IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE DR. JUSTICE K.MANMADHA RAO

MISCELLANEOUS FIRST APPEAL NO. 7251 OF 2014 (MV)

BETWEEN:

SRI.C.RAJAGOPAL

S/O CHINNAPPA MESTRI

AGE:59 YEARS

OCC:DRY CLEANER

R/O 42/43, 3^RD BLOCK

5^TH CROSS, DASAPPA LAYOUT

RAMMURTHY NAGAR

BANGALORE-560 016.

…APPELLANT

(BY SRI. SURESH M LATUR, ADVOCATE)

AND:

1. SRI.DENNIS NICO LAIS ROACH

S/O MARIO ANTONY ROACH,

MAJOR,

R/O NO.73, 2^ND MAIN

3^RD CROSS, R R LAYOUT

VIJAYANAGAR

BANGALORE-560 016.

2. THE MANAGER

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD

NO.105(A), CEARS PLAZA

IST FLOOR, 136

RESIDENCY ROAD

BANGALORE-560 025.

…RESPONDENTS

(BY SRI. O.MAHESH, ADVOCATE FOR R-2;

R1 – SERVED AND UNREPRESENTED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S

173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO JUDGMENT AND AWARD PASSED BY THE XX ADDL. SMALL CAUSES JUDGE & MEMBER M.A.C.T, BANGALORE IN MVC NO.6087/2005, (SCCH-22) AT BANGALORE DATED 07.07.2014 MAY KINDLY BE SET ASIDE BY ALLOWING THIS APPEAL AND ENHANCE A COMPENSATION OF RS.4,93,000/- WITH 18% INTEREST PER ANNUM MAY KINDLY BE GRANTED IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 13.11.2025 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 claimant directed against the judgment and award dated 07.07.2014, passed by the Motor Accident Claims Tribunal at Bengaluru, (for short ‘Tribunal’), in MVC No.6087/2005.

2. Learned counsel for the appellant submits that challenging the judgment and award in MVC No.6087/2005 dated 31.10.2006 he filed MFA No.5314/2007 before the Co-ordinate Bench of this Court, which was partly allowed and awarded additional compensation of Rs.55,000/-. Again, MFA No.5637/2009 c/w MFA No.5314/2007 was filed by the Insurance Company and the claimant challenging the judgment and award in MVC No.6087/2005 dated 31.10.2006, which was remanded back to the Tribunal for fresh consideration. The Tribunal has considered the matter afresh and partly allowed the claim petition on 07.07.2014 in MVC No.6087/2005 by awarding compensation of Rs.1,07,000/-.

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

4. The brief facts of the case for filing of this appeal are that:

On 25.06.2005, at about 7.45 p.m., when the petitioner was crossing the road near Bhavani street in Ramamurthy Nagar main road in south to north direction, at that time, a Motor Cycle bearing Reg.No.KA-03-EQ- 9931 came in a rash and negligent manner and dashed against the petitioner, due to which, he sustained grievous injuries. He was shifted to Manipal hospital wherein he was treated as an inpatient and later shifted to Bowring Hospital. Hence, filed claim petition under Section 166 of M.V. Act, 1989 seeking for compensation of Rs.8,00,000/-.

5. After issuance of notice, the respondent No.2/Insurance Company has appeared through its counsel and filed statement of objections. Though respondent No.1/owner of the offending vehicle has appeared through its counsel has not filed his written statement.

6. In order to substantiate the case of the petitioner, the petitioner got himself examined as PW-1 and examined treated Doctor as PW-2 and got marked documents at Exs.P1 to P.23. On the other hand, respondents have examined two witnesses as RWs-1 and

2 and has got marked documents at Exs.R.1 and 2.

7. On the basis of the pleadings of the parties, the Tribunal framed the issues and held that the owner of the offending vehicle is liable to pay a total compensation of Rs.1,07,000/- to the petitioner with interest at the rate of

6% per annum from the date of petition till realization.

8. Learned counsel for the appellant submits that as per Ex.P.6 – wound certificate, appellant has sustained lacerated wound 8 x 2 cm over left leg, sutured wound over outer lateral aspect left eye 3 x 1 cm and swelling which are simple and grievous in