- 1 - HC-KAR NC: 2025:KHC:37563 MFA No. 386 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 386 OF 2016 (MV-D) BETWEEN: THE UNITED INDIA INSURANCE COMPANY LIMITED REGIONAL OFFICE, NO. 25, M.G. ROAD, SHANKARANARAYAN BUILDING, BANGALORE- 560 001. NOW AT HUDSON CIRCLE, BANGALORE- 560 001. REP BY ITS MANAGER P. NAVAMANI. …APPELLANT (BY SRI. L SREEKANTA RAO, ADVOCATE) AND: 1. NINGAMMA ALIAS LINGAMMA W/O LATE B H GANGADHARAIAH, SINCE DEAD BY LRS 1(A) CHANDRAPPA, S/O LATE GANGADARAIAH, 1(B) RAJANNA, S/O LATE GANGADARAIAH, 1(C) PRAKASH, S/O LATE GANGADARAIAH, ALL ARE RESIDING AT NO.45, 2ND MAIN ROAD, RAGHAVANAGAR, OPPOSITE TO PAINT AND HARDWARE SHOP, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37563 MFA No. 386 of 2016 NEW TIMBER YARD LAYOUT, BANGALORE- 560026. 2. DISTRICT HEALTH FAMILY WELFARE OFFICER (DHWO) C/O GVK EMERGENCY, MANAGEMENT AND RESEARCH INSTITUTE STDC, HOUSING BOARD COLONY, OPP: GOVT UNANI MEDICAL COLLEGE, GMS COMPOUND, MAGADI ROAD, BANGALORE- 560 079 3. THAMMAIAH S/O LATE RANGAIAH, NO. 30, 8TH MAIN, 9TH CROSS, AGRAHARA DASARAHALLI, MAGADI ROAD, BANGALORE- 560 079 …RESPONDENTS (BY SRI. R.A.MACHKKANUR, AGA FOR R2; SRI. K.V.SHYAMA PRASAD, ADVOCATE FOR R1 (A TO C); V/O DT 22.04.21, SERVICE OF NOTICE TO R3 H/S) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.9.2015 PASSED IN MVC NO.7875/2012 ON THE FILE OF THE 9TH ADDITIONAL SMALL CAUSES JUDGE, 34TH ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, AWARDING A COMPENSATION OF RS.4,12,500/- WITH INTEREST @ 6% P.A FROM THE DATE OF THE PETITION TILL THE DATE OF PAYMENT. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37563 MFA No. 386 of 2016 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the Insurance Company disputing the finding of negligence. However, the claim petition was filed by the claimant under Section 163-A of the Motor Vehicles Act, 1988. Therefore, the learned counsel for the appellant states that they cannot question negligence under Section 163-A of the Motor Vehicles Act, 1988. Hence, the appeal stands dismissed as infructuous. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 45