IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7074 OF 2015 (MV-I)

BETWEEN:

M/S. RELIANCE GENERAL INSURANCE COMPANY LTD., NO.28, 5TH FLOOR, WEST WING, CENTENARY BUILDING, M.G.ROAD, BANGALORE - 560 001.

…APPELLANT (BY SRI. B. PRADEEP, ADVOCATE)

AND:

1. ASHOK S/O VENKATARAMAPPA, NOW AGED ABOUT 23 YEARS, R/O AT MUTTON MARKET ROAD, Digitally signed BOVI COLONY, MALUR TOWN, by KOLAR DISTIRCT - 563 101.

PADMASHR EE SHEKHAR DESAI Location: High 2. S. SHIVARAM @ SHIVA Court of S/O M. SANJEEVAPPA, MAJOR, Karnataka R/O NO.83, RANGAPPA STREET, CHIKKAMAVALLI, BANGALORE - 560 004.

3. SRI.VENKATARAMAPPA MAJOR, S/O VENKATAPPA (SINCE DEAD BY LR)

SMT.RAMADEVI, MAJOR, W/O VENKATARAMAPPA, R/O MUTTON MARKET ROAD, BOVI COLONY, MALUR TOWN, KOLAR DISTRICT - 563 101.

…RESPONDENTS (BY SRI. GOPALA KRISHNA N, ADVOCATE FOR R1; SRI. P.S. KAILASH SHANKAR, ADVOCATE FOR R3;

VIDE ORDER DATED 24.08.2021, NOTICE TO R2 IS HELD SUFFICIENT)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.07.2015 PASSED IN MVC NO.5094/2013 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES AND XXVI ACMM, (SCCH-09) BENGALURU, AWARDING COMPENSATION OF RS.4,55,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL ITS REALIZATION.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 23.01.2026, 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 15.07.2015 passed in MVC No.5094/2013 on the file of the Court of Small Causes and XXVI ACMM, (SCCH-09), 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.10,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.4,55,000/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization and held that respondent Nos.1 to 3 are jointly and severally liable to pay the compensation. Being aggrieved by the said order, the insurance company preferred this appeal.

4. It is contended that the Tribunal failed to properly appreciate the facts and erred in fixing liability against the respondents and therefore, the same is liable to be set aside. As per the MLC extract and the medical records, it is clear that the petitioner while going as a pillion rider on a motorcycle was hit by a lorry. But the Tribunal held that the accident occurred only due to the negligence of the rider of the motorcycle, which finding is improper and liable to be set aside.

5. As per the discharge summary marked at Ex.R.1, the motorcycle was hit by a lorry and there was no negligence on the part of the rider of the motorcycle on which the injured was travelling. PW-3, in his cross-examination has clearly stated that in Ex.P.8 it was initially written as 'hit by lorry,' which was later erased and written as 'skid and fall'. This clearly shows that the medical records were tampered and wrongful. There was delay in lodging the complaint, which also shows false implication of the motorcycle. Even as on date, the police have not filed any charge sheet against the rider of the motorcycle. Hence, it is evident that the rider was not responsible for causing the accident. Therefore, requested to set aside the order of the Tribunal.

6. The petitioner-Ashok, aged 21 years, met with an accident on 01.06.2013. As per his case, he was travelling as a pillion rider on a motorcycle bearing registration No.KA-08-R- 3547 and the rider of the said motorcycle rode it in a rash and negligent manner, causing the vehicle to skid. As a result, he f