IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.4828 OF 2020(MV-I)

BETWEEN:

CHOLAMANDALAM MS. GENERAL INSURANCE CO. LTD., UNIT NO.4, 6^TH FLOOR, “GOLDEN HEIGHTS”, COMPLEX, 59^TH ‘C’ CROSS, INDUSTRIAL SUBURB, RAJAJI NAGAR, 4^TH BLOCK, BENGALURU-560 010, REPRESENTED BY ITS DEPUTY MANAGER.

…APPELLANT (BY SRI. MURALIDHARA.N., ADVOCATE)

AND:

1. NANDA KISHORE YADAV S/O. RAMLAL YADAV, AGED ABOUT 29 YEARS, R/AT C/O. RAJAPPA, CHOKKAHALLI VILLAGE, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT, PIN-562 114.

PERMANENTLY R/AT MADHOPUR, CHANRWA (CHANDCHAURA), SARAN, BIHAR-841 204.

2. SRI. R.MOHAN S/O. RENU, MAJOR IN AGE, R/AT NO. 370, THANDAMPATTU, ARASAN KANNI POST, TIRUVANNAMALAI DISTRICT, TAMILNADU-606 703.

…RESPONDENTS (BY SRI. KALPANA.P.V., ADVOCATE FOR R1;

R2-SERVED)

THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 05.02.2020 PASSED IN MVC NO. 7132/2017 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY, AWARDING COMPENSATION OF RS. 7,38,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION FROM RESPONDENTS.

THIS APPEAL IS 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 seeks to challenge a Judgment and Award dated 05.02.2020 in M.V.C.No.7132/2017 passed by the Motor Vehicles Accident Claims Tribunal, Bengaluru City, (hereinafter referred to as the “Impugned Award”). By the Impugned Award, respondent No.1/claimant has been awarded compensation in the sum of Rs.7,38,000/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, by the learned Tribunal.

2. On the last date of hearing, this Court had granted an adjournment to the respondents at their request. Despite the adjournment granted, none appears for the respondents. Given the pendency of the matter and the fact that stay of proceedings was granted by this Court on 20.04.2022, this Court deems it apposite to hear and decide the matter today.

3. The brief facts are that, on 14.11.2017, at about 7.30 P.M., respondent No.1/claimant was riding a motor cycle near Chokkahalli Gate, Chinthamani-Hosakote Road, Bangalore District. At that time, the driver of the Lorry bearing registration No.TN-34-J-5142, driven at a high speed in a rash and negligent manner collided with the motor cycle of the respondent No.1/claimant. Due to collision, the respondent No.1/claimant sustained grievous injuries and he was shifted to Silicon City Hospital, Hosakote, Bangalore. The respondent No.1/claimant was thereafter shifted to Sai Ambika Hospital, Bangalore, where he took treatment for a period of seven days as an in-patient and he has suffered several injuries. A claim petition was filed by the respondent No.1/claimant stating that earlier he was working as a helper at KIADB Area, Pillagumpa, Hosakote and earning Rs.12,000/- per month. However, due to injuries, he lost his earning capacity and also suffered permanent disability.

4.1. An FIR was registered against the driver of the Lorry and a case was filed being C.R.No.104/2017. Although notices were issued by the learned Tribunal, the owner of the Lorry did not present himself and was proceeded with ex-parte. The claim petition was only contested by the appellant/Insurance Company. Several grounds were taken by the appellant/Insurance Company including the non-involvement of the Lorry bearing registration No.TN- 34-J-5142. In addition, the ground of delay in filing the complaint was also taken.

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 injuries due to RTA alleged to have been occurred on 14.11.2017 about 7.30 p.m.. near Chokkahalli Gate, Chinthamni, Hosakote Main Road, Hosakote Taluk, Benga