IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.8465 OF 2018(MV-I)

BETWEEN:

SRI E.NAGARAJU S/O. LATE. ERA YELLAIAH, AGED ABOUT 34 YEARS, R/AT NO. 81, LOHITHNAGARA, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT.

…APPELLANTS (BY SRI. SHRIPAD.V.SHASTRI., ADVOCATE)

AND:

1. SRI. KUMARASWAMY, S/O LATE BASAVARAJU, NO.17, HANUMANTHAPURA, BILLINAKOTE POST, NELAMANGALA POST, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT.

PRESENT R/AT BAVIKERE VILLAGE, YENTAGANAHALLI POST, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. 2. THE REGIONAL MANAGER, THE NATIONAL INSURANCE CO., LTD., REGIONAL OFFICE, 2^ND FLOOR, M.G.ROAD, SUBARAM COMPLEX, BENGALURU.

3. SRI. ESHWARA @ ESHWARAPRASAD, S/O LATE SHIVANNA, AGED 37 YEARS, BAVIKERE VILLAGE, YENTAGANAHALLI POST, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT.

…RESPONDENTS (BY SRI. A.M.VENKATESH., ADVOCATE FOR R2;

V/O DTD: 08.01.2025-NOTICE TO R1 IS HELD SUFFICIENT; V/O DTD: 17.02.2025-NOTICE TO R3 IS DISPENSED WITH)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06/02/2018, PASSED IN MVC NO.6234/2016, ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE & XXXII ACMM., MEMBER, MACT-3, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

1. The present petition seeks to challenge a Judgment and Award dated 06.02.2018 passed in MVC.No.6234/2016, by the learned VII Additional Judge and XXXII ACCMM, Bengaluru [hereinafter referred to as the “Impugned Award”].

2. By the Impugned Award, the learned Tribunal has granted compensation in a sum of Rs.2,50,500/- along with interest at the rate of 8% per annum, from the date of petition till the date of deposit. The award has also found the respondent No.1/owner of the vehicle liable to pay compensation and has exonerated the Insurance Company. The challenge in the present appeal has been made by the appellant/claimant.

3. The brief facts are that, an accident occurred on 12.07.2016 at 02.00 p.m., on National Highway-48, when the appellant/claimant was riding a motorcycle bearing No.KA-52-K-0201. At that time, another motorcycle bearing No.KA-52-J-5737 came from the opposite direction and collided with the appellant's motorcycle. On account of which, the appellant sustained grievous injuries. The appellant was hospitalized for a period of 45 days. A claim petition was filed by the appellant stating that he was healthy prior to the accident and was doing electrical work and earning Rs.10,000/- per month.

However, as a result of the accident, he was unable to continue his avocation.

4. The respondent No.1/owner and the respondent No.2/Insurance Company entered appearance. The respondent No.3/Driver of the vehicle did not appear before the Tribunal and was proceeded with ex-parte. The Insurance Company contested the matter and filed its written statement. There was no contest by the owner of the vehicle either.

5. On the basis of the pleadings of the parties, the learned Tribunal framed the following issues:

“1. Whether the petitioner proves that he has sustained grievous injuries in the accident occurred on 12-07-2016 at about 2-00 p.m., near Pacific factory, NH-48 Service Road, Kunigal-Nelamangala Road due to the rash and negligent riding of the rider of Motor cycle bearing reg. No.KA-52-J-5737 as alleged in the petition?

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

3. What Order or Award?”

6. The petitioner examined himself as PW.1, marked documents at Exs.P1 to P18, an Official of respondent / Insurance Company was examined as RW.1, who marked documents at Exs.R1 to Ex.R7. As stated above, the learned Tribunal after examining the documents on record, gave its finding awarding Rs.2,