IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.2927 OF 2019 (MV-I)

BETWEEN:

THE ORIENTAL INSURANCE CO. LTD., CORPORATE AND REG. OFFICE, ORIENTAL HOUSE P.B.NO.7037, ASAD ALI ROAD, NEW DELHI, NOW REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE, TP HUB, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BENGALURU - 560 001 …APPELLANT (BY SRI. H.C. VRUSHABHENDRAIAH, ADVOCATE)

AND:

1. MR. RAMU @ RAMANNA H.B.

S/O BHIMANNA AGED ABOUT 42 YEARS, EMPLOYEE R/AT HALLIKARA STREET, CHANNAGIRI, CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 213 PRESENTLY WORKING AT E-CART OFFICE, NEAR NAYANA SHOW ROOM, MALLANDUR ROAD, UPPALLI, CHICKMAGALUR.

2. RONALD PINTO S/O THIMOTHY PINTO, AGED ABOUT 39 YEARS DRIVER, R/O NUCHILA HOUSE, NADA VILLAGE, PERUMAL POST, BELTHANGADI TALUK DAKSHINA KANNADA DISTRICT.

3. PARTNER M/S KUSHI CHICKEN REGO COMPOUND, R/O KOTTARA CROSS, MANGALORE - 575 001.

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

R2 AND R3 ARE SERVED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.02.2019 PASSED IN MVC NO.524/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE & MACT, CHIKKAMAGALURU, AWARDING COMPENSATION OF RS.8,30,000/- WITH INTEREST @ 8% P.A.

FROM THE DATE OF PETITION TILL REALIZATION.

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 appeal has been filed seeking to challenge an order dated 21.02.2019, passed in M.V.C.No.524/2017, by the learned II Additional Senior Civil Judge and MACT, Chikkamagaluru (hereinafter referred to as the ‘Impugned Award’]. By the Impugned Award, the claim petition filed by the respondent No.1/claimant has been partly allowed and a compensation in the sum of ₹8,30,000/- has been awarded along with 8% interest per annum.

2. The challenge in the present appeal is by the appellant/Insurance Company.

3. The brief relevant facts of the case are that on 28.12.2015, in afternoon at about 3.30 p.m., the respondent No.1 / claimant, along with his friend, was riding a motorcycle bearing No.KA 17 EH 0932, going from Channagiri to Dharmasthal. While they were near Annappaswamy Temple, an Eicher Lorry bearing registration No.KA 19 AB 1454, coming from the opposite direction in a rash and negligent manner, hit the motorcycle ridden by respondent No.1/claimant. Both the respondent No.1 and his friend fell from the motor cycle. The claimant sustained injuries on his head and forehead and was rushed to the MGM Taluk, General Hospital, Mudigere. Due to the accident, the claimant also suffered a disability. A claim petition was filed before the learned Tribunal, seeking compensation by the claimant. It was stated that, due to the injuries sustained, the claimant has incurred substantial loss in his business.

3.1. The claim petition was contested by both the Insurance Company and the owner of the offending vehicle. They filed their written statements stating that the motorcycle had collided with the lorry. The respondent No.1 and respondent No.2 i.e., the driver and the owner of the offending lorry, respectively and respondent No.3 /

appellant / Insurance Company also contested the claim.

4. On the basis of the pleadings between the parties, the following issues were framed by the learned Trial Court:

“1. Whether the petitioner proves that on 28.12.2015 at about 3.30 p.m., near Annappaswamy Temple, NH 234, KM Road, Charmadi Ghat, Tharuve Village, Banakal Hobli, Chikkamagaluru Dist, the petitioner sustained grievous injuries in a motor vehicle accident due to rash and negligent driving of respondent No.1 being the driver of Lorry bearing registration No.KA 19 AB 1454 while the petitioner was proceeding in his motorcycle bearing registration No.KA 17 EH 0932?

2. Whether the petitioner is entitled for any compensation amount? If so for what amount and from whom?

3. What orde