IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 1207 OF 2019(MV-

I)

BETWEEN:

SRI. T. HARISH S/O. THIMMARAYAPPA AGED ABOUT 29 YEARS RESIDING AT NO.77, 80 FEET ROAD, SAHARA LAY OUT, GUBBALU, BANGALORE-560 061.

…APPELLANT (BY SRI. RAVIKUMARA B.R., ADVOCATE)

AND:

1. SANTHOSH KUMAR D.S.

MAJOR, NO.65/8, 2^ND 'D' MAIN, 5^TH CROSS, BAPUJINAGAR BANGALORE-560 026.

2. ICICI LOMBARD GEN. INSURANCE CO. LTD., # 86/1, SVR COMPLEX HOSUR MAIN ROAD, MADIVALA, BANGALORE-560 068.

REPRESENTED BY CLAIM MANAGER.

…RESPONDENTS (BY SRI. MANJUNATHA H.R., ADVOCATE FOR R1 -(ABSENT);

SRI. B.PRADEEP, ADVOCATE FOR R2)

THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988, PRAYING TO CALL FOR THE RECORDS IN M.V.C.NO.4111/2015 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, BANGALORE, (SCCH.17) PERUSE THE SAME AND SET ASIDE JUDGMENT AND AWARD DATED 08.05.2017 AND ENHANCE THE COMPENSATION AMOUNT OF RS.2,47,771/- PRONOUNCED BY THE TRIAL TO RS.15,00,000/- AS PRAYED FOR IN THE MVC NO.4111/2015 AND TO PASS SUCH OTHER ORDERS AS THIS HON'BLE COURT DEEMS FIT TO PASS IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

1. The present appeal has been filed under Section 173(1) of the Motor Vehicles Act, 1988, seeking to challenge Judgment and Award dated 08.05.2017 in MVC No.4111/2015 passed by the XIX Additional SCJ and MACT, Bengaluru [hereinafter referred to as the “Impugned Award”].

2. By the Impugned Award, the appellant/petitioner has been awarded a compensation of Rs.2,47,771/- along with interest at the rate of 7.5% p.a. The respondent No.2/Insurance Company is liable to pay the amount awarded. The challenge in the present appeal has been made by the appellant/claimant seeking an enhancement of the amounts awarded.

3. The brief facts of the case are that on 21.06.2015 at about 04:00 p.m. in the evening, the appellant/claimant was riding his motorcycle bearing registration No.KA- 05/HR-33 on the left side of Kanakapura main road, near Nagegowdanapalya, Koli Farm, Thalaghattapura. At that time another motorcycle bearing registration No.KA-41/Q- 134, which was ridden by its rider in a rash and negligent manner, collided with the appellant's motorcycle. Due to the impact of the collision, the appellant fell from his motorcycle and sustained injuries, and his motorcycle suffered extensive damages. Thereafter, he was admitted to Rajshekhar Hospital, where he took treatment as an inpatient for a period of three days.

4. An FIR was registered against respondent No.1/rider of the offending motorcycle and a claim petition was filed by the appellant/claimant seeking compensation for such accident before the learned Tribunal. The case was contested by the Insurance Company as well as respondent No.1/owner of the offending vehicle. However, respondent No.1/owner did not file any written statement. Respondent No.2/Insurance Company filed its written statement taking several grounds including that the accident was caused due to the negligence of the appellant/claimant as well.

5. The learned Tribunal after examining the pleadings between the parties, framed the following issues:

"1. Whether petitioner proves that on

21.06.2015 at about 4:00 p.m. when he was riding motorcycle bearing No.KA-05-HR-33, on Kanakapura Main Road, near Nagegowdanapalya Koli Farm, Thalaghattapura, Bengaluru met with an accident and sustained injuries due to actionable negligence on the part of rider of motorcycle bearing No.KA-41/Q-134 as alleged?

2. Whether petitioner is entitled for compensation? If so, at what rate and from whom?

3. What order or award?"

6. The appellant/claimant examined himself as PW.1 and examined his doctor as PW.2 and marked Exs - P1 to P19 including FIR (Ex-P1), charge sheet (Ex-P8) and his medical records (Exs-P11