HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 293 OF 2015 (MV)

C/W MISCELLANEOUS FIRST APPEAL NO.6405 OF 2014(MV-D)

IN MFA No. 293/2015 BETWEEN:

1. SRI.RACHAIAH, S/O LATE MUGASHETTY, AGED ABOUT 59 YEARS, 2. SMT. SAKAMMA, W/O RACHAIAH, AGED ABOUT 44 YEARS, BOTH ARE RESIDING AT NO.42, MARISWAMAPPA GARDEN, AJAD NAGAR (VITAL NAGARA)

CHAMARAJPET, BENGALURU - 560026.

…APPELLANTS Digitally signed by KORLAHALLI B LoH cA aR tiA onT :H HID IGE HV I CK OR UIS RH TN O A FCHARYA (BY SRI. RAJU S., ADVOCATE)

KARNATAKA AND:

1. SRI. JAYATHIRTHA K.R., S/O K.S. RAGHAVENDRA, AGE: MAJOR, RESIDING AT NO.138, 17^TH CROSS, 1^ST "A" MAIN ROAD, GANGAMMA LAYOUT, BANASHANKARI 1ST STAGE, ASHOKNAGARA, BENGALURU - 560 050.

HC-KAR

2. THE NEW INDIA INSURANCE CO.LTD., NO.40, LAKSHMI COMPLEX, 2ND FLOOR, OPP: VANIVILAS HOSPITAL K.R. ROAD, KOTE, BENGALURU -560002 …RESPONDENTS (BY SRI. C.R.RAVI SHANKAR, ADVOCATE FOR R2, R1 SERVED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.06.2014 PASSED IN MVC NO.307/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & C.J.M, MACT, RAMANAGARA, IN MFA NO. 6405/2014 BETWEEN:

1. THE NEW INDIA INSURANCE COMPANY LTD NO.40, LAKSHMI COMPLEX, 2^ND FLOOR, OPP. VANI VILAS HOSPITAL, K.R.ROAD, KOTE, BENGALURU-560002 REPRESENTED BY THE MANAGER-MOTOR TP HUB THE NEW INDIA ASSURANCE COMPANY LTD REGIONAL OFFICE, MAHALAKSHMI CHAMBERS NO.9, M.G. ROAD, BENGALURU-560001.

...APPELLANT (BY SRI. C.R.RAVISHANKAR, ADVOCATE)

AND:

1. SRI. RACHAIAH S/O LATE MUGASHETTY AGED ABOUT 57 YEARS

2. SMT. SAKAMMA W/O RACHAIAH AGED ABOUT 43 YEARS HC-KAR BOTHT ARE R/A NO.42, MARISWAMAPPA GARDEN AJAD NAGAR(VITTAL NAGAR)

CHAMARAJAPET, BENGALURU-560026.

3. SRI JAYATHIRTHA K.R., S/O K.S.RAGHAVENDRA MAJOR R/A NO.138, 17^TH CROSS, 1^ST 'A' MAIN ROAD, GANGAMMA LAYOUT, BANASHANKARI 1^ST STAGE, ASHOK NAGAR, BENGALURU - 560050.

...RESPONDENTS (V/O DATED 11.10.2017, SRI. RAJU S., ADVOCATE FOR R1 AND R2;

R3 SERVED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.06.2014 PASSED IN MVC NO.307/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, CJM, MACT, RAMANAGARA, THESE APPEALS, HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 24.06.2025 COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA

CAV JUDGMENT

Both these appeals arises out of judgement and award dated 17/06/2014 in MVC.No.307/2011 passed by Additional Principal Senior Civil Judge, CJM at Ramanagara (for short 'the Tribunal'). The Insurer has filed HC-KAR MFA.No.6405/2014 and claimants have filed MFA.No.293/2015. Both these matters are taken up together for disposal.

2. The parties are referred to as per their ranking before the Tribunal.

3. The brief facts of the case are that, on

12.07.2011 deceased Somasekhara @ Sony, after completion of his work was returning on his motorcycle bearing registration No.KA-05-HJ-625 on BM road at Bengaluru. At Dasappanadoddi gate due to skid of motorcycle, he fell down and sustained grievous head injuries. While undergoing treatment, he succumbed to injuries on 13.07.2011.

4. The claimants being the parents of the deceased filed this claim petition for compensation under Section 163(A) of Motor Vehicle Act, 1988 (for short 'Act')

seeking compensation of ₹10,00,000/-.

HC-KAR

5. Respondent No.1 is the owner and respondent No.2 is the insurer of the offending motorcycle bearing registration No.KA-05-HJ-625. Respondent No.1 did not appear before the Tribunal and respondent No.2 has appeared and filed written statement, denying contents of the claim petition. It has further contended that its liability is restricted to terms and conditions of policy of insurance. It also contended that the incident occurred due to negligence of rider of the vehicle and the policy does not cover the risk of owner or rider of the vehicle, but only third party, Therefore, the insurer is not liable to pay