Karnataka High Court
The New India Assurance Co Ltd vs Sri Yogesh on 14 November, 2025
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MFA No. 5394 of 2015
C/W MFA No. 5393 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
MISCELLANEOUS FIRST APPEAL NO.5394 OF 2015 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.5393 OF 2015 (MV-I)
IN MFA No.5394/2015
BETWEEN:
THE NEW INDIA ASSURANCE CO. LTD.,
NO.9/2 DO-III MAHALAKSHMI COMPLEX
M.G. ROAD
BENGALURU-560 001
POLICY ISSUED AT DO VIII (671600),
2ND FLOOR
GOPAL COMPLEX
NO.47, BAZAR STREET
YESHWANTHAPURA
BENGALURU-560 022
REPRESENTED BY ITS MANAGER
...APPELLANT
(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE)
AND:
1. SRI YOGESH
S/O RAMANAYAK
AGED ABOUT 38 YEARS
R/O NO.92
UTHTHASIPALYA
MALLAPURA
SONDEKOPPA ROAD
NELAMANGALA
BENGALURU RURAL DISTRICT-562 123
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MFA No. 5394 of 2015
C/W MFA No. 5393 of 2015
2. MR IMRAN PASHA
S/O BIBI JAN
MAJOR IN AGE
R/O NO.11
2ND STAGE
KARNATAKA LAYOUT
BASAVESHWARA NAGAR
BENGALURU-560 079.
...RESPONDENTS
(BY SRI.RAGHU R, ADVOCATE FOR
SRI. P SHIVAKUMAR, ADVOCATE FOR R1;
V/O DTD:10.01.2020, NOTICE TO R-2 IS D/W)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S
173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL
FOR THE RECORDS OF THE COURT OF MOTOR ACCIDENT
CLAIMS TRIBUNAL, XX ADDL. SMALL CAUSES JUDGE, MACT &
XX ASCJ BANGALORE [SCCH-22] IN MVC NO.4283/2013 AND
SET ASIDE THE JUDGMENT AND AWARD DATED 14-5-2015
MADE THERE IN BY ALLOWING THIS APPEAL AND GRANT SUCH
OTHER APPROPRIATE AS THIS HON'BLE COURT DEEMS FIT TO
GRANT IN THE INTEREST OF JUSTICE.
IN MFA NO. 5393/2015
BETWEEN:
THE NEW INDIA ASSURANCE CO LTD.,
NO.9/2 DO-III MAHALAKSHMI COMPLEX
M G ROAD
BANGALORE 560 001
POLICY ISSUED AT DO VIII
(671600)
2ND FLOOR, GOPAL COMPLEX
NO.47, BAZAR STREET
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MFA No. 5394 of 2015
C/W MFA No. 5393 of 2015
YESHWANTHAPURA
BENGALURU 560022
REPRESENTED BY ITS MANAGER
...APPELLANT
(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE)
AND:
1. SRI NARASIMHAMURTHY
S/O LATE SIDDALINGAIAH
AGED ABOUT 44 YEARS
R/O NEAR GANESH GUDI
SONDEKOPPA ROAD
NELAMANGALA TOWN
BENGALURU RURAL DISTRICT-562 123
2. MR IMRAN PASHA
S/O BIBI JAN
MAJOR IN AGE
R/O NO.11
2ND STAGE
KARNATAKA LAYOUT
BASAVESHWARA NAGAR
BENGALURU-560 079.
...RESPONDENTS
(BY SRI.RAGHU R, ADVOCATE FOR
SRI. P SHIVAKUMAR, ADVOCATE FOR R1;
V/O DTD:17.07.2019, NOTICE TO R-2 IS D/W)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S
173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL
FOR THE RECORDS OF THE COURT OF MOTOR ACCIDENT
CLAIMS TRIBUNAL, XX ADDL. SMALL CAUSES JUDGE, MACT &
XX ASCJ BANGALORE [SCCH-22] IN MVC NO.4284/2013 AND
SET ASIDE THE JUDGMENT AND AWARD DATED 14-5-2015
MADE THERE IN BY ALLOWING THIS APPEAL AND GRANT
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MFA No. 5394 of 2015
C/W MFA No. 5393 of 2015
SUCH OTHER APPROPRIATE RELIEFS AS THIS HON'BLE COURT
DEEMS FIT TO GRANT IN THE INTEREST OF JUSTICE.
THESE APPEALS HAVING BEEN HEARD AND RESERVED
FOR JUDGMENT ON 30.10.2025 AND COMING ON FOR
PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED
THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO
CAV JUDGMENT
The MFA No.5394/2013 and MFA No.5393/2013 are
filed under Section 173(1) of the Motor Vehicles Act, 1989
(herein after referred to as 'the MV Act' for short), to set
aside the common Judgment and Award dated 14.05.2015
in MVC No.4283/2013 and 4284/2013 passed by the XX
Additional Small Causes Judge and MACT, Bangalore
(SCCH-22) (herein after referred to as 'the Tribunal' for
short).
2. The appellant herein in both the appeals are
respondent in both the MVC and the respondents No.1
herein in both the appeals are the claimants in both the
cases and the respondent No.2 herein in both the appeals
is the respondent No.1 before the Tribunal.
3. The claim petitions are filed by the
petitioners/claimants, under section 166 of the MV Act,
claiming the compensation of Rs.2,00,000/- in MVC
No.4283/2013 and Rs.5,00,000/- in MVC No.4284/2013
for the injuries sustained by claimants in a road traffic
accident.
The brief facts of the case are that:-
4. On 20.06.2013, at about 9:20 a.m., the
petitioner/claimant in MVC No.4283/2013 was riding a
motorcycle bearing reg.No.KA-06-ED-1790 with his friend,
the petitioner/claimant in MVC No.4284/2013, as pillion
rider, on Nelamangala-Sondekoppa road towards
Nelamangala, near Habitat Greens, a TATA Ace bearing
Reg.No.KA-02-D-340 came from the opposite direction at
high speed, driven rashly and negligently in a zig-zag
manner and dashed their motorcycle. The claimants
sustained grievous injuries and were admitted to
Mathrushree Hospital, Nelamangala, for a week, incurring
expenses of Rs.30,000/- and Rs.60,000/- respectively
towards treatment and related costs.
5. At the time of the accident, the claimant in MVC
No.4283/2013 was 36 years old, employed as a Tailor at
Karle Garment Factory earning Rs.7,000/- per month,
while the claimant in MVC No.4284/2013 was 42 years old,
working as a Coolie earning Rs.8,000/- per month. Both
were healthy before the accident but have since suffered
mental shock, agony, and loss of earning capacity due to
the injuries. The accident occurred solely due to the rash
and negligent driving of the TATA Ace driver.
6. Per contra the respondent No.1 denied all
allegations but admitted issuing insurance policy
No.67160031120100005903 for the TATA Ace bearing
Reg.No.KA-02-D-340 valid from 08.09.2012 to
07.09.2013, subject to policy terms under the MV Act, and
the driver as holding a valid licence. It was contended that
the vehicle's fitness certificate had expired on the date of
accident and was renewed only afterwards, and that it had
no valid permit to ply, absolving the insurer of liability. It
was also alleged that the claimant was riding the
motorcycle without a driving license. The compensation
claimed was exorbitant.
7. In order to substantiate their case, both the
claimants got examined as PW-1 and PW-2 and got
documents marked as per Exs.P1 to P28. On the other
hand, respondent No.1 examined its Assistant Legal
Manager as RW-1 and Senior IMV RTO as RW-2 and got
marked documents at Exs.R1 to R6.
8. On careful perusal of the oral and documentary
evidence, the learned Tribunal awarded Rs.75,000/- to the
claimant in MVC No.4283/2013 and Rs.2,50,000/- to the
claimant in MVC No.4284/2013.
9. The learned counsel appearing for the appellant
in MFA No.5394/2013 the Tribunal erred in awarding
compensation under various heads without proper
evidence under all the heads. The claimant having
sustained only two simple injuries, failed to prove
occupation, income, disability or medical expenditure
through acceptable evidence. Hence, the total
compensation of Rs.75,000/- awarded is highly exorbitant.
10. The learned counsel appearing for the appellant
in MFA No.5393/2013 would contend that the Tribunal
erred in awarding compensation under various heads
without proper medical or documentary evidence. The
medical records reveal no fractures or organ impairment,
and the claimant failed to examine the doctor or establish
any permanent disability. The claimant was treated as an
inpatient for only three days and continued his
employment without loss of income. Hence, the total
compensation of Rs.2,50,000/- awarded is highly
exorbitant.
11. Learned counsel for Respondent No.1 submits
that the Judgment and Award passed by the Tribunal is
just and proper and requires no interference.
12. Heard learned counsel appearing for the
appellant as well as Respondent No.1 and perused the
records.
13. Out of total compensation awarded, 50% of the
compensation has been deposited before this Court by the
appellant as directed by this Court on 23.07.2015.
14. On perusal of the impugned Judgment and Award
and the material available on record, this Court is of the
considered opinion that the compensation of Rs.75,000/-
along with interest at the rate of 8% p.a., awarded by the
Tribunal in MFA No.5394/2015 (MVC No.4283/2013) and
the compensation of Rs.2,50,000/- along with interest at
the rate of 8% p.a., awarded by the Tribunal in MFA
No.5393/2015 (MVC No.4284/2013) are just and proper.
15. Therefore, the following Order is passed:
i) MFA No.5394/2015 and MFA No.5393/2015 are
dismissed.
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ii) The common Judgment and Award dated
14.05.2015 in MVC No.4283/2013 and 4284/2013 passed
by the XX Additional Small Causes Judge and MACT,
Bangalore (SCCH-22), is hereby confirmed.
iii) The compensation amount in both the cases shall
be deposited by the Insurance Company within a period of
eight weeks from today.
iv) Amount in deposit with accrued interest, if any
shall be transmitted to the Tribunal in both the cases.
Sd/-
(DR.K.MANMADHA RAO)
JUDGE
BNV
