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. 6419 OF 2016 (MV-D)

BETWEEN:

1. GANGAMMA

W/O.LATE HUCHEERAIAH,

AGED ABOUT 52 YEARS,

2. SHIVANNA

S/O.LATE HUCHEERAIAH,

AGED ABOUT 32 YEARS,

3. HEMAVATHI

D/O.LATE HUCHEERAIAH,

AGED ABOUT 27 YEARS,

1 TO 3 RESIDING AT RAYAVARA VILLAGE,

HEBBUR HOBLI, TUMKUR TALUK,

TUMKUR-572 120.

…APPELLANTS

(BY SRI. SHEKAR L.S., ADVOCATE)

AND:

1. MANGALAMMA

W/O.RAMESHA,

AGED ABOUT 40 YEARS,

R/A. AGALAKUPPE

NELAMANGALA TALUK, BANGALORE-562 123.

(RC OWNER OF THE VEHICLE

APE PASSENGER AUTO BEARING

REG.NO.KA-52-6779).

2. THE MANAGER THE NEW INDIA INSURANCE CO.LTD., BRANCH OFFICE: OPP TO RAMAMANDIRA K R EXTENSION, TUMKUR-571 101.

(POLICY NO.67230131120100012066 VALID FROM 15/12/2012 TO 14/12/2013 …RESPONDENTS (BY SRI. A.N.KRISHNASWAMY, ADVOCATE FOR R2;

V/O DTD:17.06.2025 NOTICE TO R1 IS H/S)

THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S

173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO INTERFERE WITH THE JUDGMENT DATED 01.07.2016 AWARD DATED 13.07.2016 PASSED BY THE LEARNED I ADDITIONAL DISTRICT JUDGE & MACT, TUMKUR IN MVC NO.741/2014 AND ENHANCE COMPENSATION AND GRANT SUCH OTHER RELIEF/S AS THIS COURT DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 12.11.2025 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 filed by the claimants directed against the judgment and award dated 01.07.2016, passed by the I Additional District Judge & MACT at Tumkuru, (for short ‘Tribunal’), in MVC No.741/2014.

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 are that:

On 12.11.2013, at about 12.13 p.m., deceased Hucheeraiah and his friend were standing on the extreme end of the left side of Tumakuru – Kunigal road, infront of Axis Bank ATM Hebbur village, Tumakuru Taluk, at that time, one Appe Passenger Auto Rickshaw came in a rash and negligent manner and dashed against the deceased. Due to which, the deceased sustained grievous injuries and succumbed to the same on 16.11.2013. The claimants are his wife and children. Hence, claimants filed claim petition under Section 166 of the MV Act, seeking compensation of Rs.8,00,000/-.

4. Upon service of notice, the respondent No.1 had remained absent and was placed exparte and respondent No.2 appeared and filed its written statement. It is contended that the transport authority has issued permit for Auto Rickshaw bearing Reg.No.KA-52-6779 to ply in Nelamangala Rural limits for the period from 23.12.2011 to 22.12.2016. But the respondent No.1 has allowed the driver of the offending vehicle to ply the vehicle on Kunigal, Tumakuru. Hence, the owner of the offending vehicle has violated the terms and conditions of the insurance policy. It is also contended that the driver of the offending vehicle was not possessing valid and effective driving licence at the time of accident. Hence, prays to dismiss the claim petition.

5. On the basis of the pleadings of the parties, the Tribunal framed issues and recorded the evidence. The petitioner No.2 was examined as PW-1 and one witness was examined as PW-2 and got marked documents at Exs.P1 to P-6. The respondent No.2 has examined two witnesses as RWs-1 & 2 and got marked Exs.R.1 to R.4.

6. After hearing the parties and on perusal of the documents, the Tribunal has allowed the petition in-part and awarded compensation of Rs.4,34,000/- with interest at the rate of 8% per annum from the date of petition till realization.

7. Heard learned counsel appearing for the appellants and learned counsel for the respondent No.2.

8. Learned counsel for the appellants submits that the occurrence of accident and death of said Hucheeraiah is not in dispute. Therefore, there is no need to reconsider the same. The contention of the claimants are that the