IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31^ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MFA NO. 2839 OF 2019 (MV-D)

BETWEEN:

1. SMT LAKSHMAMMA W/O LATE GANGAPPA AGED ABOUT 62 YEARS 2. RAMAKRISHNAPPA AGED ABOUT 32 YEARS S/O LATE GANGAPPA PRESENTLY R/A C/O NARASAPPA NO.8, 10TH CROSS KUSHALAPPA LAYOUT BHUVANESHWARI NAGAR BENGALURU-560040 PERMANENT R/O MALLASANDRA VILLAGE G BOMMASANDRA POST GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT-561 208 …APPELLANTS (BY SRI. NAGARAJA REDDY.D., ADVOCATE)

AND:

1. UNITED INDIA INSURANCE CO LTD NO.1114/63, II FLOOR TAKUR COMPLEX, S C ROAD YESHWANTHPURA BANGALORE-560 022 REP. BY ITS MANAGER 2. SRI NARASIMHA S MAJOR, NO.8, 3^RD CROSS

8TH MAIN, NEAR LCR SCHOOL GOKULA, YESHWANTHAPURA BENGALURU-560 022 …RESPONDENTS (BY SMT.MANJULA N. TEJASWI, ADVOCATE FOR R1;

VIDE ORDER DTD 20.03.2024 NOTICE TO R2 IS HELD SUFFICIENT)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.10.14 PASSED IN MVC NO.4317/12 ON THE FILE OF THE MEMBER, MACT & XX ASCJ, BENGALURU [SCCH-22], PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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, Judgment and Award dated 30.10.2014, in MVC No.4317/2012 passed by the Learned XX Additional Small Causes Judge and Member, MACT, at Bengaluru, [hereinafter referred to as the “Impugned Award”].

2. By the Impugned Award, the appellants/claimants have been awarded a compensation of Rs.3,10,000/- with interest at the rate of 6% per annum. The liability however, was accorded on the owner of the vehicle alone by the learned Tribunal.

3. Briefly the facts are that, on 09.03.2012 at about 07.30 p.m. the deceased Gangappa (husband of the appellant No.1 and father of appellant No.2) was riding as a pillion rider on a motorcycle bearing Registration No.KA-43-H-8794, and near Alipura-Thondabavi road, near Jyothinagar Lake Brigde, Gowribidanur Taluk. At that time, the rider of a Bajaj Caliber Duo bearing Registration No.KA-04-X-730 stated to be driving at a high speed in a rash and negligent manner collided with the motorcycle. As a result of which, the deceased fell from the motorcycle and sustained severe injuries. He was immediately shifted to Government Hospital, Gowribidanur, and thereafter to Bowring and Lady Curzon Hospital, Bengaluru. The deceased however, succumbed to his injuries on 11.03.2012.

4. The appellants/claimants filed a claim petition before the learned Tribunal. The matter was contested by the Respondent/Insurance Company before the learned Tribunal. The owner did not appear despite service and was proceeded with ex parte.

5. Based on the pleadings between the parties, the learned Tribunal framed the following issues:

"1. Whether the petitioners prove that the accident occurred on 09.03.2012 at about 7.30 p.m. near Gowribidanur Taluk, Jyothinagar lake bridge, Chikkaballapura District was caused due to rash and negligent driving of Bajaj Caliber Deo bearing Reg. No.KA-04-X-730 by its driver who dashed against Hero Honda Motor cycle bearing Reg. to which deceased No.KA-43-H-8494. Due Gangappa who was travelling as a pillion rider in the said vehicle sustained grievous injuries and succumbed to it?

2. Whether 1 respondent further proves that this Court has no jurisdiction to entertain the claim petition as contended in para No.3 of his written statement?

3. Whether 1st respondent proves that the rider of Motor cycle bearing Reg. No.KA-43-H-8494 was not holding valid and effective Driving licence as on the date of accident?

4. Whether the petitioners are entitled for compensation? If so, how much and from whom?

5. What order or Award?"

6. The learned Tribunal after examining the pleadings and evidence between the parties passed the Impugned Award awarding compensation in the sum of Rs.3,10,000/- to the ap