IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF OCTOBER , 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 3530 OF 2016 (MV)

BETWEEN:

NATIONAL INSURANCE COMPANY LIMITED I ^ST FLOOR, UPSTAIRS-KAMAT CAFE, NEAR BASAVA VENUS, COTTON MARKET, PRABHAT COLONY, PB ROAD, HUBLI-580 029.

REPRESENTED BY ITS MANAGER, NATIONAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE, SUBHARAM COMPLEX, NO.144, M.G. ROAD, BANGALORE-560 001.

…APPELLANT (BY SRI. A.M.VENKATESH, ADVOCATE)

AND:

1. SHRI N S VISHWANATH @ VISHWANATH GOWDA, SON OF SHRI SHIVANNA, AGED ABOUT 30 YEARS, NO.53, 5^TH CROSS, 24^TH MAIN, AGARA-HSR LAYOUT, I ^ST SECTOR, BANGALORE-560 102 AND AT OFFICE NO. 102, 16^TH CROSS, 10^TH MAIN, LAKKASANDRA EXTENSION, WILSON GARDEN, BANGALORE-560 030.

2. THE DIRECTOR M/S. NAVEEN HOTELS LIMITED, NO.604/B, GOKUL ROAD, HUBLI-580 029.

3. SHRI K. RATHNAKAR SHETTY SON OF SHRI. HERIYANNA SHETTY, AGED 45 YEARS, C/O. RNS INFRASTRUCTURE LIMITED, JIGANI INDUSTRIAL AREA, ANEKAL TALUK, BANGALORE RURAL DISTRICT-560 106.

…RESPONDENTS (BY SRI. MURALI M, ADVOCATE FOR R-1;

SRI K.V.SATHISH, ADVOCATE FOR R-2;

SRI A.KUMARAVEL, ADVOCATE FOR R-3)

THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S

173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 21.03.2016 PASSED BY THE HON’BLE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL -7/IX ADDL. SMALL CAUSES JUDGE/XXXIV ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE AND TO DISMISS THE CLAIM PETITION AS AGAINST THE APPELLANT AND ETC.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 09.10.2025 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 under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as "the MV Act") to set aside the judgment and award dated 21.03.2016 passed by the Motor Accidents Claims Tribunal-7/IX Addl. Small Causes Judge/XXXIV Additional Chief Metropolitan Magistrate, Bangalore (hereinafter referred to as "the Tribunal") and to dismiss the claim petition as against the appellant.

2. The appellant herein is the respondent No.1 before the Tribunal, respondent No.1 herein is the petitioner before the Tribunal and respondents No.2 and 3 herein are the respondents No.2 and 3 before the Tribunal.

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

3. On 22.11.2013 at about 8:30 p.m., the claimant, who was a Lawyer by profession, after attending Court work, was waiting at a traffic signal at Garebavipalya Junction on Hosur Road on his motorbike bearing registration No.KA-51-EC-9597. At that time, a Tata Tipper Lorry bearing registration No.KA-25-C-1934, driven in a rash and negligent manner, dashed against his motorcycle. Due to the impact, the claimant was thrown approximately 10 feet and fell on the road median, sustaining grievous injuries.

4. Subsequently, the claimant filed a petition under Section 166 of the MV Act before the Tribunal, seeking compensation of Rs.30,00,000/- along with interest at 18% p.a., asserting that the accident was solely due to the negligence of the lorry driver. The respondent No.2 remained absent and was placed ex-parte. The respondents No.1 and 3, in their objections, admitted that the vehicle was insured but denied liability on the ground that the lorry did not possess a valid fitness certificate on the date of the accident. They also contended that the compensation claimed was exorbitant.

5. Based on the pleadings, the Tribunal framed issues and recorded evidence. The claimant was examined as PW1, along with PW2-Sri Nagesh and PW3-Dr.S. Ramachandra. Ex.P1 to Ex.P26 were marked on behalf of claimant. On behalf of the respondents, one Shivakumar was examined as RW1 and marked documents at Ex.R1 to Ex.R4.

6. By Judgment and Award dated 21.03.2016, the Tribunal held that the accident was due to the negligent, rash and drunken driving of the tipper lorry which did not have valid fitness ce