Reliance General Insurance Co. Ltd., Vs Sri. Nagarajegowda

RELIANCE GENERAL INSURANCE CO. LTD., CITY TRADE CENTER OPP. KSRTC BUS STAND B.N. ROAD, MYSURU-570 001. REP. BY ITS MANAGER LEGAL. No.28, 5^TH FLOOR, EAST WING CENTENARY BUILDING M.G. ROAD, BENGALURU - 560 001. (R-2 PLACED EXPARTE)

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…APPELLANT

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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(BY SRI D VIJAYA KUMAR, ADVOCATE)

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AND:

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SRI NAGARAJEGOWDA

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S/O. LATE KEMPEGOWDA AGED ABOUT 59 YEARS R/AT. SIDDANAKOPPALU VILLAGE SIDDAPURA POST HEBBALU HOBLI K.R. NAGARA TALUK, MYSURU DISTRICT-571 602.

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NC: 2026:KHC:36630 MFA No. 7160 of 2025

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HC-KAR

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CNR: KAHC010630872025

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SRI PREM KUMAR S.M. S/O. LATE MANMATHARAJAIAH AGED ABOUT 68 YEARS R/AT. No.383, MAHAVEERA ROAD SALIGRAMA VILLAGE & POST K.R. NAGAR TALUK MYSURU DISTRICT-571 604.

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(RIDER / OWNER OF SCOOTER BEARING REG. No.KA-45-U-9779)

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…RESPONDENTS

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(BY SMT. SUMA K, ADVOCATE FOR R1 V/O DTD. 17.07.2026, NOTICE TO R2 D/W)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:06.04.2024 PASSED IN MVC No.540/2021 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, AWARDING COMPENSATION OF RS. 4,03,000/WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION OF ENTIRE AMOUNT.

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THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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The appeal is filed by the insurer challenging the

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Judgment and Award dated 06.04.2024 passed in MVC

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No.540/2021 by Judge Additional Court of Small Causes

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and M.A.C.T., Mysuru.

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3 - NC: 2026:KHC:36630 MFA No. 7160 of 2025

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HC-KAR

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CNR: KAHC010630872025

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2. Even though the appeal is listed today for

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order/admission, it is taken up for disposal with the consent of learned counsel for the appellant and learned counsel for respondent No.1 –insurer.

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3. Respondent No.1 -claimant made a claim petition praying to award compensation for the injuries sustained by him in road traffic accident occurred on 15.02.2021 contending that the accident occurred due to the rash and negligent driving of the rider of the Vesta scooter bearing registration No.KA-45/U-9779. The Tribunal after recording evidence and appreciating the evidence on record has assessed compensation and awarded compensation under various heads as under:

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Sl. No.	Heads	Amt. of Rs.
1	Loss of earning/future earning on account of disability	Rs.1,62,000/-
2	Loss of Earnings during treatment (laid up period)	Rs.45,000/-
3	Damages for pain, suffering and Trauma as a consequence of the injuries	Rs.50,000/-
4	Loss of Amenities	Rs.45,000/-
5	Transportation, Nourishment, Attendant and Miscellaneous	Rs.35,000/-

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NC: 2026:KHC:36630 MFA No. 7160 of 2025

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HC-KAR

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CNR: KAHC010630872025

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	Expenditure
6	Expenses relating to treatment,	Rs.66,000/-
	hospitalization and medicines
	Total	Rs.4,03,000/-

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4. The Tribunal has also awarded interest at

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the rate of 6% per annum from the date of petition till realisation. The Tribunal has held that the appellant - insurer and respondent No.2 are jointly liable to pay the award amount with interest and directed the appellant - insurer to deposit the compensation amount. The appellant -insurer has been placed ex-parte before the Tribunal. The insurer is challenging the said judgment and award on the ground that the insurer has been placed ex - parte and had no opportunity to contest the claim petition.

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5. Heard learned counsel for the appellant and learned counsel for respondent No.1 –claimant.

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6. Learned counsel for the appellant –insurer would contend that the appellant -insurer has been served with notice and has been placed ex-parte and there was no opportunity for the appellant -insurer to contest the

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5 - NC: 2026:KHC:36630 MFA No. 7160 of 2025

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HC-KAR

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CNR: KAHC010630872025

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claim petition. He further submits that the insured vehicle is not involved in the accident and the compensation awarded is on higher side. The rider of the motorcycle is not having driving license. With this, he prays for allowing the appeal and remanding the matter to the Tribunal.

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7. Learned counsel for respondent No.1 - claimant submits no objection for remanding the matter and prays to keep open all contentions of the parties.

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8. Having heard learned counsels, the Court

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has perused impugned judgment and award.

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9. The appellant –insurer was respondent No.2 before the Tribunal. Respondent No.2 has been placed ex-parte. It is admitted that the charge sheet has

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been filed against the rider of the insured vehicle for offence punishable under Section 3 read with Section 181 of Motor Vehicles Act along with other offences under IPC which indicate that the rider of the insured vehicle was not holding the driving license. It is further submitted that the rider of the insured vehicle has pleaded guilty and paid

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HC-KAR

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CNR: KAHC010630872025

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fine for offence of not holding the license as on the date of

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the accident. Considering the said aspect, there are grounds for the appellant -insurer to contest the claim petition. As the appellant -insurer has been placed ex - parte by the Tribunal, had no opportunity to contest the claim petition. Considering the said aspects, the matter requires to be remanded to the Tribunal keeping all contentions of both the parties open to be considered by the Tribunal by giving opportunity to both the parties to lead evidence and to the appellant -insurer to file the

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statement of objections and to lead evidence thereon.

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10. In view of above the following

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ORDER

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i) The appeal is allowed.

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ii) The impugned Judgment and Award dated 06.04.2024 passed in MVC No.540/2021 by Judge Additional Court of Small Causes and M.A.C.T., Mysuru is set aside.

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iii) The matter is remanded back to the Tribunal.

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HC-KAR

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NC: 2026:KHC:36630 MFA No. 7160 of 2025

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CNR: KAHC010630872025

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iv) The Tribunal shall give an opportunity to the appellant -insurer to file statement of objections within one week of the date of appearance and lead evidence.

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