- 1 - HC-KAR NC: 2025:KHC-K:3183 MFA No. 202133 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO.202133 OF 2023 (MV-I) BETWEEN: SIDDAPPA S/O ANNARAYA NAGATHAN, AGE: 26 YEARS, OCC: AGRICULTURE, R/O: MANNUR, TQ: DEVAR-HIPPARAGI, DIST: VIJAYPURA – 586 101. …APPELLANT (BY SRI SANGANABASAVA B.PATIL, ADVOCATE) AND: 1. NAZEER AMMAD S/O HASANSAB GUNAPUR, AGE: 42 YEARS OCC: BUSINESS, R/O: HORTI, TQ: INDI, DIST: VIJAYAPURA – 586 101. 2. THE BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY LTD., HANAMSHETTY BUILDING, GURUKUL ROAD, VIJAYAPURA – 586 101. …RESPONDENTS (BY SRI SHARANABASAPPA M. PATIL, ADVOCATE FOR R2; R1 IS SERVED) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3183 MFA No. 202133 of 2023 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE JUDGMENT AND AWARD DATED 12.08.2022 PASSED BY THE HON’BLE THE PRINCIPAL SENIOR CIVIL JUDGE AND M.A.C.T.-V, VIJAYAPURA AT VIJAYAPURA IN M.V.C.NO.972/2021, AND ALLOW THE CLAIM PETITION AS PRAYED FOR, IN THE INTEREST OF JUSTICE. THESE MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and award dated 12.08.2022 passed by Prl. Senior Civil Judge and MACT-V, Vijayapura (for short, 'Tribunal') in MVC No.972/2021, this appeal is filed 2. Sri Sanganabasava B.Patil, learned counsel submitted that appeal was by claimant challenging dismissal of claim petition by Tribunal. It was submitted that on 09.05.2021 at about 12.00 p.m., claimant-Siddappa was riding motorcycle bearing registration no.KA-36/EB-6368 on Horti-Nimbal road, when driver of car bearing registration no. KA-28/M-8258, drove it in a rash and negligent manner and dashed against motorcycle causing accident. In accident, claimant sustained several fractural injuries. Initially, he was taken to Civil Hospital, Vijayapur and thereafter referred to Vaibhav Hospital, - 3 - HC-KAR NC: 2025:KHC-K:3183 MFA No. 202133 of 2023 Vijayapur for higher treatment. Claimant also took treatment at Sasanur Hospital, Vijayapur and Kumbhar Accident and Orthopedic Hospital, Miraj. Despite taking treatment, he did not recover fully and sustained permanent physical disability. Claiming compensation, he filed claim petition under Section 166 of M.V.Act, against owner and insurer of offending car. 3. On contest, wherein insurer opposed claim petition denying entire claim petition averments, Tribunal framed issues and recorded evidence. Claimant examined himself as PW.1 and Dr.S.V.Havinal as PW.2. Exs.P1 to P14 were marked. Insurer did not lead oral evidence but got marked copy of insurance policy with consent as Ex.R1. 4. On consideration, Tribunal held claimant had failed to establish that he had sustained injuries due to accident caused by driver of insured car and insurer was liable to pay compensation. On said finding, it dismissed claim petition. 5. Assailing same, it was submitted immediately after accident, claimant was taken to Civil Hospital, Vijayapur and referred for higher treatment to Vaibhav Hospital, Vijayapur. Though claimant had not produced admission/treatment - 4 - HC-KAR NC: 2025:KHC-K:3183 MFA No. 202133 of 2023 records from Civil Hospital, Vijayapur, he had produced laboratory test report from Vaibhav Clinical Laboratory- Orthopaedic and Dental Care, Vijayapur, which showed on reference by Dr.Kiran Patil, Orthopedic Surgeon, blood test of claimant was done on 09.05.2021 i.e., date of accident. He also produced disability certificate issued by PW.2 apart from medical bills, X-ray report etc. Said records would clearly indicate that claimant sustained injuries in accident. Therefore, dismissal of claim petition was not justified. It was further submitted that in case, opportunity is provided and matter is remitted back, claimant would make efforts for securing records from Civil Hospital, Vijayapur. On said grounds, sought for allowing appeal. 6. On other hand, Sri Sharanabasappa M.Patil, learned counsel for respondent no.2-Insurance Company opposed appeal. It was submitted that discharge summary-Ex.P11 issued by Kumbhar Accident and Orthopedic Hospital, Miraj, would indicate accident was due to fall from bike. It was submitted that despite claimant stating that he was taken to Civil Hospital, Vijayapur, immediately after accident, no records - 5 - HC-KAR NC: 2025:KHC-K:3183 MFA No. 202133 of 2023 were produced from said Hospital. Date of admission for treatment mentioned in Ex.P11 was 01.07.2021. It was submitted that blood test report would not be conclusive evidence of date of accident or involvement of insured vehicle in accident. Therefore, dismissal of claim petition was justified. 7. Heard learned counsel and perused impugned judgment and award. 8. From above and since claimant is assailing dismissal of claim petition, point that would arise for consideration is: “Whether impugned judgment and award passed by Tribunal suffers from perversity and calls for interference?” 9. Though occurrence of accident and claimant sustaining injuries in said accident is prima facie established by police investigation records, since insurer has taken specific contention about accident not being caused due to rash and negligent driving of car, burden would be on claimant to establish actionable claim against insurer. In order to establish nature of injuries, treatment and disability, claimant relied upon treatment records. Ex.P11-discharge summary issued by - 6 - HC-KAR NC: 2025:KHC-K:3183 MFA No. 202133 of 2023 Kumbhar Accident and Orthopedic Hospital, Miraj, would indicate date of admission as 01.07.2021 and discharge on 07.07.2021. In history of injuries column, it is specifically recorded that injuries were due to fall from bike. There is no mention about involvement of insured vehicle i.e., Car. There is also no explanation for said omission. It is not case of claimant that he was either unconscious or in such state of mind as to be unable to disclose vehicle that had caused accident or that particulars mentioned at Kumbhar Accident and Orthopedic Hospital, Miraj, were by someone else. 10. While, passing impugned award, Tribunal has examined records and specifically observed that claimant had failed to produce any records from Civil Hospital, Vijayapur, to establish nexus between accident occurred, injury sustained and involvement of insured vehicle. In case of admission of any patient for treatment of accidental injuries, it is wont on part of hospitals to record admission as Medico Legal Case (MLC) and issue intimation to jurisdictional police. Since claimant has failed to produce any such record also and as Ex.P11, would indicate history of injuries as due to fall from bike, insurer of - 7 - HC-KAR NC: 2025:KHC-K:3183 MFA No. 202133 of 2023 Car cannot be held liable to pay compensation. Appellant has not made out any efforts for securing treatment records from Civil Hospital, Vijayapur, even before this Court, though appeal has been pending for two years. Same would not inspire confidence of this Court to hold omission bonafide and to remit matter back to Tribunal for further evidence. Thus, no grounds to interfere with findings of Tribunal. Point for consideration is answered in negative. Appeal is dismissed. Sd/- (RAVI V HOSMANI) JUDGE MSR List No.: 1 Sl No.: 36