- 1 - HC-KAR NC: 2025:KHC:37221 MFA No. 1555 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.1555 OF 2023(MV-I) BETWEEN: SMT. K. S. VASAVI PRASAD D/O SUBBARAYA SETTEEY K AGED ABOUT 41 YEARS, RESIDING AT 4TH D CROSS, 3RD MAIN 3RD BLOCK, HRBR LAYOUT, BENGALURU 560045. …APPELLANT (BY SRI. AMIT ANAND, ADVOCATE) AND: 1. TATA AIG GENERAL INSURANCE COMPANY LTD., BANGALORE REGIONAL OFFICE, 2ND FLOOR, JP AND DEVI JAMBUKESHWARA ARCADE NO 69 MILLERS ROAD, BENGALURU 50052 (REPRESENTED BY ITS INCHARGE MANAGER) INSURER OF THE VEHICLE BEARING REG NO KA 53-3081. POLICY NO 15247297105 VALIDITY 25-06-2018 TO 24-06-2019. 2. SRI ANAND KUMAR, S/O FRANCIS, AGED ABOUT MAJOR, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37221 MFA No. 1555 of 2023 RESIDING AT NO 21, OIL MILL ROAD, L R PURAM STREET THOMAS TOWN, BANGALORE-560084. (OWNER OF THE VEHICLE) 3. SRI *MUNIRAJAPPA @ MUNIRAJU N S/O NARAYANAPPA, AGED ABOUT 58 YEARS RESIDING AT KAGGALAHALLI VILLAGE BUDIGERE POST, DEVANAHALLI TALUK, BENGALURU 562129 …RESPONDENTS (BY SRI. S V HEGDE MULKHAND, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.02.09.2021 PASSED IN MVC NO.3928/2019 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, (SCCH-11), AWARDING COMPENSATION OF RS.6,95,240/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. (FUTURE MEDICAL EXPENSES SHALL NOT CARRY ANY INTEREST) THIS APPEAL, COMING ON FOR PART HEARD, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI * Corrected vide court order dated: 04/11/2025. - 3 - HC-KAR NC: 2025:KHC:37221 MFA No. 1555 of 2023 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.*3928/2019 dated *02.09.2021 by the I Addl. Small Causes Judge and MACT, Bengaluru, whereby the Tribunal had fastened the liability on the appellant/owner of the vehicle, who is respondent No.2 in MVC petition and also passed an order of pay and recover, the appellant is before this Court. The claim petition is filed seeking compensation of an amount Rs.14,00,000/- for the injuries sustained by the claimant in the accident. 2. It is the case that on 04.05.2019 at about 4.00 p.m., the claimant was proceeding on Hero Honda Splendor Plus Motorcycle near Somatthahalli Gate, Vijayapura-Budigere Road, C.R. Patna-HO, Bengaluru-Dist., at that time all of a sudden Bajaj Autorickshaw bearing Reg.No.KA-53-3081 driven by its driver at high speed in a rash and negligent manner and dashed against the motorcycle of the claimant. Due to which the claimant fell down and sustained grievous injuries all over the body. Immediately, he was shifted to Srinivas Nursing Home, Hosakote and then to Hosmat Hospital, Bengaluru, wherein he has taken treatment as an inpatient. Basing on the * Corrected vide court order dated: 04/11/2025. - 4 - HC-KAR NC: 2025:KHC:37221 MFA No. 1555 of 2023 evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation amount awarded 1. Towards injury pain and suffering Rs. 50,000/- 2. Towards medical expenses Rs. 3,02,600/- 3. Towards food and extra nourishment and medical attendant Rs. 4,400/- 4. Towards conveyance Rs. 10,000/- 5. Towards loss of income during treatment Rs. 28,000/- 6. Towards loss of future earning capacity Rs. 2,40,240/- 7. Deprivation of future amenities Rs. 10,000/- 8. Towards future medical expenses Rs. 50,000/- Total Rs. 6,95,240/- 3. The Tribunal had observed that respondent No.2, who is the appellant herein has filed the written statement, in his written statement he has stated that autorickshaw was sold by him to respondent No.3 and he has transferred RC and other necessary documents to respondent No.3, but only the insurance policy is standing in his name. In support of his written statement contention, he has produced xerox copy of sale receipt, transfer of insurance and delivery note. Respondent No.2 did not step into the witness box and produce - 5 - HC-KAR NC: 2025:KHC:37221 MFA No. 1555 of 2023 the original RC record to show transfer of RC in the name of respondent No.3. There is no material before the Tribunal to show that the autorickshaw is in the name of respondent No.3. On perusal of the insurance policy, the Tribunal had held that the appellant herein is the owner of the vehicle and is liable to pay the compensation and the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. 4. Learned counsel appearing for the appellant submits that in fact the accident had taken place on 04.05.2019. On 29.09.2018 itself he has transferred the RC. He submits that there are latches on the part of the applicant in filing the original RC before the Tribunal. It is submitted that now he had filed an application under Order 41 Rule 27 of CPC to receive the same as an additional document and no objections are filed by any of the respondents and as per the same, it is transferred on 29.09.2018. It makes it very clear that he is not the owner of the vehicle and there cannot be any liability on the appellant. - 6 - HC-KAR NC: 2025:KHC:37221 MFA No. 1555 of 2023 5. Notice is served by way of substituted service on the alleged owner, who is respondent No.3 and notice is held sufficient. The claimant though filed an appeal has not appeared before this Court on several occasions. Hence, the appeal is dismissed for non-prosecution. 6. Learned counsel appearing for respondent No.1/ Insurance Company submits that the matter may be remanded back to the Tribunal to prove that whether it is an original document or not. It is submitted that the appellant, if at all he is not the owner of the vehicle, he would have appeared before the Tribunal and he would have produced the original RC and at this stage he is not entitled for production of the same. 7. Having heard the learned counsels on either side, perused the material on record. This Court had perused I.A.No.3/2023 filed under Order 41 Rule 27 Read with Section 107 1 (d) and 151 of CPC. No objections are filed on behalf of the respondents. This Court looking at the said document, it appears that Sri. Anand Kumar, who is respondent No.2 herein is the owner and the same was transferred to him on 29.09.2018 and the accident has taken place on 04.05.2019 as - 7 - HC-KAR NC: 2025:KHC:37221 MFA No. 1555 of 2023 on the date, he is the owner of the vehicle. Hence, in that view of the matter, the application i.e., I.A.No.3/2023 filed under Order 41 Rule 27 of CPC is allowed and the document is taken on record. In the light of the above evidence, respondent No.2 herein, who is the owner of the vehicle is liable to pay the compensation. 8. Accordingly, the judgment and award passed in MVC.No.*3928/2019 dated *02.09.2021 by the I Addl. Small Causes Judge and MACT, Bengaluru is modified. i. The liability is fixed on respondent No.2 herein, who is the owner of the vehicle. ii. As the Tribunal has already applied principle of pay and recover, the Insurance Company shall pay the amount and recover the same from respondent No.2 herein. iii. The appellant is at liberty to withdraw the amount by deducting the interest for 545 days. iv. The amount shall be deposited within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the appellant is entitled to withdraw the entire amount without furnishing any security. * Corrected vide court order dated: 04/11/2025. - 8 - HC-KAR NC: 2025:KHC:37221 MFA No. 1555 of 2023 v. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. vi. On 29.08.2024, the delay of 545 days is condoned on the condition that the appellant has to pay the interest for the delayed period. Respondent No.2 is not liable to pay the interest for the delayed period and it is the appellant who has to pay the interest for 545 days. vii. No costs. viii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 3 Sl No.: 2