IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27^th February, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI MISCELLANEOUS FIRST APPEAL NO. 103561 OF 2025 (MV) C/W MISCELLANEOUS FIRST APPEAL NO.103437 OF 2025 (MV)

IN MFA NO.103561/2025:

BETWEEN:

THE ORIENTAL INSURANCE CO. LTD., DIVISION OFFICE, YALAMANCHALI COMPLEX, GROUND FLOOR, STATION ROAD, NEAR HOTEL KRISHNA PALACE, HOSPET-583 201, DIST. VIJAYANAGAR, REP. BY AUTHORIZED SIGNATORY.

… APPELLANT (BY SRI S.V. YAJI, ADVOCATE)

AND:

Digitally signed by V N BADIGER Location: HIGH COURT OF 1. SRI HANUMANTAPPA S/O SIDDAPPA GHATI, KARNATAKA DHARWAD BENCH AGE. 49 YEARS, OCC. GOUNDI WORK, Date: 2026.03.02 16:02:20 +0530 R/O. KUKANOOR, J.J. NAGAR, TQ. KUKANOOR, DIST. KOPPAL-583 232.

2. SMT. HULIGEVVA W/O HANUMANTAPPA GHATI, AGE. 39 YEARS, OCC. HOUSEHOLD, R/O. KUKANOOR, J.J. NAGAR, TQ. KUKANOOR, DIST. KOPPAL-583 232.

3. SRI MANOJ, S/O KRISHNEGOUDA @ K.K. MANOJ S/O KRISHNEGOUDA, AGE. 25 YEARS, OCC. DRIVER, R/O. KONDENALU (POST: BAGIVALU B.O.), TQ. ARASIKERI, DIST. HASSAN-573 164.

4. SRI A.R. SUBBAREDDY S/O ALAGARASWAMY REDDY, AGE. 70 YEARS, OCC. BUSINESS, R/O. H.NO.403, EAST OF NGEF, CROSS BDA LAYOUT, NEAR D. MART, BENGALURU-NORTH, BENGALURU-560 016.

… RESPONDENTS (BY SRI D.V. PATTAR, ADVOCATE FOR C/R1 AND R2;

SRI B.C. JNANAYYA SWAMI, ADVOCATE FOR R4 (ABSENT); NOTICE ISSUED TO R3 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 25.02.2025 PASSED IN MVC NO.243/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL YELBURGA, BY ALLOWING THIS APPEAL AND TO MODIFY THE AWARD AGAINST THE APPELLANT AND ETC.

IN MFA NO.103437 OF 2025:

BETWEEN:

THE ORIENTAL INSURANCE CO. LTD., DIVISION OFFICE, YALAMANCHALI COMPLEX, GROUND FLOOR, STATION ROAD, NEAR HOTEL KRISHNA PALACE, HOSPETE-583 201, DIST. VIJAYANAGAR, REP. BY AUTHORIZED SIGNATORY.

… APPELLANT (BY SRI SUBRAYA VISHNU YAJI, ADVOCATE)

AND:

1. SMT. RATNAMMA W/O ANJANEPPA BILIHALA, AGE. 51 YEARS, OCC. HOUSEHOLD, R/O. KUKANOOR, H.G. RAMULU COLONY, TQ. KUKANOOR, DIST. KOPPAL-583 232.

2. SRI RAMESH S/O. ANJANEPPA BILIHALA, AGE. 24 YEARS, OCC. STUDENT, R/O. KUKANOOR, H.G. RAMULU COLONY, TQ. KUKANOOR,DIST. KOPPAL-583 232.

3. SRI MANOJ S/O KRISHNEGOUDA @ K.K. MANOJ S/O KRISHNEGOUDA, OCC. DRIVER, R/O. KONDENALU (POST: BAGIVALU B.O.), TQ. ARASIKERI, DIST. HASSAN-573 164.

4. SRI A.R. SUBBAREDDY S/O ALAGARSWAMY REDDY, AGE. 71 YEARS, OCC. BUSINESS, R/O. H.NO.403, EAST OF NGEF, CROSS BDA LAYOUT, NEAR D. MART, BENGALURU-NORTH, BENGALURU-560 016.

… RESPONDENTS (BY SRI D.V. PATTAR, ADVOCATE FOR R1 AND R2;

NOTICE ISSUED TO R3 TO R5 IS SERVED BUT UNREPRESENTED)

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 27.03.2025 PASSED IN MVC NO.157/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL YELBURGA, TO MODIFY THE AWARD AGAINST THE APPELLANT AND ETC.

THESE APPEALS ARE COMING ON PRONOUNCEMENT AND THE SAME HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 03.02.2026, THIS DAY, B. MURALIDHARA PAI J., DELIVERED THE FOLLOWING:

CORAM: THE HON’BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

CAV JUDGMENT

(PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI)

1. The Oriental Insurance Company Limited, which is Respondent No.3 in MVC Nos.243/2021 and 157/2021 on the file of the learned Senior Civil Judge and MACT, Yelburga, has maintained these appeals being aggrieved by the judgments and awards dated

25.02.2025 and 27.03.2025 respectively, passed therein.

2. These claim petitions have arisen out of the same accident.

As such, these appeals are taken up for consideration together.

3. On 31.01.2021, at around 4.00 p.m., when Ms. Radha was returning from Koppal Gavisiddeshwar Jatre on a bike bearing No. KA- 36-S-949 as a pillion rider along with its rider, namel