- 1 - HC-KAR NC: 2025:KHC:29372 MFA No. 2995 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2995 OF 2017 (MV-I) BETWEEN: UNITED INDIA INSURANCE CO. LTD., NO.1, IST FLOOR, 3RD CROSS 100 FEET ROAD HOSAKEREHALLI BENGALURU-560035 NOW REPRESENTED BY ITS REGIONAL MANAGER UNITED INSURANCE CO LTD NO. 5 & 6TH FLOOR NEAR HUDSON CIRCLE KRISHI BHAVAN NRUPATHUNGA ROAD BENGALURU-560 001 …APPELLANT (BY SRI A N KRISHNA SWAMY., ADVOCATE) AND: 1. CHETHAN KUMAR S/O KUMAR AGED ABOUT 21 YEARS R/A CHANDRAPPA CIRCLE CHUCHANAKUPPE POST THAVAREKERE HOBLI-560 029 BENGALURU SOUTH TALUK 2. MUTHURAJ M S/O MUTTAIAH NO.19/20, MARUTHINAGAR Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29372 MFA No. 2995 of 2017 KENGERI HOBLI BENGALURU-560 060 …RESPONDENTS (BY SRI SHRIPAD V SHASTRI FOR R1; R2 IS HELD SUFFICIENT) THIS MISCELLANEOUS FIRST APPEAL FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 07.12.2016 PASSED IN MVC NO.2591/2015 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSE JUDGE AND MEMBER MACT, BENGALURU, AWARDING COMPENSATION OF RS. 3,52,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides in M.F.A.No.2995 of 2017 filed against the award of the Tribunal in M.V.C.No.2591 of 2015 dated 07.12.2016. 2. It is a case of injury sustained by the pillion rider. The Tribunal, by considering the oral and documentary evidence of both sides directed Respondent No.2 to deposit Rs.2,52,000/- with interest at the rate of 9% per annum. Aggrieved by the said, the Insurance Company preferred this appeal and mainly contended that - 3 - HC-KAR NC: 2025:KHC:29372 MFA No. 2995 of 2017 the policy issued by them is "act only policy" and no additional premium was paid for the pillion rider. Moreover, owner remained ex-parte. As such, they are not liable to pay the compensation. 3. It is submitted that Insurance Company examined RW-1 but he was not cross-examined by the claimant and hence, cross-examination was recorded as 'nil'. Later, claimant filed an application for recall of RW-1, it was allowed, but he did not turn up for cross- examination. 4. In view of the above, the matter is remanded to the Tribunal with a direction to cross-examine RW-1, if at all he is not in service or not available, Insurance Company is at liberty to examine any other person as their witness by duly giving opportunity of cross-examination to the other side and the Tribunal is directed to dispose of the matter, afresh, after hearing both sides on the issue of liability. - 4 - HC-KAR NC: 2025:KHC:29372 MFA No. 2995 of 2017 5. Registry is directed to send the records to the Tribunal within ten days from the date of this order and the Tribunal is directed to dispose of the matter within two months from the date of receipt of copy of this order. 6. The parties are directed to appear before the Tribunal on 18.08.2025 without any further notice from this Court. 7. The Tribunal is directed to refund 50% of the amount already deposited by the Insurance Company to them. Sd/- (P SREE SUDHA) JUDGE DH List No.: 1 Sl No.: 94