Liberty General Insurance vs Smt Anusha - Motor Vehicle Accident Appeal

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The Manager Liberty General Insurnace ... vs Smt Anusha on 17 March, 2026

-1-
MFA No. 7005 of 2021
C/W MFA No. 2185 of 2023

                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                     DATED THIS THE 17TH DAY OF MARCH, 2026
                                      PRESENT
                        THE HON'BLE MR. JUSTICE D K SINGH
                                        AND
                       THE HON'BLE MR. JUSTICE S RACHAIAH
             MISCELLANEOUS FIRST APPEAL NO. 7005 OF 2021 (MV-D)
                                        C/W
             MISCELLANEOUS FIRST APPEAL NO. 2185 OF 2023 (MV-D)

             IN MFA No. 7005/2021

             BETWEEN:

             1.    THE MANAGER
                   M/S. LIBERTY GENERAL INSURNACE CO. LTD.,
                   (FORMERLY KNOWN AS LIBERTY VIDEOCON
                   GENERAL INSURANCE CO. LTD.,)
                   PRESENTLY HAVING ITS OFFICE AT
                   NO. 21/15, "THE LANDMARK"
                   4TH FLOOR
                   NEAR TRINITY METRO STATION
                   MG ROAD BENGALURU - 560 001

Digitally REP. BY MANAGER
signed by
SREEDHARAN
BANGALORE
SUSHMA ...APPELLANT
LAKSHMI (BY SRI. RAVISHANKAR S SAMPRATHI, ADVOCATE)
Location: High
Court of
Karnataka AND:

             1.     SMT. ANUSHA
                    W/O LATE MANJUNATHA H S
                    AGED ABOUT 24 YEARS

             2.     MASTER NISCHITH S.M.
                    S/O. LATE MANJUNATHA H S
                    AGED ABOUT 5 YEARS
                        -2-
                                 MFA No. 7005 of 2021
                             C/W MFA No. 2185 of 2023

1. MASTER PREETHAM S M
   S/O LATE MANJUNATH H S
   AGED 2 YEARS

   SINCE RESPONDENT NO.2 AND 3 ARE
   MINORS REPRESENTED BY THEIR MOTHER
   AND NATURAL GUARDIAN 1ST RESPONDENT

2. SMT. SHARADAMMA
   W/O. HANUMANTHARAJU
   AGED ABOUT 50 YEARS

   ALL ARE RESIDING AT
   NO.3, SRIGIRIPURA
   MAGADI TALUK
   BENGALUGU RURAL DISTRICT

3. MANJUNATH R
   S/O. LATE RAMASWAMY

   SINCE DEAD REPRESENTED BY HIS LEGAL
   REPRESENTATIVE

5(a) SMT. BANNAMMA B
W/O. LATE MANJUNATH R
AGED ABOUT 29 YEARS
RESIDING AT NO.12/2, 10TH CROSS
JAI MARUTHI NAGAR
NANDINI LAYOUT
BENGALURU - 560 096.

                                    ...RESPONDENTS

(BY SRI. MUNIYAPPA C R GOWDA, ADVOCATE FOR C/R1-R4;
SRI. R SHASHIDHARA, ADVOCATE FOR R5)

 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE

JUDGMENT AND AWARD DT.28.10.2021 PASSED IN MVC
NO.2459/2019 ON THE FILE OF THE XVI ADDITIONAL JUDGE,
COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU,
(SCCH-14) AND ETC.,
-3-
MFA No. 7005 of 2021
C/W MFA No. 2185 of 2023

IN MFA NO. 2185/2023

BETWEEN:

1. SMT. ANUSHA
   

   W/O LATE MANJUNATH H.S.
   AGED ABOUT 24 YEARS,

2. MASTER NISCHITH S.M.
   

   S/O. LATE MANJUNATHA H.S.
   AGED ABOUT 5 YEARS

3. MASTER PREETHAM S.M.
   

   S/O LATE MANJUNATHA S.M.
   AGED ABOUT 2 YEARS

4. SMT.SHARADAMMA
   

   W/O HANUMANTHARAJU
   AGED 50 YEARS,

   SINCE APPELLANT NOS.2 & 3 ARE MINORS,
   REPTD. BY THEIR
   NATURAL GUARDIAN
   AND MOTHER
   SMT. ANUSHA-APPELLANT NO.1

   ALL ARE R/AT NO.3,
   SRIGIRIPURA,
   MAGADI TALUK,
   BENGALURU
   RURAL DISTRICT.
   ...APPELLANTS
   (BY SRI. RAJU S, ADVOCATE)

AND:

1. SRI. MANJUNATHA .R
   

   S/O LATE RAMASWAMY,

   SINCE DEAD BY HIS LR.,

1(a) SMT. BANNAMMA B
W/O. LATE MANJUNATH R
-4-
MFA No. 7005 of 2021
C/W MFA No. 2185 of 2023

  AGED ABOUT 34 YEARS
  RESIDING AT
  NO.12/2,
  10TH CROSS
  JAI MARUTHI NAGAR
  NANDINI LAYOUT
  BENGALURU NORTH
  BENGALURU - 560 096.

1. LIBERTY VIDEOCON GENERAL
   INSURANCE CO. LTD.,
   OFFICE NO.1, ALYASA,
   1ST FLOOR
   REAR PORTION,
   OLD NO.28
   NEW NO.23,
   RICHMOND ROAD
   BENGALURU - 25
   REPRESENTED BY ITS BRANCH MANAGER.

                                     ...RESPONDENTS
   

(BY SRI. RAVI S SAMPRATH, ADVOCATE FOR R2;
SRI. R SHASHIDHARA, ADVOCATE FOR LR., OF R1)

  THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST

THE JUDGMENT AND AWARD DATED 28.10.2021 PASSED IN
MVC NO.2459/2019 ON THE FILE OF THE MEMBER, MACT,
XVI ADDITONAL JUDGE, COURT OF SMALL CAUSES,
BENGALURU CITY (SCCH-14) AND ETC.,

  THESE APPEALS, HAVING BEEN RESERVED, COMING ON

FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY,
S RACHAIAH J, DELIVERED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE S RACHAIAH
-5-
MFA No. 7005 of 2021
C/W MFA No. 2185 of 2023

               CAV JUDGMENT (PER: HON'BLE MR. JUSTICE S RACHAIAH)

1. Heard Sri Raju S., learned counsel for the appellants, Sri

   Ravi S.Samprathi, learned counsel for the respondent

   No.2 and Sri R. Shashidhara, learned counsel for legal

   heir of deceased respondent No.1 in Miscellaneous First

   Appeal No.2185/2023.

2. Heard Sri Ravi S. Samprathi, learned counsel for the

   appellant, Sri Muniyappa C.R. Gowda, learned counsel

   for C/respondent Nos.1 to 4 and Sri R. Shashidhara,

   learned counsel for the respondent No.5 in Miscellaneous

   First Appeal No.7005/2021.

3. Miscellaneous First Appeal No.2185/2023 is filed by the

   claimants seeking enhancement of compensation, being

   aggrieved by the judgment and award dated 28.10.2021

   in MVC No.2459/2019 passed by the XVI Additional

   Judge, Court of Small Causes and MACT, Bengaluru,

   (SCCH-14) (for short 'Tribunal'), whereas, Miscellaneous

   First Appeal No.7005/2021 is filed by the Insurance

   Company challenging the quantum and liability of the

   Insurer.

-6- MFA No. 7005 of 2021 C/W MFA No. 2185 of 2023

1. The ranks of the parties before the Tribunal will be

   considered henceforth for convenience.

   The factual matrix of the case is as under:

2. On 04.09.2018 at about 10.30 p.m., Manjunath was

   proceeding as a pillion rider on the motorcycle bearing

   its registration No.KA.02.HK.5635 with his relative from

   Dabaspet towards Sreegiripura. It is further stated that

   the said motorcycle was being driven by its rider at a

   very high speed, recklessly and in a rash and negligent

   manner, endangering human life, without observing the

   traffic rules and regulations. When the said motorcycle

   reached near Honnenahalli Thandya, Sompura Hobli,

   Nelamangala Taluk, the rider of the motorcycle, without

   observing the road hump, lost his control over the

   vehicle, as a result of which, the pillion rider was thrown

   off from the motorcycle, consequently, he fell down and

   sustained grievous injuries on head, left shoulder, face

   and other parts of the body. He was shifted to Sparsh

   Hospital as an indoor-patient and then, shifted to

   Basavashree Diagnostics and then, shifted to Sparsh

   Hospital. However, he succumbed to the injuries on

   23.02.2019.

-7- MFA No. 7005 of 2021 C/W MFA No. 2185 of 2023

1. The claimants, being the legal heirs of the deceased

   Manjunath, approached the Tribunal for compensation.

   The Tribunal awarded Rs.32,56,100/- along with

   interest at the rate of 7% per annum from the date of

   the petition till its realization.

Miscellaneous First Appeal No.2185/2023

1. Being aggrieved by the order of the Tribunal, the

   claimants/appellants have preferred this appeal seeking

   for enhancement of compensation.

2. The learned counsel for the appellants contended that

   the deceased was running a barbershop and he was

   earning Rs.30,000/- per month, the said fact ought to

   have been considered by the Tribunal. However, the

   income of the deceased was taken at Rs.9,000/- per

   month, which needs to be enhanced. Similarly, the

   medical expenditure borne by the deceased was more

   than Rs.20,00,000/-. However, the Tribunal awarded a

   meagre amount as medical expenditure that needs to be

   modified.

3. It is further submitted that the compensation under

   other heads ought to have been enhanced by the -8- MFA No. 7005 of 2021 C/W MFA No. 2185 of 2023 Tribunal in accordance with the settled principles of law.

   Having failed to enhance the said compensation, resulted

   in filing of this appeal. Therefore, the compensation has

   to be re-determined as per the records produced before

   the Tribunal by allowing this appeal. Making such

   submissions, learned counsel for the appellants prays to

   allow the appeal.

4. Learned counsel for the respondent No.2/Insurance

   Company vehemently submitted that, in fact, both the

   quantum and liability are disputed and a separate appeal

   has been filed challenging the award passed by the

   Tribunal. Therefore, the compensation awarded by the

   Tribunal is against to the settled principles of law and

   hence, the same has to be reduced. Making such

   submissions, learned counsel for the respondent No.2

   prays to reject the appeal.

5. Be that as it may, the Tribunal has considered the

   income of the deceased is of Rs.9,000/- per month.

   However, there is no justification for considering the said

   income. In fact, the accident occurred on 04.09.2018.

   It is the submission of the learned counsel for the -9- MFA No. 7005 of 2021 C/W MFA No. 2185 of 2023 claimants that the deceased was working as a Barber

   and he was earning more than Rs.30,000/- per month.

   Having considered the said aspect, we deem it

   appropriate to consider the income of the deceased at

   Rs.14,000/- per month.

6. Further, it has also been considered that the appellants

   are the legal heirs of the deceased Manjunath, and there

   are four dependants in all. Therefore, 1/4th of the

   income of the deceased has to be deducted towards

   personal expenditure. The Tribunal has deducted

   accordingly. Hence, there is no irregularity in the said

   deduction.

7. Further, the loss of consortium had to be considered by

   the Tribunal as per the settled principle of law, i.e.,

   Rs.40,000/- per person.

8. Having considered the said aspects and also after having

   gone through the medical bills produced by the

   appellants before the Tribunal, we modify the award, as

   stated below in the table:-

• 10 - MFA No. 7005 of 2021 C/W MFA No. 2185 of 2023
• The modified table is as under:

Award amount
Sl.
Particulars (in Rupees)
No.
Tribunal This Court
01 Loss of dependency 19,27,800 29,98,800
[14,000+5600=19600x12x17
x1/4 =29,98,800/-]
02 Medical expenditure till death 12,58,300 12,58,300
03 Loss of Consortium 40,000 1,60,000
[40000x4]
04 Loss of Estate 15,000 15,000
05 Funeral Expenses 15,000 15,000
TOTAL 32,56,100 44,47,100
Therefore, we have enhanced the compensation as per the

chart stated above. The enhanced compensation has to be

divided as per the apportionment made by the Tribunal.

Miscellaneous First Appeal No.7005/2021
16. Learned counsel for the appellant/Insurance Company

  challenged the impugned award passed by the Tribunal,

  stating that the Tribunal committed an error in holding

  that the deceased was traveling as a pillion rider on the

  motorcycle.

1. It is further stated that, the deceased himself was riding

   the motorcycle as per Ex.R1 - MNC report. The

   motorcycle got skidded. The rider had fallen from the

• 11 -

MFA No. 7005 of 2021 C/W MFA No. 2185 of 2023 motorcycle and he had sustained injuries. The self-

     accident of the rider has been wrongly converted into that

     of a pillion rider, which is far from the truth. Therefore,

     the liability to pay the said amount would not arise.

1.   To substantiate the said contention, learned counsel for
   
     the appellant has relied on the following judgments:-
   

i) Ningamma v. United India Insurance
Company Limited1

ii) National Insurance Company Limited v.

Ashalata Bhowmik & Others2

iii) The New India Assurance Company Limited
v. Smt. Jyothi & Others3

iv) National Insurance Company Limited v.

Balakrishnan & Another4

v) New India Assurance Company Limited v.
Asha Rani & Others5

1.   Learned counsel for the respondents/claimants justified
   
     the award passed by the Tribunal in respect of the
   
     liability.       However, he has disputed the quantum 1 LAWS (SC) 2009 5 218 2 AIR 2018 SC 4133 3 MFA 2306/2023 dated 18.03.2025 4 2013 ACJ 199 5 2003 ACJ 1
   

• 12 -

MFA No. 7005 of 2021 C/W MFA No. 2185 of 2023 awarded by the Tribunal in respect of the loss of

  dependency and consortium.

1. Having heard learned counsel for the respective parties

   and on perusal of the award passed by the Tribunal

   insofar as the liability of the appellant is concerned, it is

   an undisputed fact that the names of the rider and pillion

   rider are one and the same. A complaint came to be

   registered by the complainant stating that the rider and

   pillion rider were proceeding on the motorcycle, and the

   rider of the motorcycle had made the motorcycle to

   jump on the road hump, due to his negligence.

   Consequently, the pillion rider fell down on the road and

   had sustained injuries. It is an admitted fact that a

   mahazar was drawn as per Ex.P2 which indicates that

   there was a road hump at the place where the accident

   had occurred.

2. It is needless to state that, the Motor Vehicles Act is a

   beneficial legislation. It is made and enacted for the

   purpose of awarding the compensation to sufferers who

   suffered injuries and also death of the family members

   in a road accident. When the eyewitnesses have stated

• 13 -

MFA No. 7005 of 2021 C/W MFA No. 2185 of 2023 that the rider and the pillion rider were proceeding on

  the     motorcycle,    and     both      persons    are   named   as

  Manjunatha, the liability certainly would be fixed on the

  Insurance Company.            Hence, the appeal filed by the

  Insurance Company challenging the liability and the

  quantum needs to be dismissed.

1. In the light of the observations made above, we proceed

   to pass the following:-

ORDER

i) Miscellaneous First Appeal No.2185/2023 filed by

the appellants/claimants is allowed-in-part.

ii) The judgment and award passed by the Tribunal

in M.V.C. No.2459/2019 dated 28.10.2021 is

modified. The claimants are entitled for a total

compensation of Rs.44,47,100/- (Rupees Forty

Four Lakh Forty Seven Thousand One Hundred

only) as against Rs.32,56,100/- awarded by the

Tribunal with interest at the rate of 6% per

annum on the enhanced compensation of

Rs.11,91,000/- from the date of filing of the

claim petition till the date of its realization.
- 14 -

MFA No. 7005 of 2021 C/W MFA No. 2185 of 2023

iii) The Insurance Company / respondent No.2 in

    Miscellaneous   First     Appeal     No.2185/2023   is

    directed to deposit the enhanced compensation

    amount together with interest within six weeks

    from the date of receipt of a copy of this

    judgment.

iv) Apportionment, disbursement and deposit of the

    enhanced compensation shall be made in terms

    of the award of the Tribunal.

v) Draw the modified award accordingly.

vi) Miscellaneous First Appeal No.7005/2021 filed by

    the Insurance Company stands dismissed.

vii) The amount deposited by the Insurance

    Company/respondent No.2 shall be transmitted

    to the Tribunal for necessary action.

viii) The Registry is directed to send a copy of this

    judgment to the Tribunal along with its record,

    forthwith.

• 15 -

MFA No. 7005 of 2021 C/W MFA No. 2185 of 2023 In view of the disposal of the appeals, all pending

  applications, if any, shall stand disposed of, as they do

  not survive for any consideration.

Sd/-

(D K SINGH)
JUDGE

                                     Sd/-

(S RACHAIAH)
JUDGE

Bss