IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF FEBRUARY, 2026 BEFORE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 3681 OF 2020 (MV-DM)

BETWEEN:

B M VASISHTA AGED ABOUT 74 YEARS, S/O LATE DEVAKI NANDAN, R/AT NO 506, SILICON TOWERS

209/1, 4^TH CROSS, BYARASANDRA, C V RAMAN NAGAR POST, BENGALURU 560093.

…APPELLANT (BY SRI. RAVEENDRAN P., ADVOCATE)

AND:

1. M/S THE ORIENTAL INSURANCE COMPANY LTD NO 2023, HIG III PHASE, YELAHANKA NEW TOWN, BENGALURU 560064, REP BY ITS BRANCH MANAGER.

2. THE ORIENTAL INSURANCE COMPANY LTD HAVING ITS BANGALORE REGIONAL OFFICE AT

44/45, LEO SHOPPING COMPLEX, RESIDENCY CROSS ROAD, BENGALURU 560025 REP BY ITS REGIONAL MANAGER.

3. R MANJUNATH MAJOR IN AGE S/O SRI RAMAPPA, R/AT CHOKKANAHALLI, BAGALURU POST, CHIKJALA HOBLI, BENGALURU 562149, MB 9845070364.

4. ULLAS MANDAL MAJOR IN AGE, S/O DHUKHAN MANDAL BHANDARO PO, NAITAND P S, DUMRIRI DISTRICT, GIRIDH, JHARKHAND 825106.

…RESPONDENTS (BY SMT.HARINI SHIVANANDA, ADVOCATE FOR R-1 AND R-2 & R-3 - SERVED, UNREPRESENTED AND NOTICE TO R-4 IS DISPENSED WITH VIDE ORDER DATED 05.04.2023)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.01.2020, PASSED IN MVC NO.6917/2017, ON THE FILE OF THE VII ADDITIONAL SCJ AND ACMM, MEMBER, MACT-3, BENGALURU, DISMISSING THE CLAIM PETITION FOR COMPENSATION.

THIS APPEAL, COMING ON FOR FINAL HEARING, 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 an Award dated 13.01.2020, in MVC.No.6917/2017 [hereinafter referred to as the “Impugned Award”] passed by the learned VII Addl. Judge and Addl. Chief Metropolitan Magistrate, Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru, (hereinafter referred to as "the Tribunal”), By the Impugned Award, the claim petition filed by the appellant under Section 166 of the Motor Vehicles Act, 1988, has been dismissed.

2. The brief relevant facts of the case are that on 22.02.2015, the appellant/claimant was driving his Hyundai Verna car bearing registration No.KA-53-M-4149 along with his wife on National Highway No.7. At that time, a Tipper Lorry bearing registration No.KA-13-5823 was driving ahead of their car. When the driver of the Tipper Lorry reached near a cross road junction, he took a sudden right turn without any signal or indication, which led to the appellant/claimant hitting the rear side of the Lorry. As a result of the accident, there was damage to the vehicle, as well as injuries caused to the appellant/claimant and his wife. The appellant/claimant got his vehicle repaired at a cost of Rs.2,94,718/- and the Insurance Company, who had insured the vehicle, i.e., Bajaj Insurance Company, has made payment in a sum of Rs.1,67,020/-. Since the balance amount of Rs.1,27,698/- remained unpaid, the appellant filed a claim petition before the Tribunal.

3. Although notices were received by the driver and owner of the Tipper Lorry, none appeared on their behalf. The matter was contested by the Insurance Company of the Tipper Lorry.

4. Based on the pleadings of the parties, the following issues were framed:

"1. Whether the petitioner proves that, his vehicle bearing No.KA-53-M-4149 Hyundai car has suffered damages in the accident occurred on 22.02.2015 at about 12.00 noon, on Theelakuntahalli cross, Chikkaballapur Taluk, Chikkaballapura, due to the rash and negligent driving of the driver of Tipper Lorry bearing No.KA-13-5823 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?"

5. The appellant/claimant examined himself as PW-1 and produced 12 documents, which were marked as Ex. P-1 to P-12 and the respondent/Insurance Company also examined two officials as RW-1 and RW-2 and produced two documents, which were marked as Exs.R-1 and R-2.

6. The learned Tribunal after examining the claim of the parties, found that the issue of negligence of