IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 3189 OF 2019 (MV-I)

BETWEEN:

RAMESH GOWDA H M S/O R.MUNIYAPPA, AGE MAJOR, MADAPURA VILLAGE, HALE PALYA POST, MALUR TALUK, KOLAR DISTRICT.

…APPELLANT (BY MISS SWATI G. HEGDE, ADVOCATE FOR SRI PAVANA CHANDRA SHETTY H., ADVOCATE)

AND:

1. MASTER SARBJITH SINGH S/O RAVINDRA SINGH, AGED ABOUT 18 YEARS, # 9, SRI. NAGAKALYAMMAN, MAIN ROAD, BHARATH NAGAR, THANISANDRA MAIN ROAD, BENGALURU-560 045.

2. M/S. UNITED INDIA INS. CO. LTD.

MOTOR CLAIMS HUB, NO.18, 6^TH FLOOR, NEAR KRUSHI BHAVAN, HUDSON CIRCLE, BENGALURU-560 001, REP BY ITS BRANCH MANAGER.

…RESPONDENTS (BY SRI. K.T.GURUDEVA PRASAD, ADVOCATE FOR R-1;

SRI. P.B.RAJU, ADVOCATE FOR R-2)

THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S

173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 15.07.2015 PASSED BY THE COURT OF V ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MACT, MAYOHALL UNIT, BANGALORE, SCCH-20, IN M.V.C.NO.2951/2014 AND FIXED THE LIABILITY AGAINST THE INSURANCE COMPANY, IN THE INTEREST OF JUSTICE.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 23.10.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV JUDGMENT

The present appeal is filed to set aside the judgment and award dated 15.07.2015 in MVC No.2951/2014, passed by the V Additional Judge, Court of Small Causes and MACT, Mayohall Unit, Bangalore (herein after referred to as ‘the Tribunal’ for short).

2. The appellant herein is the respondent No.2 before the Tribunal, respondent No.1 herein is the petitioner/claimant before the Tribunal and the respondent No.2 herein is the respondent No.1 before the Tribunal.

3. The guardian of the petitioner/claimant has filed MVC No.2951/2014 under Section 166 of the Motor Vehicles Act, 1988 (‘the MV Act’ for short) claiming the compensation amount of Rs.10,00,000/- for the injuries sustained by minor claimant in a road traffic accident, along with interest.

4. The facts leading to the filing of this appeal are as follows:

On 03.05.2014 at about 9.30 a.m., the petitioner/claimant who was aged about 13 years and studying in 8^th standard at Saniya School, Saraipalya, was walking as a pedestrian on Thanisandra Road. When he reached near Amarjyothi Layout Road, the driver of lorry bearing Registration No.KA-03/C-1660, while reversing the vehicle negligently and without giving any signal, dashed against the claimant. As a result, the claimant sustained grievous injuries and was immediately shifted to Ambedkar Hospital, where he was treated as an inpatient. He spent about Rs.2,00,000/- towards medical, conveyance, food, transport, and other incidental expenses and was advised to undergo a further operation. Due to the accident, the claimant suffered pain, mental agony, and loss of one academic year.

5. The claimant contended that the accident occurred solely due to the rash and negligent act of the lorry driver. The respondent No.1-United India Insurance Company, being the insurer and the respondent No.2, being the owner of the vehicle are jointly and severally liable to pay compensation. After the petition was filed, summons was served on both respondents. The respondent No.2 failed to appear and was placed ex parte. The respondent No.1 appeared through counsel and filed a written statement admitting the issuance of an insurance policy for the said lorry but limiting its liability to the terms of the policy. The respondent No.1 denied the allegations regarding negligence, the age of the claimant and the expenses claimed. It was further contended that the Driver did not possess a valid driving license and the vehicle did not have a valid permit and fitness certificate on the date of the accident, thereby violating policy conditions. The insurer therefore stated that the compensation claimed is exorbitant.

6. Based on the pleadings