RESERVED ON : 31.10.2025 PRONOUNCED ON : 27.01.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.2636 OF 2015 (MV-I)

BETWEEN:

NATIONAL INSURANCE CO., LTD., REGIONAL OFFICE, NO.144, SUBHARAM COMPLEX, M.G. ROAD, BANGALORE – 560 001.

REPRESENTED BY ITS ADMN. OFFICER MR. E. JAYASEELAN.

…APPELLANT (BY SRI. ANUP SEETHARAM RAO, ADVOCATE FOR SRI. B.C.SEETHARAMA RAO, ADVOCATE)

AND:

1. SRI. BASAVARAJU, AGED ABOUT 51 YEARS, S/o. LATE. SINGACHARI, NO.365, PIPELINE ROAD, SRINIVASANAGAR, NEAR: ANNIE BESANT SCHOOL, SUNKADAKATTE, BANGALORE – 560 091.

2. SRI. DHANANJAIAH T.S., MAJOR, S/o. SRI.SHIVALINGAPPA, NO.99, ADAKAMARANAHALLI VILLAGE, MAKALI POST, DASANAPURA HOBLI, BANGALORE – NORTH TALUK -560 079.

(OWNER OF MOTOR CYCLE NO.KA.52/H-3758)

…RESPONDENTS (BY SRI. R.V. SHIVANANDA REDDY, ADVOCATE FOR R1;

VIDE ORDER DATED 16.12.2019, NOTICE TO R2 IS HELD SUFFICIENT)

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 06.01.2015 PASSED IN MVC NO.5746/2013 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES & XXVI ACMM, BANGALORE, AWARDING COMPENSATION OF RS. 1,09,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION.

THIS APPEAL HAVING BEEN HEARD AND RESERVED AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, T.M.NADAF, J., PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE T.M.NADAF

CAV JUDGMENT

This appeal is by insurer, calling in question the judgment and award dated 06.01.2015 in MVC.No.5746/2013 passed by Court of Small Causes and Motor Accident Claims Tribunal at Bangalore (SCCH-09)

(‘Tribunal’ for short) on the ground of liability.

2. The parties are referred to as per their rankings before the Tribunal.

3. The brief factual matrix leading to filing of present petition are as under:

4. On 09.05.2013 at 10.00 a.m, the claimant registered a complaint with Yeshwanthpura traffic police stating that he met with an accident on 05.05.2013, due to the actionable negligence of the rider of the motorcycle bearing No.KA-52-H-3758. Immediately, after the accident he took treatment with a Ayurvedic doctor (Nati Vydya) and as the injuries as well as pain aggravated, he went to K.C.General Hospital. He registered the complaint before the police on 09.05.2013 at 10.00 a.m. and thereafter admitted to the hospital, at 11.40 a.m., on the same day. The police having conducted the investigation filed charge sheet against the rider of the motorcycle.

5. The claimant preferred a claim petition seeking compensation for a sum of Rs.7,20,000/- for the injuries caused in the road traffic accident due to the actionable negligence of the rider of the motorcycle.

6. Upon issuance of notice, respondent No.1/owner of the motorcycle though served remained absent and placed ex-parte.

7. The respondent No.2/insurer appeared and filed written statement inter alia contending that the motorcycle is not involved in the accident and the same is falsely implicated to make unjust enrichment and sought to dismiss the claim petition.

8. Upon completion of pleadings the Tribunal framed in all three issues:

(1) On the rash and negligence of the rider of the motorcycle;

(2) The entitlement of compensation;

(3) What order to be passed?

9. Before the Tribunal, the claimant examined as PW-1 and two witnesses as PW-2 and PW-3, produced 15 documents and marked as Exs.P1 to P15. The respondent No.2-Insurer examined two witnesses as RW-1 and RW-2, produced four documents and marked as Exs.R1 to R4.

10. The Tribunal answered Issue No.1 in ‘affirmative’ and Issue No.2 ‘partly in affirmative’ and awarded a total sum of Rs.1,09,000/- with 6% interest from the date of petition till realisation.

11. The Tribunal has held that there is no serious dispute regarding the occurrence of the accident and involvement of the offending motorcycle and also the injuries sustained by the claimant in the accident. The claimant has proved accident as per Ex.