty to claim compensation even against the other
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HC-KAR
NC: 2026:KHC:57174
MFA No. 3733 of 2020
CNR: KAHC010105212020
vehicle involved in the said accident. Therefore, on
considering the terms and conditions of the policy, the
owner of the vehicle is entitled compensation only up to
Rs.1,00,000/-. Therefore, it is deem it appropriate to
grant the same in favour of the claimants/respondents.
12. In the light of the observations made above, I
proceed to pass the following:
:ORDER:
i. The appeal is allowed-in-part.
ii. The Judgment and award dated 08.01.2020, passed in
MVC No.126/2018, on the file of learned Senior Civil
Judge and MACT, Sakaleshpur is set aside.
iii. The respondents/claimants are entitled to receive a
compensation of Rs.1,00,000/- along with interest at the
rate of 6% per annum from the date of petition till its
reliazation.
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MFA No. 3733 of 2020
CNR: KAHC010105212020
iv. The claimants are at liberty to approach the Tribunal to
seek compensation in accordance with law against the
another vehicle.
v. The Registry is directed to send TCR to the Tribunal
forthwith to comply with the order.
vi. The parties are directed to appear before the Tribunal on
23.11.2026.
vii. All the contentions of the parties are kept open.
Sd/-
(S RACHAIAH)
JUDGE
JS
List No.: 1 Sl No.: 44