IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE DR. JUSTICE K.MANMADHA RAO

MISCELLANEOUS FIRST APPEAL NO. 2272 OF 2015 (MV-I)

BETWEEN:

NATIONAL INSURANCE CO. LTD.,

REGIONAL OFFICE, NO.144, II FLOOR,

SUBHARAM COMPLEX, M.G. ROAD,

BANGALORE-560 001.

…APPELLANT

(BY SRI. O MAHESH., ADVOCATE)

AND:

1. H.R. VINOD KUMAR @ VINOD

AGED ABOUT 26 YEARS,

S/O H RAMAIAH,

R/A NO.9, 1^ST MAIN,

COCONUT GARDEN

MANJUNATHANAGAR,

NAGARABHAVI MAIN ROAD,

BANGALORE-560 072.

2. K VISHWANATH

MAJOR,

S/O K P KRISHNA MURTHY,

NO.172, CHBS LAYOUT,

OPP: BDA COMPLEX,

VIJAYNAGAR, BANGALORE-560 040.

…RESPONDENTS

(BY SRI. D.NAGARAJA REDDY, ADVOCATE FOR R1;

V/O DTD: 24.03.2015 NOTICE TO R2 – D/WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S

173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS HEAR THE PARTIES AND ALLOW THE

APPEAL AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 01.01.2015 PASSED BY MOTOR ACCIDENT CLAIMS TRIBUNAL, SCCH-14, BANGALORE, IN M.V.C.NO.71 OF 2014 WITH COSTS IN THE INTERESTS OF JUSTICE AND EQUITY.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 17.11.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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

CAV JUDGMENT

This appeal is by the Insurance Company challenging the impugned judgment and award 01.01.2015 passed by the Motor Vehicles Accident Claims Tribunal, Bengaluru (SCCH-14) (for short ‘the Tribunal’), in M.V.C.No.71/2014, partly allowing the claim petition by awarding a sum of Rs.2,35,000/- with interest at the rate of 9% p.a. from the date of petition till the date of realization, only on the ground of liability.

2. The parties are referred to as per their ranking before the Tribunal for easy reference.

The brief facts of the case are that:-

3. On 26.07.2013 at about 9.00 a.m., the petitioner was riding the Motorcycle bearing No.KA-02-HV-3677 on Nagarabhavi main road, Bengaluru, when he reached near Byraveswara Government College, at that time, a Car bearing No.KA-02-Z-2799 driven by its driver in a rash and negligent manner dashed against the petitioner’s vehicle. Due to which, petitioner sustained grievous injuries to his both legs and was shifted to Sridevi Hospital and was treated as an inpatient. Hence, he filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (‘the MV Act’ for short) claiming compensation.

4. After issuance of notice, the respondent No.1/Insurance Company has appeared through its counsel and filed statement of objection. Respondent No.2/owner of the offending vehicle remained absent and was placed ex-parte.

5. In order to substantiate the case of the claimant, the claimant got himself examined as PW-1 and examined treated Doctor as PW-2 and got marked documents at Exs.P1 to P11. On the other hand, respondents neither examined nor adduced any evidence.

6. On the basis of the pleadings of the parties, the Tribunal framed the issues and held that the Insurance Company and the owner of the offending vehicle are jointly and severally liable to pay a total compensation of Rs.2,35,000/- to the petitioner with interest at the rate of

9% per annum from the date of petition till realization.

7. It is contended by the learned counsel for the appellant – Insurance Company that the Tribunal erred in holding that the accident was solely due to rash and negligent driving of the Car bearing No.KA-02-Z-2799. It has contended that the offending Car has not involved in the accident and it is clear from the police record and as per the sketch that alleged accident has occurred on the middle of the road and the petitioner has also contributed negligence to the accident and the owner of the offending vehicle as well as the police have failed to forward the documents and there is delay in lodging the complaint. It has also contended that the petitioner as well as the driver of the offending vehicle were not possessing valid and effective driving licence at the time of the accident. Despite