IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3944 OF 2024 (MV-I)

BETWEEN:

UNITED INDIA INSURANCE CO. LTD., 5TH FLOOR, KRISHI BHAVAN, HUDSON CIRCLE, BANGALORE - 560 001.

NOW REPRESENTED BY ITS REGIONAL OFFICE, KRISHI BHAVAN, HUDSON CIRCLE, BANGALORE - 560 001.

BY ITS ASST. MANAGER.

VAISHAK MOHAN.

…APPELLANT (BY SRI. H.C. VRUSHABHENDRAIAH, ADVOCATE)

AND:

Digitally signed by

1. SMT. RATHNAMMA P.E PADMASHRE E SHEKHAR DESAI W/O SATISH KUMAR K R, Location: High AGED ABOUT 39 YEARS, Court of R/AT NO. 38, Karnataka KASAVANAHALLI (V)

KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 144.

2. SATISHKUMAR K R S/O RAJASHEKARAPPA, MAJOR, R/AT KASAVANAHLLI (V)

KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 144.

3. SRI KRIANKUMAR P.E.

S/O ESWARAPPA P.E, R/AT PANCHANAHALI VILLAGE, KADUR TALUK, CHICKMAGALUR DISTRICT - 577 138.

…RESPONDENTS (BY SRI. SUDHIR B.,ADVOCATE FOR R1;

R2-SATISHKUMAR K R., SD; R3- KIRANKUMAR P E., SD)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.01.2024 PASSED IN MVC NO.4340/2020 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT, BENGALURU SCCH- 1, AWARDING COMPENSATION OF RS.3,89,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DEPOSIT.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 27.01.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

CAV JUDGMENT

This appeal is filed by the insurance company under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 31.01.2024 passed in MVC No.4340/2020 on the file of the Chief Judge, Court of Small Causes and Member, Prl. MACT, Bengaluru.

2. Heard the arguments of the learned counsel for the appellant and learned counsel for the respondents. The ranks of the parties are retained as per Tribunal for the sake of convenience.

3. The petitioner/injured claimant had filed petition before the Tribunal for compensation of Rs.15,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.3,89,000/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, the insurance company preferred this appeal.

4. It is stated that the accident occurred on

22.01.2019, whereas the complaint lodged on 03.02.2019. No explanation has been given for the delay in lodging the complaint. As per the crime records, the accident occurred due to the negligence of the rider of the motorcycle bearing registration No.KA-13-EH-5721 and the rider of the said vehicle is the husband of petitioner. The Tribunal has held that the insurer of the motor vehicle bearing registration No.KA-18-EE- 9178 is liable to pay 50% of the compensation. The said finding is not based on cogent and convincing evidence. As such, the said finding is liable to be set aside.

5. Though the accident occurred only due to the rash and negligent riding of the motorcycle on which the petitioner was travelling, the Tribunal has directed the insurer of the other motorcycle to pay 50% of the compensation. The said finding is liable to be set aside. The amounts awarded under the other heads are also excessive and thus requested for modification of the order.

6. As per the case of the petitioner, on 22.01.2019, while she was travelling as a pillion rider on a motorcycle bearing registration No.KA-13-EH-5721 along with the rider, who is her husband and when they reached near the Veterinary Hospital, another motorcycle bearing registration No.KA-18-EE- 9178 came in a rash and negligent manner and dashed against their motorcycle. As a result, she fell down and sustained grievous injuries. A case was registered in Crime No.5/2019 for the offences punishable under Sections 279 and 337 of the IPC against the rider of the motorcycle bearing registration No.KA-