IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL No.2306/2023(MV-D)

BETWEEN:

THE NEW INDIA ASSURANCE CO., LTD., NO.2951, CHAMUNDIPURAM, JLB ROAD, MYSORE.

REPRESENTED BY MOTOR THIRD PARTY CLAIMS HUB, MAHALAKSHMI CHAMBERS, NO.9, 2^ND FLOOR, M. G. ROAD, BANGALORE – 560 001 REPRESENTED BY ITS MANAGER … APPELLANT (BY SRI RAVISHANKAR C.R., ADVOCATE)

AND:

Digitally signed by

1. SMT. JYOTHI ROOPA R U AGED ABOUT 27 YEARS, Location: W/O LATE SIDDARAMU High Court of Karnataka 2. KUM. LIKHITHA S AGED ABOUT 08 YEARS D/O LATE SIDDARAMU 3. KUM. NIHARIKA S AGED ABOUT 05 YEARS, D/O LATE SIDDARAMU, THE RESPONDENTS NO.2 & 3 ARE MINORS REPRESENTED BY THEIR NEXT FRIEND GUARDIAN, MOTHER, SMT. JYOTHI, THE RESPONDENTS NO.1 TO 3 ARE R/AT ALADAHALLI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT.

4. SRI SIDDEGOWDA, MAJOR, AGED ABOUT 70 YEARS, S/O SRI KULLEGOWDA, R/AT ALADAHALLI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT. … RESPONDENTS (BY SRI VINAY BHAT, ADVOCATE FOR R1 TO R3;

R2 & R3 ARE MINORS REPRESENTED BY R1;

R4 SERVED AND UNREPRESENTED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 03.01.2023 PASSED IN MVC NO.665/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, AWARDING COMPENSATION OF RS.17,64,936/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS ENTIRE REALIZATION.

THIS APPEAL COMING ON FOR FURTHER HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL AND HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL)

Challenging the judgment and award in MVC No.665/2019 on the file of the Senior Civil Judge and MACT, Malavalli, the Insurer has preferred this appeal.

2. Respondent Nos.1 to 3 were claimant Nos.1 to 3, respondent No.4 was respondent No.1 and appellant was respondent No.2 in MVC No.665/2019 before the Tribunal. For the purpose of convenience, parties are referred according to their ranks before the Tribunal.

3. Claimant No.1 is wife, claimant Nos.2 and 3 are minor daughters and respondent No.1 is the father of deceased Siddaramu. On 29.05.2018 at about 7.10 p.m., when Siddaramu was riding Bajaj motorcycle bearing Regn. No.KA- 11-L-0391 on Aladahalli-Hittanahallikoppalu road within the limits of Kirugavalu Police Station, he hit the road side tree and suffered grievous injuries. He succumbed to the injuries when he was being shifted to the hospital.

4. Regarding the incident, on the complaint of one Shivalingaiah.M, ASI of Kirugavalu Police Station, FIR as per Ex.P.1 in Crime No.155/2018 was registered against Siddaramu himself. On investigation, charge sheet Ex.P.6 was filed against him for the offences punishable under Sections 279 and 304A of Indian Penal Code, 1860 and Section 181 of IMV Act. At the time of the accident, respondent Nos.1 and 2 were the registered owner and insurer of the motorcycle bearing No.KA-

11-L-0391.

5. Claimants filed MVC No.665/2019 against the respondents under Section 163A of the Motor Vehicles Act, 1988 intending that accident and death arose out of use of motor vehicle, that they were depending on the income of the deceased, due to his death, they have suffered damages and they claim compensation of Rs.25,00,000/-.

6. Respondent Nos.1 and 2 contested the petition denying occurrence of accident in the manner alleged, age, occupation and income of the deceased. Respondent No.1 contended that the deceased had no driving license. Respondent No.1 contended that when he was admitted in the hospital, deceased had used his vehicle without his knowledge and authority. He further contended that liability, if any, is payable by respondent No.2 as the vehicle was insured with respondent No.2. Respondent No.2 contended that the policy did not cover any personal accident risk and