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.3603 OF 2015(MV-I)

BETWEEN:

MINOR DEEPSHIKA AGED ABOUT 3 YEARS, D/O LOKESH BHANDARY, R/O C/O SUNGANDHI, JATHA BETTU, UPPOOR POST AND VILLAGE, UDUPI TALUK & DISTRICT-576 101.

SINCE APPELLANT IS MINOR SHI IS REP: BY MOTHER GUARDIAN-KAVYA …APPELLANT (BY SRI. NAGARAJ HEGDE, ADVOCATE)

AND:

1. K NAGARAJA AGED ABOUT 53 YEARS, S/O VENKATARAMANA SHERIGARA, R/O H.NO. 11/128, INDIRANAGARA, POST: KATBELTHUR, HEMMADI VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT-576 201.

2. THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, SRI RAM ARCADE, OPP: H.P.O., UDUPI-576 101, REP: BY ITS DIVISIONAL MANAGER.

…RESPONDENTS (BY SRI. S.KRISHNA KISHORE, ADVOCATE FOR R-2;

R-1 IS SERVED AND UNREPRESENTED)

THIS MFA FILED U/S 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 26.11.2014 PASSED BY THE COURT OF PRL. SENIOR CIVIL JUDGE AND ADDL. MACT, UDUPI, IN M.V.C.NO.877/2013 TO THE EXTENT OF DISALLOWED CLAIM AND ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION, IN THE INTEREST OF JUSTICE.

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 to set aside the judgment and award dated 26.11.2014, passed in M.V.C No.877/2013 on the file of the Principal Senior Civil Judge and Additional Motor Accidents Claims Tribunal, Udupi (hereinafter referred to as ‘the Tribunal’ for short) to the extent of disallowed claim and allow this appeal by enhancing the compensation.

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

2. The claimant filed a petition through her guardian under Section 166 of the Motor Vehicles Act (for short ‘MV Act’) against the respondents towards the grievous injuries sustained by the claimant.

3. On 16.06.2013 at about 7:15 p.m., the claimant-Deepshika, while traveling in an auto-rickshaw from Koteshwara towards Kundapura, upon reaching near the KSRTC Depot, opposite Geetha Sadana House, Voderahobli Village, met with an accident when a car bearing Registration No.KA-20-B-3631, coming from Kundapura towards Koteshwara in the opposite direction, was driven in a rash and negligent manner, as the driver lost control of the vehicle, came to the extreme right side of the road, and dashed to the auto-rickshaw in which the claimant was traveling. As a result, the claimant sustained grievous injuries and was hospitalized.

4. The respondent No.1 did not appear before the Tribunal and hence was placed exparte.

5. On service of notice, the respondent No.2-

Inurance Company appeared through counsel and filed written statement in which the averments made in petition were denied. However, it has admitted the validity of the insurance policy in respect of the said vehicle as on the date of the accident. It was further submitted that the driver of the alleged vehicle did not possess a valid and effective driving licence to drive the said vehicle at the time of the accident, and therefore, respondent No.2 is absolved of liability. Accordingly, respondent No.2 filed an application under Section 170 of the M.V.Act and prayed for dismissal of the petition.

6. On the basis of the pleadings of the parties, the Tribunal framed issues and recorded the evidence. The mother of the claimant was examined as PW-1 and marked documents at Ex.P1 to Ex.P42. On behalf of the respondents, one witness has been examined as RW-1 and got marked three documents as per Ex.R1 to R3. The Tribunal, by the impugned judgment and Award, inter alia held that the accident took place on account of rash and negligent driving of the offending vehicle (auto-rickshaw), as a result of which the claimant suffered grievous injuries. Further it was also held that claimant was entitled to a compensation of Rs.59,500/-, with interest 8% p.a., and directed that t