Karthik Kumar.K vs Muniyappa.A on 12 June, 2026

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    Bangalore District Court

    Karthik Kumar.K vs Muniyappa.A on 12 June, 2026

                         KABC0B0008062022
    
    
    
    
    BEFORE THE MACT & XV ADDL., JUDGE, COURT OF SMALL
       CAUSES, MAYO HALL UNIT, BENGALURU (SCCH-19)
    
                 Dated this the 12th day of June 2026
    
                              Present:
                     Sri. Mohan Sadashiv Pol,
                                  B.A.LL.B. (Spl.)
                    XV Addl. Small Causes Judge
                     & XXIII ACMM, Bengaluru.
    
                         MVC.No.2899/2022
    
      1) Sri. K. Karthik Kumar,
         S/o. K. Sreenivasulu,
         Age 32 years,
         R/at No.2-1205/1,
         Padmavathinagar, Pileru,
         Kondreddigaripalle,
         Chittoor, Andhrapradesh-517 214.
                                                 ..... Petitioner
         (By Sri.T.M.Adv.,)
    
                              -V/s-
    
      1) Sri. Muniyappa A.
        S/o. Late. Annayappa,
        No.80/1, 1st Main Road,
        7th Cross, Yemalur,
        Near Ganesha Temple,
        Bangalore-560 037.                     ..... Respondent
      (Owner of Motorcycle No.KA-03/EW-3292)
      (By Sri.D.M. Adv.,)
      SCCH-19                               2               MVC 2899/2022
    
    
    
    Date of Institution of Petition :          03-06-2022
    Nature of Petition                     :   U/Sec.166 of MV Act.
    Date of Commencement of                :   17-10-2022
    Recording of Evidence
    Date of pronouncement of               :   12-06-2026
    Judgment
    Total Duration                         :   Year    Months       Days
                                                04          00       09
    
    
                                   JUDGMENT
    

    The petitioner filed this petition U/Sec.166 of Motor
    Vehicles Act 1988 for claiming compensation of
    Rs.50,00,000/-.

    2. The brief facts of the case of the petitioner is that, on
    06-10-2021 at about 10.00p.m. he was riding a
    motorcycle bearing Reg.No.AP-03/AD-5522 on Varthur
    Main Road, Bangalore and reached near to Varthur Govt
    School, at that time, the rider of the another motorcycle
    bearing Reg.No.KA-03/EW-3292 drove it, in a rash and
    negligent manner, so as to endanger the human life, came
    at high speed and dashed against the petitioner’s
    motorcycle, caused the accident, as a result of forced
    impact, petitioner was fell down and sustained grievous
    injuries.

    SPONSORED

    SCCH-19 3 MVC 2899/2022

    3. Immediately, the petitioner was shifted to Columbia
    Asia Hospital, Whitefield, Bangalore and admitted as an
    inpatient, he sustained severe head injury sub dural
    hemorage commuted fracture of both orbit, frontal bone,
    fracture of maxilla and other facial injuries. He underwent
    surgeries for the said fractures, the petitioner is still
    under treatment and he was spent more than
    Rs.10,00,000/- towards medical and other expenses, he
    require one more surgery for removal of implants. The
    petitioner cannot do his activities as earlier to the
    accident and unable to do his job.

    4. It is further stated that, prior to the accident,
    petitioner was hale and healthy and aged about 32 years,
    he was working as an Employee in Balam Enterprises and
    earning Rs.40,000/- p.m. Due to the accidental injuries,
    he is not able to do his work and lost his earnings, he is
    suffering from mental shock and mental agony and also
    facing great financial difficulties.

    5. It is stated that, the accident in question was due to
    the rash and negligence on the part of the rider of the
    Motorcycle bearing Reg.No.KA-03/EW-3292, against
    whom the Whitefield Traffic Police have registered the
    case in Cr.No.066/2021 P/U/Sec.279 and 338 of IPC.
    Hence, the respondent being the Owner of the offending
    SCCH-19 4 MVC 2899/2022

    vehicle is liable to pay the compensation. Hence, prayed
    to allow the petition.

    6. In pursuance to the notice, the respondent has
    appeared before the Court through his counsel and filed
    objections to the main petition.

    7. The Respondent in his objection to the main petition
    contended that, the petition is not maintainable either in
    law or on facts and it is liable to be dismissed in limine. It
    is admitted that, he is the RC owner of the motorcycle
    bearing Reg.No.KA-03/EW-3292 and it was sold to one
    Mr. Yellappa S/o. Late. Muniyappa R/o. Panathur Village
    and it was ridden by his son Vijay Kumar at the time of
    accident and further handed over to one Girish Mohan on
    09-10-2013. It is further contended that, the said
    Yellappa S/o. Muniyappa expired recently and the said
    vehicle was in the custody of said Vijay Kumar and the
    said accident occurred due to rash and negligent act of
    the said Vijay Kumar and the Whitefield Traffic Police
    have filed charge sheet against the said rider. Further
    contended that, the said accident occurred due to the
    rash and negligent act of the petitioner, however, the
    petitioner and his brother Vijay Kumar have colluded with
    the Police and filed false complaint and false charge sheet
    against the rider of his motorcycle. The petition is bad for
    non-joinder of necessary party. The respondent has
    SCCH-19 5 MVC 2899/2022

    denied the all averments of the petition. Hence, on all
    these grounds, it has sought for dismissal of the petition.

    8. On basis of the pleadings and materials, this
    Tribunal has framed the following:

    ISSUES

    1) Whether the petitioner proves that, on
    06-10-2021 at about 10.00 pm when he
    was riding a motorcycle bearing
    Reg.No.AP-03/AD-5522 proceeding on
    Varthur Main Road, Bangalore, when he
    reached Opp. To Govt. School, Varthur,
    at that time rider of one Motorcycle
    bearing Reg.No.KA-03/EW-3292 drove
    the same in a rash and negligent
    manner, came at high speed and dashed
    to the petitioner’s motorcycle. As a result
    the petitioner fell down and sustained
    grievous injuries?

    2) Whether the petitioner is entitled for
    compensation? if so, to what amount
    and from whom?

    3) What order or award?

    9. In order to prove the case, the petitioner got examined
    himself as PW.1 and examined the Doctor as PW.2 and
    got marked the documents as per Ex.P.1 to 16. The
    respondent got examined 07 witnesses as RW.1 to RW.7
    and got marked the documents as per Ex.R.1 to R.10.
    Out of it, the evidence of RW6 has been got discarded by
    the respondent due to typographical mistakes.

    SCCH-19 6 MVC 2899/2022

    10. Heard the arguments of Ld. Counsel for the
    petitioner. Ld. Counsel for respondent files written
    arguments along with the citations. Perused the materials
    available on hand.

    11. For the following reasons, this Tribunal has
    answered to the above Issues as under:-

    Issue No.1 : In the Affirmative,
    Issue No.2 : In the Partly Affirmative
    Issue No.3 : As per final order,
    for the following:

    REASONS

    12. ISSUE No.1: The petitioner filed this petition against
    the respondent for claiming compensation due to injuries
    sustained by him in a road traffic accident, that occurred
    on 06-10-2021.

    13. The petitioner got examined himself as PW.1 and
    reiterated the entire contention of petition and got marked
    13 documents as Ex.P.1 to Ex.P.13. Ex.P.1 is the copy of
    F.I.R. Ex.P.2 is the copy of Complaint, Ex.P.3 is the copy
    of Re-Statement, Ex.P.4 is the copy of Spot Mahazar,
    Ex.P.5 is the copy of Sketch, Ex.P.6 is the copy of IMV
    Report, Ex.P.7 is the copy of Wound Certificate, Ex.P.8 is
    the copy of Charge Sheet, Ex.P.9 is the copy of Notice
    U/Sec.133 of IMV Act, Ex.P.10 is the copy of Reply to the
    Notice, Ex.P.11 is the 3 Discharge Summaries, Ex.P.12 is
    SCCH-19 7 MVC 2899/2022

    the Medical Bills and Ex.P.13 is the notarized copy of
    Aadhaar Card of the petitioner. In the cross-examination
    he has denied that, the accident took place due to his
    negligence and there is no negligence on the part of the
    rider of the offending vehicle.

    14. The petitioner got examined Dr. Sreedhara K.C. who
    is the Consultant Neuro Physician &
    Rehabilitation/Mental Health and MLC Consultant at
    Deepashri Hospital and Neuro Rehabilitation Center
    Bangalore as PW.2 and got marked 03 documents as
    Ex.P.14 to 16. Ex.P.14 is the recent Examination Report
    with Photo Copy of Disability Assessment Manual,
    Ex.P.15 is the Neuro Psychological Report given by Dr.
    Sowmya and Ex.P.16 is the CT Scan Film-2, Report-1.

    15. The respondent has examined the PSI of Whitefield
    Traffic Police Station as RW.1 and got marked 02
    documents as per Ex.R.1 and R.2. Ex.P.1 is the MLC of
    the accused and Ex.R.2 is the MLC of the petitioner. In
    chief-examination he has deposed that, he visited the
    spot, conducted spot panchanama in the presence of
    panchas and he seized the offending vehicle which caused
    the accident and the driver had no DL and vehicle had no
    insurance. In the cross-examination he has stated that,
    the rider of offending vehicle Vijaykumar was under the
    alcohol influence.

    SCCH-19 8 MVC 2899/2022

    16. Further, the respondent got examined the
    independent witnesses of the chargesheet as RW2 to 5.
    RW.2 has deposed that, he went to the accident spot and
    heard that, Vijayakumar rashly drove his motorcycle by
    consuming the alcohol. RW.3 has deposed that, he heard
    about the accident and went to the hospital and saw the
    petitioner. RW.4 & 5 have deposed that, they went to the
    police station to lodge the complaint.

    17. Further, the respondent got examined his son by
    name Sri. Chandramohan M. as RW.7 and got marked 8
    documents as per Ex.R.3 to R.10. Ex.R.3 is the delivery
    note, Ex.R.4 is the OP Records, Ex.R.5 is the SPA, Ex.R.6
    is the facebook pages of the account of the petitioner.
    Ex.R.7 to 10 are the witnesses statements. He has
    deposed that, he is the SP holder of the respondent, the
    respondent has sold his vehicle bearing No.KA-03/EW-
    3292 to one Mr. Yellappa on 25-02-2007, only after this
    accident they came to know that the motorcycle still stood
    in the name of the respondent. The purchaser Yellappa
    has not got transferred the motorcycle in his name. The
    son of said Yellappa has caused the accident, hence the
    respondent is not liable to pay the compensation. In
    cross-examination, he has admitted that, on 06-10-2021
    the said motorcycle was standing in the name of his
    father and still it is standing in the name of his father.

    SCCH-19 9 MVC 2899/2022

    His father has got released the vehicle from the police
    station. Further, he has admitted that the police have
    filed charge sheet against his father and he has paid the
    fine.

    18. Learned counsel for petitioner has vehemently
    argued that, the accident took place due to the fault of
    the rider of the offending vehicle and the respondent is
    liable to pay the compensation being the owner of the
    offending vehicle. Hence, prayed to award the
    compensation.

    19. Ld. Counsel for respondent has filed written
    arguments contending that, the vehicle has been sold to
    one Mr. Yellappa on 25-02-2007 much prior to the
    accident and his son Mr. Vijaykumar was riding the
    vehicle. The vehicle was not in the possession and control
    of the respondent at the time of the accident. The liability
    is on the rider of the motorcycle as he was the actual
    possessor and having control over the vehicle. Further Ld.
    Counsel for the respondent has relied upon the judgment
    of Hon’ble Apex Court in Civil Appeal No.1672/2010
    between Purnya Kala Devi Vs. State of Assam &
    Another
    , further in Civil Appeal No.5796/2007 between
    National Ins.
    Co. Ltd., Vs. Deepa Devi & Others, in
    Civil Appeal No.10192/2024 in between Vaibhav Jain
    Vs. Hindustan Motors Pvt. Ltd.
    , and in Civil Appeal
    SCCH-19 10 MVC 2899/2022

    No.4615/2023 between Karikho Kri Vs. Nuney Tayang
    and Another
    .

    20. On perusal of Ex.P.5 the Sketch it appears that, the
    petitioner was moving towards Whitefield on his left side,
    at that time, the offending vehicle came from opposite
    direction towards towards Gunjur at Varthur College
    Road Junction, the rider took his motorcycle towards
    right side and caused the accident, though there is
    sufficient space for moving the offending motorcycle on its
    left side of the road, the rider of offending vehicle took his
    vehicle to his right side and dashed to the petitioner and
    caused the accident. On perusal of these documents, it
    appears that, the rider of offending vehicle was in the
    influence of alcohol and hold no valid D.L. moreover, the
    respondent himself has admitted in his objections that
    this accident took place due the negligence of the rider of
    the offending motorcycle. Therefore, it is clear that, this
    accident took place due to the rash and negligent driving
    of the driver of the offending vehicle.

    21. On perusal of Ex.P.1-FIR, Ex.P.2-Complaint, Ex.P.3-
    Complaint Re-statement, Ex.P.4-Spot Mahazar, Ex.P.5-
    Sketch, Ex.P.6-IMV Report, Ex.P.8-Charge Sheet, Ex.P.9-
    Notice U/Sec.133 of MV Act and Ex.P.10-Reply to the
    Notice, it appears that, on the date of accident, petitioner
    was riding a motorcycle bearing Reg.No.AP-03/AD-5522
    SCCH-19 11 MVC 2899/2022

    on Varthur Main Road, Bangalore and reached near to
    Varthur Govt School, at that time, the rider of the
    motorcycle bearing Reg.No.KA-03/EW-3292 drove it, in a
    rash and negligent manner, so as to endanger the human
    life, came at high speed and dashed against the
    petitioner’s motorcycle, caused the accident. Hence, the
    Whitefield Traffic Police have filed charge sheet against
    driver of offending vehicle for the offence punishable
    U/Sec.279 and 338 of IPC & 3(1) r/w Sec.181 of IMV Act.
    But, there is no any material to hold that, there is a
    contributory negligence on the part of the petitioner.

    22. The Hon’ble Apex Court in the decision reported in
    2011 SAR(Civil) 319 Kausum and Others V/s Satbir
    and Others held that, in the petition for compensation
    U/Sec.166 of Motor Vehicles Act.1988 the petitioner has
    to prove the incident only on the preponderance of the
    probabilities and standard of proof beyond all reasonable
    doubt is not required.

    23. After careful scrutiny of Ex.P.1 the copy of FIR, Ex.P.2
    the copy of Complaint, Ex.P.3 the copy of statement,
    Ex.P.4 the copy of Spot Mahazar, Ex.P.5 the copy of
    Sketch, Ex.P.6 the copy of IMV Report, Ex.P.8 the copy of
    Charge Sheet, Ex.P.9 the copy of Notice U/Sec.133 of IMV
    Act and Ex.P.10 the copy of Reply to the Notice, it appears
    that the accident occurred due to rash and negligent act
    SCCH-19 12 MVC 2899/2022

    of the rider of Motorcycle bearing Reg.No.KA-03/EW-
    3292. Hence, this Tribunal answered Issue No.1 in the
    Affirmative.

    24. ISSUE No.2:- The petitioner claiming the
    compensation amount of Rs.50,00,000/- with respect to
    the injuries sustained in a road traffic accident. The
    petitioner produced wound certificate issued by Columbia
    Asia Hospital, Bangalore and discharge summaries issued
    by Manipal Hospitals, Bangalore and prayed to award
    compensation amount. The respondent not disputed the
    said documents. On perusal of the Wound Certificate at
    Ex.P.7, it is discloses that the petitioner has sustained (1)
    Lacerated wound present over frontal region of scalp head
    and bone deep, (2) Head injury with (a) acute sub-dural
    hemorrhage right fronto parietal region, inter-hemispheric
    Felix (b) Acute sub-arachanoid hemorrhage bilateral
    fronto parietal sylvian fissures and right temporal sulci (c)
    Acute sub arachionoid hemorrhage bilateral fronto
    parietal (d) multifocal hemorrhage contusion frontal lobes

    (e) Comminuted depressed fractures frontal bones (f)
    Displaced fracture of bilateral sphenoid sinuses and
    maxillary sinuses (g) Comminuted fracture both orbital
    walls of fracture medial pterygoid plate, (h) Fracture left
    frontal process of mascilla and nasal septum and (i)
    Fracture right zygomatic arch. On perusal of the said
    SCCH-19 13 MVC 2899/2022

    injuries, the Doctor has opinion that the injury No.1 is
    simple in nature and injury No.2(a) to 2(i) are grievous in
    nature. Further on perusal of Ex.P.11 discharge
    summaries of Manipal Hospitals, Bangalore, wherein the
    diagnosis that, Severe TBI with multiple facial bone
    fracture and discharge diagnosis that, K/C/O RTA with
    severe TBI with multiple facial bone fractures and CSF
    rhinorrhoea. Patient was admitted with low GCS and CSF
    rhinorrhea secondary severe head injury. Patient
    underwent multiple surgeries. Patient gradually improved
    to present state. Patient discharged in stable. Procedure
    performed that Craniotomy/Craneactomy acute subdural
    hematomas/ Endorscopic repair of CSF leak. The
    petitioner was admitted on 07-10-2021 and discharged on
    05-11-2021. Further, the petitioner was admitted on 21-
    01-2022 and discharged on 24-01-2022 and further
    admitted on 27-03-2022 and discharged on 31-03-2022.
    Therefore, taking all these facts and nature of injuries, as
    petitioner has sustained grievous injuries and admitted in
    the hospital, this Tribunal is of the opinion that,
    petitioner is entitled for compensation amount of
    Rs.1,00,000/- as reasonable compensation under the
    head of pain and suffering.

    25. The petitioner produced medical bills which is
    marked as Ex.P.12. As per the bills marked at Ex.P.12,
    SCCH-19 14 MVC 2899/2022

    the petitioner has spent Rs.14,32,983/- towards medical
    expenses. The respondents have not made out any
    grounds to disbelieve the medical bills. On perusal of the
    said medical bills and also considering the bills and also
    treatment taken by the petitioner in the hospital, the
    petitioner is entitled to claim the medical bills amount of
    Rs.14,32,983/- under the head of medical expenditure.

    26. As per Ex.P.11 discharge summary, the petitioner
    took treatment at Manipal Hospitals, Bengaluru from 07-
    10-2021 to 05-11-2021, on 21-01-2022 to 24-01-2022,
    and further admitted on 27-03-2022 to 31-03-2022 i.e.,
    40 days. Therefore, by considering the period of treatment
    taken as inpatient this tribunal awarded reasonable
    compensation of Rs.60,000/- under the head
    Transportation, Food, Nourishment and Conveyance
    Charges.

    27. To prove the assessment of disability, the petitioner
    got examined Dr. Sreedhara K.C. who is the Consultant
    Neuro Physician & Rehabilitation/Mental Health and MLC
    Consultant at Deepashri Hospital and Neuro
    Rehabilitation Center as PW.2. In the chief-examination
    affidavit the doctor deposed that, he examined the
    petitioner on 06-02-2023, he diagnosed that severe TBI
    with multiple facial bone fracture/CSF
    rhinborrahoea/Scar Epilepsy S/P Decompressive
    SCCH-19 15 MVC 2899/2022

    craniotomy for cranioplasty. CT Scan Brain done at
    Nikhara Diagnostic Centre on 06/02/2023 and the report
    reveals that, evidence of right fronto temporal craniotomy
    defect noted/acute subdural hemorrhage of maximum
    thickness 4.5 mm noted along right fronto-temporal
    convexity/gliotic changes noted involving bilateral
    basifrontal lobes/chronic infarct noted in right internal
    capsule/mild erosions of right frontal bone noted at the
    craniotomy site/Mild mucosal thickening noted in
    bilateral ethmoidal and right maxillary sinuses. Neuro
    psychological assessment report given by Dr. Sowmya
    Suggestive of pre frontal cortex, bilateral dorsolateral,
    temporal lobe, frontal lobe involvement. Advised cognitive
    retaining. So Neuro Psychological profile suggestive of
    cognitive disability. He has assessed the mild disability at
    40% and 33.3% to the whole body. In the cross-
    examination he had stated that, he is not the treated
    doctor, he had gone through the follow up treatment
    records, but he had not produced any follow up treatment
    records. In case of 100% of profound disability there
    would be complete memory loss. However, by considering
    the nature of the injuries and evidence of the doctor, this
    Tribunal took the disability of the Petitioner at 25% to the
    whole body.

    SCCH-19 16 MVC 2899/2022

    28. It is contended that, prior to the accident, the
    petitioner was working as an employee in Balam
    Enterprises and he was earning Rs.40,000/-p.m. and due
    to accidental injuries he is not able to do his work as
    before the accident. The petitioner had not produced any
    documents to prove his income and avocation. This
    accident occurred in the year 2021. In present days the
    coolie worker get Rs.400/- to Rs.500/- per day. However,
    by considering the age and occupation of petitioner this
    Tribunal taken the monthly income of the petitioner at
    Rs.15,000/-.

    29. In support of age, the petitioner produced notarized
    copy of his D.L., which is marked as Ex.P.13. As per said
    document the date of birth of the petitioner is shown as
    15-02-1990. In the wound certificate and discharge
    summary, age of the petitioner is shown as 32 and 31
    years respectively. This accident occurred in the year
    2021. Therefore, age of the petitioner is considered as 31
    years at the time of accident. Then the proper multiplier
    applicable is 16 which comes as follows:

    Rs.15,000 x 12 x 16 x 25% = Rs.7,20,000/-

    Hence, this Tribunal award Rs.7,20,000/- under
    the head loss of future earning capacity on account of
    disability.

    SCCH-19 17 MVC 2899/2022

    30. The petitioner also sought for expenses towards
    future medicine for further treatment. In the chief-
    examination affidavit the petitioner deposed that, he is
    forced to spent huge amount for future medication of
    Rs.5,00,000/-. The Doctor PW.2 has not deposed
    anything about the future treatment. However, by
    considering the age and nature of injuries and evidence of
    the doctor, this Tribunal has award reasonable
    compensation of Rs.20,000/- under the head future
    medical expenses. (Which does not carry any interest).

    31. The petitioner stated that, he is working as an
    employee at Balam Enterprises and due to injuries
    sustained in the accident, he is unable to do his work
    and facing financial difficulties. This accident occurred
    in the year 2021. However, by considering the age and
    nature of injuries sustained by the petitioner, this
    Tribunal awarded reasonable compensation amount of
    Rs.30,000/- under the head loss of income during
    laid up period.

    32. The petitioner sustained grievous injury as shown in
    the wound certificate and took treatment as an inpatient
    about 174 days. Therefore, by considering this aspect and
    the nature of injuries sustained by the petitioner, this
    Tribunal awarded the amount of Rs.30,000/- as
    SCCH-19 18 MVC 2899/2022

    reasonable compensation under the head of loss of
    amenities.

    33. Considering oral evidence coupled with documentary
    evidence, it is just and proper to grant compensation as
    follows:

    Sl.

                 Under the Heads                 Amount
    No.
     1.   Pain and sufferings             Rs.        1,00,000/-
    
     2.   Medical expenses                Rs.       14,32,983/-
    
     3.   Transportation, Nourishment, Rs.            60,000/-
          Conveyance and Attendant
          charges.
    
     4.   Compensation on account of      Rs.        7,20,000/-
          permanent disability
     5.   Towards future medical          Rs.         20,000/-
          expenses
     6.   Loss of income during laidup Rs.            30,000/-
          period.
     7.   Towards loss of amenities of    Rs.         30,000/-
          life
                       Total              Rs.      23,92,983/-
    
    
    

    The petitioner is entitled for total compensation of
    Rs.23,92,983/-, which is rounded off to Rs.23,93,000/-.

    SCCH-19 19 MVC 2899/2022

    34. Interest:

    In so far as awarding of interest on the
    compensation amount is concerned, in
    MFA.No.103557/2016 (between Sriram General
    Insurance Co. Ltd., V/s Smt. Lakshmi & others, dd
    20-03-2018) the Hon’ble High Court of Karnataka,
    Bengaluru has held that as per Sec.34 of CPC the rate of
    interest that can be awarded on Judgments cannot be
    more than 6% p.a. and that since Sec.149 of M.V. Act
    provides for the interest on Judgments, the interest to be
    awarded in claim petitions has to be 6% p.a. (Excluding
    the future medical expenses) and not more than that.
    Hence, I hold that the petitioner is entitled for interest
    @6% p.a., from the date of petition till the date of
    payment.

    35. Liability:-

    Respondent is the owner of the offending
    Motorcycle bearing Reg.No.KA-03/FW-3292. As
    discussed in the Issue No.1 it is proved that, the
    accident occurred due to rash and negligent driving of
    the driver of offending vehicle.

    36. The respondent has contended that, he has sold the
    offending vehicle to one Mr. Yellappa on 25-02-2007 itself
    SCCH-19 20 MVC 2899/2022

    and it is not in his possession and control. Therefore, he
    is not liable to pay the compensation to the petitioner.

    37. In support of his contention, his son RW.7, has
    deposed that, the respondent has sold his vehicle to one
    Mr. Yellappa on 25-02-2007, only after this accident they
    came to know that the motorcycle still stood in the name
    of respondent. The purchaser Yellappa has not got
    transferred the motorcycle in his name. The son of said
    Yellappa has caused the accident, hence the respondent
    is not liable to pay the compensation. In cross-
    examination he has admitted that, on 06-10-2021 the
    said motorcycle was standing in the name of his father
    and still it is standing in the name of his father. His
    father has got released the vehicle from the police station.
    Further, he has admitted that the police have filed charge
    sheet against his father and he has paid the fine.

    38. On perusal of the evidence of RW.7 it is clear that,
    as on the date of accident, the offending vehicle was
    standing in the name of the respondent and the
    respondent has got released the said vehicle from the
    police station. Therefore, it appears that, the respondent
    is the RC owner of the offending vehicle as on the date of
    the accident and the respondent has got released the
    motorcycle into his custody and it is in the possession of
    the respondent only. The respondent has produced
    SCCH-19 21 MVC 2899/2022

    Ex.R.3 the delivery notice. On perusal of the same, it
    appears that, the delivery of the vehicle has been given to
    one Yellappa, but in support of the said documents, there
    is nothing on record. Further, except Ex.R.3 the
    respondent has not produced any supportive materials to
    show the alleged transaction. However, even though the
    deliver note is produced before this Court, RW.7 himself
    has admitted that, the respondent is the RC owner of the
    offending vehicle.

    39. Ld. Counsel for respondent has submitted his
    written arguments contending that, the vehicle has
    been sold and it was not in the possession and control
    of the respondent at the time of the accident. The
    liability is on the rider of the motorcycle being the
    actual possessor and having control over the vehicle. In
    support his version, Ld. Counsel for the respondent
    has relied upon the judgment of Hon’ble Apex Court in
    Civil Appeal No.1672/2010 between Purnya Kala
    Devi Vs. State of Assam & Another
    , further in Civil
    Appeal No.5796/2007 between National Ins.
    Co.
    Ltd., Vs. Deepa Devi & Others
    , in the said judgments
    the vehicle was under the requisition of the State
    Government. Therefore, the Hon’ble Apex Court held
    that, the State being the possessor of the vehicle under
    state requisition, they are liable to pay the
    SCCH-19 22 MVC 2899/2022

    compensation. Therefore, the facts and circumstances
    of the above said cases are not applicable to the
    present case.

    40. Further, relied upon the judgment of Hon’ble
    Apex Court in Civil Appeal No.10192/2024 between
    Vaibhav Jain Vs. Hindustan Motors Pvt. Ltd.,
    wherein the said judgment, the dispute was in between
    the manufacturer and dealer with respect to the
    ownership and possession of the vehicle. Therefore, the
    facts and circumstances of the above said case are not
    applicable to the present case.

    41. Further, relief upon the judgment of Hon’ble Apex
    Court in Civil Appeal No.4615/2023 between
    Karikho Kri Vs. Nuney Tayang and Another. The
    said judgment related to the election petitions.
    Therefore, the facts and circumstances of the above
    said case are not applicable to the present case.

    42. The above said judgments relied by the Ld. Counsel
    for the respondent are based on the principles that, where
    a motor vehicle is subject to an agreement of hire
    purchase, lease or hypothecation, the person in
    possession of the vehicle under that agreement is treated
    as the owner. But, in the present case it is not the fact.
    The respondent contends that, he has sold the motorcycle
    SCCH-19 23 MVC 2899/2022

    and possession was not with him, but, only RC books
    stands in his name. Hence, it is clear that, the offending
    vehicle stands in the name of respondent. Therefore,
    respondent being the RC holder/owner is liable to pay the
    compensation.

    43. The Hon’ble Apex Court in its judgment reported in
    (2018) 3 SCC 1 between Naveen Kumar Vs. Vijay
    Kumar & Ors
    has categorically held that the registered
    owner of the offending vehicle is solely liable so far as the
    liability is concerned, in para No. 12 has held as under:-

    Para no. 12 …. The consistent thread of reasoning
    which emerges from the above decisions is that in
    view of the definition of the expression ‘owner’ in
    Section 2(30), it is the person in whose name the
    motor vehicle stands registered who, for the
    purposes of the Act, would be treated as the
    ‘owner’. However, where a person is a minor, the
    guardian of the minor would be treated as the
    owner. Where a motor vehicle is subject to an
    agreement of hire purchase, lease or
    hypothecation, the person in possession of the
    vehicle under that agreement is treated as the
    owner. In the situation such as the present where
    the registered owner has purported to transfer the
    vehicle but continues to be reflected in the records
    of the registering authority as the owner of the
    vehicle, he would not stand absolved of liability.
    Parliament has consciously introduced the
    definition of the expression ‘owner’ in Section
    2(30)
    , making a departure from the provisions of
    Section 2(19) in the earlier Act of 1939. The
    principle underlying the provisions of Section 2(3)
    is that the victim of a motor accident or, in the case
    SCCH-19 24 MVC 2899/2022

    of a death, the legal heirs of the deceased victim
    should not be left in a state of uncertainty. A
    claimant for compensation ought not to be
    burdened with following a trial of successive
    transfers, which are not registered with the
    registering authority. To hold otherwise would be
    defeat the salutary object and purpose of the Act.
    Hence, the interpretation to be placed must
    facilitate the fulfillment of the object of the law. In
    the present case, the First respondent was the
    ‘owner’ of the vehicle involved in the accident
    within the meaning of Section 2(30). The liability to
    pay compensation stands fastened upon him.
    Admittedly, the vehicle was uninsured. The High
    Court has proceeded upon a misconstruction of the
    judgments of this Court in Reshma and Purnya
    Kala Devi.

    44. Further, the Hon’ble Supreme Court in the
    judgment reported in 2019(1) RCR (Civil) 372 between
    Parkash Chand Daga v Saveta Sharma and others
    has held that, so long the name of the transferor
    continues in the RTO’s record, he remains liable to
    third person in case of accident.

    On the basis of the ratio laid down in the above
    said judgments, it is clear that, the RC owner is liable
    to pay the compensation. Therefore, in the light of the
    above said discussion, this Tribunal has no hesitation
    to hold that the respondent who is the registered owner
    as on the date of the accident has to be held liable.

    SCCH-19 25 MVC 2899/2022

    45. As discussed above, it is clear that, the RC book
    is still standing in the name of the respondent. Hence,
    respondent being the Owner is liable to pay the
    compensation to the petitioner. As already discussed in
    the Issue No.1 it is proved that, the accident occurred
    due to rash and negligent driving of the offending
    vehicle. Hence the respondent is liable to pay
    compensation amount with interest to the petitioner.
    Accordingly, this Tribunal answered Issue No.2 Partly
    in the Affirmative.

    46. ISSUE No.3: For the foregoing reasons, this
    Tribunal proceed to pass the following:-

    ORDER
    The claim petition filed by the petitioner
    U/Sec.166 of the Motor Vehicles Act is hereby
    Partly allowed with cost as hereunder.

    The petitioner is entitled for total
    compensation amount of Rs.23,93,000/- with
    interest @ 6% p.a., (Excluding future medical
    expenses) from the date of petition till its
    realization.

    The Respondent is liable to pay compensation
    to the petitioner and he is directed to deposit the
    compensation amount together with 6% interest
    within 60 days, from the date of this order.

    After deposit, out of the compensation
    amount Rs.18,93,000/- with interest shall be
    released in favour of the petitioner with proper
    SCCH-19 26 MVC 2899/2022

    identification (As the petitioner has incurred huge
    amount towards medical expenses and also he
    has to incur some expenses towards future
    medication).

    The remaining amount with interest shall
    be deposited in the name of the petitioner in FD
    at any nationalized Bank at the choice of the
    petitioner for a period 03 years.

    Advocate fee is fixed at Rs.1,000/-.
    Draw the award accordingly.

    (Dictated to the Stenographer directly on computer, then corrected by me
    and pronounced in open court on this the 12th day of June 2026)
    Digitally signed
    MOHAN by MOHAN
    SADASHIV POL
    SADASHIV Date: (Mohan Sadashiv Pol)
    POL
    12:33:04 +0530 XV ASCJ & Member MACT,
    2026.07.02

    Mayo Hall Unit, Bengaluru.

    ANNEXURE
    List of witnesses examined for Petitioner:

     PW.1      :   Sri. K. Karthik Kumar.
     PW.2      :   Dr. Sreedhara K.C.
    

    List of documents marked for Petitioner:

     Ex.P.1      :     Copy of F.I.R.
     Ex.P.2      :     Copy of Complaint.
     Ex.P.3      :     Copy of Re-Statement.
     Ex.P.4      :     Copy of Spot Mahazar.
     Ex.P.5      :     Copy of Sketch.
     Ex.P.6      :     Copy of IMV Report.
     Ex.P.7      :     Copy of Wound Certificate.
     Ex.P.8      :     Copy of Charge Sheet.
     Ex.P.9      :     Copy of Notice U/Sec.133 of MV Act.
     Ex.P.10     :     Copy of Reply to the Notice.
     Ex.P.11     :     Discharge Summaries (3 in Nos.).
     SCCH-19                               27          MVC 2899/2022
    
    
    Ex.P.12   :      Medical Bills (28 in Nos.)
    Ex.P.13   :      N/c of D.L.
    Ex.P.14   :      Medical Reports.
    Ex.P.15   :      Neuro Psychological Report.
    Ex.P.16   :      CT Scan with Report.
    
    

    List of witnesses examined for Respondents:

    R.W.1     :      Sri. T. Venugopal.
    R.W.2     :      Sri. M.R. Suresh.
    R.W.3     :      Sri. Eshwaraiah Kondeti.
    R.W.4     :      Sri. P.M. Narayanaswamy.
    R.W.5     :      Sri. Ramesh P.V.
    R.W.6     :      Sri. Muniyappa A. (discarded)
    R.W.7     :      Sri. Chandramohan M.
    

    List of documents marked for Respondents:

    Ex.R.1 : MLC of Driver of Offending vehicle.

    Ex.R.2     :     MLC of Petitioner.
    Ex.R.3     :     Delivery Note.
    Ex.R.4     :     Outpatient Record.
    Ex.R.5     :     Special Power of Attorney.
    Ex.R.6     :     Facebook Pages of Petitioner.
    Ex.R.7 to 10 :   Witness Statements.
    
    
                       Digitally signed
                       by MOHAN             (Mohan Sadashiv Pol)
            MOHAN      SADASHIV POL       XV ASCJ & Member MACT
            SADASHIV   Date:
            POL        2026.07.02         Mayo Hall Unit, Bengaluru.
                       12:33:11
                       +0530
     



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