IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 58 OF 2016 (MV-I)

BETWEEN:

SRI JAPULA MANSINGH @ RAMANNA @ RAMNAIK.A S/O SRI. ANAND, AGE: 55 YEARS, OCC: BOOKS VENDOR, R/O NO.38/3, 1^ST MAIN ROAD, CHIKKAMUNIYAPPA GARDEN, YALAHANKA OLD TOWN, BENGALURU-560 064 OLD ADDRESS:

R/AT NO.4-431, PEDDA SHAPUR, SHAMSHABAD, RR DISTRICT, RAJENDRANAGAR, RANGAREDDY DISTRICT Digitally signed by ANDHRA PRADESH.

PADMASHREE …APPELLANT SHEKHAR DESAI (BY SRI. SURESH M LATUR., ADVOCATE)

Location: High Court of Karnataka AND:

1. MRS MUMTAZ W/O MR. AJAZ R/O NO.252, APPORVA BUILDING, B.E.T COLLEGE, R.M. NAGAR BENGALURU-560 016.

2. THE MANAGER BAJAJ ALLIANZ GEN. INSURANCE CO.LTD, GOLDEN HEIGHTS, 4^TH BLOCK, NO.1/2, 59^TH CROSS, 4^TH BLOCK, RAJAJINAGAR, BENGALURU-560 010.

…RESPONDENTS (BY SRI. D VIJAYAKUMAR., ADVOCATE FOR R2, V/O DTD 31.08.2017 NOTICE TO R1 IS D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED01.10.2015 PASSED IN MVC NO.4305/14 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, BENGALURU,PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL HAVING BEEN HEARD AND RESERVED ON

12.02.2026 COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, P SREE SUDHA J., DELIVERED THE FOLLOWING:

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

CAV JUDGMENT

This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 01.10.2015 passed in MVC No.4305/2014, seeking enhancement of compensation.

2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/insurance company. The ranks of the parties are retained as per Tribunal for the sake of convenience.

3. The petitioner/injured claimant, met with an accident on 30.09.2014 and filed claim petition claiming compensation of Rs.8,00,000/-. It is the contention of the petitioner that the Tribunal without properly considering the evidence on record granted compensation of Rs.1,12,000/- under various heads with interest at the rate of 9% p.a., from the date of petition till the date of deposit and fastened the liability on respondents No.1 and 2, being the owner and insurer of the offending vehicle and directed to the insurance company to deposit the compensation. Being aggrieved by the said order, this appeal is filed.

4. Heard arguments on both sides i.e., the petitioner/claimant and the Insurance Company.

5. The learned counsel for the petitioner contented that, the petitioner sustained grievous injuries in the accident. At the time of accident, the petitioner was aged about 54 years, working as a Book Vendor and was earning Rs.15,000/- p.m. but the Tribunal has taken the income at Rs.8,000/- p.m. on the ground that the petitioner has not produced sufficient material in respect of income proof. Accident is of the year 2014 and therefore, income can safely be taken at Rs.8,500/-

per month.

6. On perusal of records, it is seen that the petitioner has sustained fracture of ribs 9^th and 10^th left side and the said injuries are grievous in nature. The manner in which the accident has occurred as per the records reveals that, when the petitioner was riding the TVS XL bearing Reg.No.KA-50-H-4531 from LRDA towards Maharani College and when he reached near Basaveshwara signal, at that time, the rider of the Honda Dio bearing reg.No.KA-03-HV-7495, driving the vehicle in a rash and negligent manner, dashed against the petitioner's vehicle. However, respondent No.1-owner of the Honda Dio vehicle in her counter has stated that the petitioner was riding his vehicle in a negligent manner without observing the signals and the petition is bad for non-joinder of necessary parties i.e., insurer of petitioner's vehicle. Respondent No.2, insurer of Honda Dio vehicle has also contended that the accident occurred due to the rash and