IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 6616 OF 2021 (MV-I)

BETWEEN:

MR. K. KAMALAKSHA SHETTY S/O KORAGAPPA SHETTY AGED ABOUT 57 YEARS R/AT SHANTHIGODU POST AND VILLAGE, PUTTUR TALUK D K DISTRICT-574 201.

…APPELLANT (BY SRI. HAREESH BHANDARY T.,ADVOCATE)

AND:

1. MR. ABDUL KHADER S/O HAMAD BEARY, MAJOR, R/AT MURGOLI HOUSE, Digitally BARYA VILLAGE AND POST signed by ANNAPURNA BELTHANGADY TQ G DK.574 326.

Location:

HIGH COURT

2. ICICI LOMBARD INSURANCE CO. LTD., OF REPRESENTED BY ITS MANAGER KARNATAKA MAXIMUS COMMERCIAL COMPLEX LIGHT HOUSE HILL ROAD, HAMPANAKATTA MANGALORE, DK DISTRICT.

…RESPONDENTS (BY SRI.P.S. JAGADEESH, ADVOCATE FOR R2, R1-SERVED AND UNREPRESENTED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.08.2020 PASSED IN MVC NO. 1544/2018 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBE, ADDITIONAL MACT, XI DAKSHINA KANNADA, MANGALURU, SITTING AT PUTTUR, DAKSHINA KANNADA, DISMISSING THE CLAIM PETITION FOR COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA

ORAL JUDGMENT

This appeal is filed by the claimants being aggrieved by the judgment and award dated 04.08.2020 passed by the V Additional District and Sessions Judge and Member, Addl.MACT- XI, D.K. Mangaluru, sitting at Puttur, D.K (for short `Tribunal'), in MVC No.1544/2018 seeking enhancement of compensation.

2. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal.

3. The brief facts of the case of both the parties before the Tribunal were that :

On 20.01.2018, at about 10.00 p.m, the petitioner was traveling on the motor cycle bearing registration No.KA-21-X- 5876 as a pillion rider from Puttur side towards Uppinangady side, at petrol pump, Kemmai of Chikkamadnuru village, Puttur taluk, D.K, they met with an accident due to rash and negligent driving of the car bearing registration No.KA-21-N-7718. As a result, the claimant fell down and sustained grievous injuries. He has suffered permanent disability. With these reasons, prayed to award compensation of Rs.10,00,000/-.

4. Respondent No.1 is the owner and respondent No.2 is the insurer of the offending car. Both of them filed written statement denying the averments of the claim petition. In addition to that respondent No.2 contended that the petition was bad for non-joinder of the necessary parties. The accident occurred due to the negligence of rider of the motor cycle. With these reasons, prayed to dismiss the claim petition.

5. From the rival contentions of the parties, the Tribunal framed the following issues:

i. Whether the petitioner proves that on 20-01-

2018 at about 10.00 p.m., he was proceeding as a pillion rider in a motor cycle bearing Registration No.KA-21-X-5876 Puttur side towards Uppinangady side near Petrol Pump, Kemmai of Chikkamagaluru Village, Puttur Taluk, D.K., the driver o Car bearing Registration No.KA-21-N- 118 drove the same from opposite side in a and negligent manner and came to the extreme wrong side of the road and dashed to the Car and he fell down and sustained injuries?

ii. Whether the 2^nd respondent proves that the rider of the motor cycle is guilty of contributory negligence?

iii. Whether the petition is bad for non-joinder of necessary parties i.e., Owner and Insurer of said Car?

iv. Whether the 2^nd respondent proves that the driver of the Car did not possess valid or effective Driving Licence as on the date of accident?

v. Whether the petitioner is entitled for compensation, if so, what amount and from whom?

vi. What order or Award?

6. The claimant to prove his case examined two witnesses as PW-1 and PW-2 and marked 13 documents, as per Exs.P-1 to P-11 and Ex.C1. The respondents have not lead oral evidence but marked one document as Ex.R1.

7. The Tribunal after hearing both the parties and apprecia