- 1 - NC: 2025:KHC-K:1783 MFA No. 202419 of 2017 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. JOSHI MISCL. FIRST APPEAL NO.202419/2017(MV-I) BETWEEN: PRABHU S/O VAIJINATH MILKERI, AGE: 33 YEARS, OCC: LORRY CLEARNER, NOW NIL, R/O VILLAGE INAINAPUR, TQ. CHINCHOLI, DIST. KALABURAGI, NOW R/AT KUMBARWADA BIDAR-585 401. …APPELLANT (BY SRI AMARESHWAR S. RAWOOR, ADVOCATE) AND: 1. BHEEMSHA S/O JALINDER CHATNALLI, AGE: MAJOR, OCC: BUSINESS, R/O H.NO.57, 2ND BLOCK, UPPAR MOHALLA, KAMTHANA, TQ. & DIST. BIDAR-585 401, (OWNER OF LORRY VEHICLE BEARING NO.KA-28/9695). 2. NATIONAL INSURANCE CO. LTD., HEAD OFFICE, MIDDIETION STREET, POST BOX NO.9229, KOLKATA-700 071, HAVING ITS BRANCH OFFICE, NEAR NEHRU STADIUM, Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1783 MFA No. 202419 of 2017 OPP: SAI SCHOOL, BIDAR-585 402. …RESPONDENTS (BY SRI SUDARSHAN M., ADVOCATE, FOR R2; R1-SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, BIDAR, IN MVC NO.510/2014 DATED 26.07.2017 AND ALLOW THE CLAIM PETITION AS PRAYED FOR. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C.M. JOSHI) 1. None appears for the appellant. 2. Heard learned counsel appearing for respondent No.1 on admission. 3. The claimant was occupant of the lorry and the policy issued was an ‘act policy’ and also the Tribunal has come to the conclusion that the driver of the lorry was not having an valid driving licence. - 3 - NC: 2025:KHC-K:1783 MFA No. 202419 of 2017 4. The finding of the Tribunal that it was an ‘act policy’ and therefore, the inmates of the vehicle was not covered under the said policy, appears right conclusion reached by it. Therefore, no ground is made out for admission. Hence, the appeal stands dismissed at the stage of admission itself. Sd/- (C.M. JOSHI) JUDGE SBS List No.: 1 Sl No.: 37 CT: AK