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. 7667 OF 2015 (MV)

C/W MISCELLANEOUS FIRST APPEAL NO. 4551 OF2015 (MV)

IN MFA NO.7667/2015 BETWEEN:

PRAVEEN KUMAR, S/O NAGARAJU, AGED ABOUT 25 YEARS, R/AT BALACHAHALLI VILLAGE, SULADEVANAHALLI, AMMANLURU POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT.

NOW R/AT NO.29/2, 5^TH CROSS VEERANNA PALYA VILLAGE, ARABIC COLLEGE POST, BANGALORE – 560 045.

....…APPELLANT (BY SRI. RAMACHANDRA R. NAIK., ADVOCATE)

AND:

1 . SRI. MURTHY M., S/O LATE MUNIYAPPA, R/AT NO. 28/A, 5^TH CROSS, ARABIC COLLEGE POST, VEERANAPALYA, BANGALORE - 560 045.

2 . THE ORIENTAL INSURANCE CO. LTD., D.O 13, ETHIRAJ MUTT BUILDING, NO.199, 1^ST FLOOR, 2^ND MAIN, SAMPIGE ROAD, NEAR 11^TH CROSS, MALLESWARAM, BANGALORE – 560 003, BY ITS GENERAL MANAGER.

.…RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND., ADVOCATE FOR R2;

V/O DATED 01.04.2019 NOTICE TO R1 DISPENSED WITH)

THIS MFA IS FILED U/S 173(1) OF MV ACT 1989, OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.03.2025 PASSED IN MVC NO.4120/2013 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES JUDGE AND MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSION.

IN MFA NO.4551/2015 BETWEEN:

THE ORIENTAL INSURANCE CO LTD, DIVISIONAL OFFICE-13, ETHIRAJ MUTT BUILDING, NO.199, 1^ST FLOOR, 2^ND MAIN, SAMPIGE ROAD,NEAR 11^TH CROSS, MALLESWARAM, BENGALURU.

THROUGH ITS REGIONAL OFFICE, LEO SHOPPING COMPLEX, NO.44/45, RESIDENCY ROAD, BENGALURU - 560 025.

REPRESENTED BY ITS DEPUTY MANAGER.

... …APPELLANT (BY SRI. S.V. HEGDE MULKHAND., ADVOCATE)

AND:

PRAVEEN KUMAR, S/O NAGARAJU, AGED ABOUT 25 YEARS, R/O BALACHAHALLI VILLAGE, SULADEVANAHALLI, AMMANALLURU POST, VEMAGAL HOBLI, KOLAR TALUK & DISTRICT - 563 101.

AT PRESENT R/O NO.29/2, 5^TH CROSS, VEERANNAPALYA VILLAGE, ARABIC COLLEGE POST, BENGALURU - 560 045.

..…RESPONDENT (BY SRI. RAMACHANDRA R. NAIK., ADVOCATE FOR R1;

SRI. B.R. ANGADI., ADVOCATE FOR R2)

THIS MFA IS FILED U/S 173(1) OF MV ACT 1989, OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.03.2025 PASSED IN MVC NO.4120/2013 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES JUDGE AND MEMBER, MACT, BANGALORE, AWARDING COMPENSATION OF RS.1,25,000/- WITH INTEREST @8% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

THESE MISCELLANEOUS FIRST APPEALS HAVING BEEN RESERVED FOR JUDGMENT COMING ON FOR PRONOUNCEMENT THIS DAY, T.M. NADAF., DELIVERED/PRONOUNCED THE FOLLOWING:

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

CAV JUDGMENT

These two appeals, one by insurer and another by claimant are directed against the judgment and award dated 16.03.2015 in MVC.No.4120/2013 passed by Motor Accident Claims Tribunal and XX Additional Small Causes Judge, Bengaluru (SCCH-22) (‘Tribunal for short’), on liability by the insurer and on the quantum by the claimant.

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

3. Heard Sri.S.V.Hegde Mulkhand, learned counsel for appellant-insurer in MFA.No.4551/2015 and respondent No.2 in MFA.No.7667/2015, Sri.Ramachandra R.Naik and Sri.Suresh.M, learned counsel for claimant/appellant and respondent No.1 in MFA.No.4551/2015 and Sri.B.R. Angadi for respondent No.2. 4. In MFA.No.4551/2015 by the insurer on the point of liability, Sri.Mulkhand mainly submits that a false case was foisted against the insured offending vehicle, whereby the claimant was shown to have suffered injuries in the accident occurred on 31.05.2012. Sri.Mulkhand argues mainly on the following: GROUNDS (i) Firstly, a perusal of complaint there is no whisper regarding the presence of the claimant on the spot to show that he too suffered injuries in the accident.

(ii) Secondly, after a period of 27 days, the claimant has given his statement before the police stating that he being a pillion on the motorcycle bearing No.KA-04-TCR-15 suffered injuries due to the actionable riding in a rash and negligent manner by the rider of