IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO.4129 OF 2017(MV-I)

BETWEEN:

KUM. PRIYANKA H.D.

D/O H.R.DIVAKARA, AGED ABOUT 14 YEARS, SINCE MINOR REP. BY HER FATHER AND NATURAL GUARDIAN, SRI.H.R.DIVAKARA, S/O H.N.RAMAIAH, MAJOR, R/AT HONNAVALLI VILLAGE, KASABA HOBLI, ARKALGUD TALUK, HASSAN DISTRICT-573 201.

…APPELLANT (BY MISS. SHALINI C. ADVOCATE FOR SRI. NINGARAJA M N., ADVOCATE)

AND:

1. M. CHANNAKESHAVEGOWDA S/O MARIYAPPAGOWDA, AGED ABOUT 42 YEARS, R/AT KASABA HOBLI, ARKALGUD TALUK, HASSAN DISTRICT-573 201.

2. MANAGER NATIONAL INSURANCE COMPANY LIMITED SREE MANJUNATHESHWARA COMPLEX, NEAR OLD BUS STAND, POST BOX NO.112, HASSAN TOWN HASSAN DISTRICT-573 201 …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R-2;

V/O DATED:24.04.2025, NOTICE TO R-1 IS D/W)

THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S

173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 07.05.2016 PASSED IN MVC NO.316/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL AT ARKALGUD, BY ALLOWING THE CLAIM PETITION IN ITS ENTIRETY WITH 12% INTEREST IN THE ENDS OF JUSTICE AND EQUITY.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 28.10.2025 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 07.05.2016, passed in M.V.C No.316/215 on the file of the Senior Civil Judge and MACT at Arkalgud (hereinafter referred to as ‘the Tribunal’ for short) and allow this appeal by enhancing the compensation.

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

2. On 22.08.2014 the appellant was proceeding by walk near Honnavalli, the rider of the Motor Bike bearing Reg No Ka-13-S-5707 by riding in a rash and negligent manner with excessive speed and dashed against the appellant and hereby she sustained grievous injury to all over the body. Immediately she was given first aid treatment at Government Hospital Arkalgud, later admitted to SSM Hospital, Hassan. Towards the medical expenses, an amount of Rs.1,20,000/- was spent and she was adviced bed rest for Two month. During that time, attendant was engaged to look after her by paying salary of Rs.8,000/- per month. In addition to that a sum of Rs.2,000/- was spent for conveyance.

3. On service of notice, the respondents No.1 and No.2 appeared through their counsels and filed written statement in which averments made in petition were denied. It has contended that the rider of the said motor bike did not have valid and effective driving licence. It is further contended that, if the Court holds that the first respondent is liable to pay compensation, the vehicle is insured with second respondent and there the second respondent is liable to indemnify respondent No.1. In the objection statement, filed by respondent No.2, the liability of the insurance company to compensation is denied. The averment is denied by the respondent No.2.

4. On the basis of the pleadings of the parties, the Tribunal framed issues and recorded the evidence. The father of the claimant was examined as PW-1 and marked the documents EX.P.1 to 69 and Doctor Gangu Hirala is examined as P.W.2 and marked the documents as Ex.C.1 to 3. The Tribunal, by the impugned judgment and Award, inter alia held that the accident took place on account of rash and negligent driving of offending vehicle (motor bike) as a result of which the claimant suffered grievous injuries all over her body. Further, it was also held that claimant was entitled to a compensation of Rs.1,66,818/-, with interest 8 % p.a., and directed that the respondents No.1 and 2 are jointly and severally liable to pay the compensation amount.

5. The Tribunal has awarded compensation under different heads as under:

6. It is contended by the learned counsel appearing for the a