- 1 - HC-KAR NC: 2025:KHC:20310 MFA No. 2396 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 2396 OF 2015 (MV-I) BETWEEN: NINGAPPA S/O. MUTTURAPPA, AGED ABOUT 49 YEARS, OCC: NIL, RESIDENT OF BHANUVALLI-VILLAGE, HARIHARA TALUK, DAVANAGERE DIST. …APPELLANT (BY SRI. HEMANTH T.C., ADVOCATE FOR SRI. M.R. HIREMATHAD, ADVOCATE) AND: 1. SHIVAPPA S/O HANUMAPPA, AGED ABOUT 38 YEARS, DRIVER OF TRACTOR BEARING REG.NO.KA-17-TB-1002, RESIDENT OF SHAMANUR-VILLAGE, DAVANAGERE-TQ: DISTRICT 2. K.H SURESH S/O HANUMANTHAPPA, MAJOR, OWNER OF TRACTOR BEARING REG.NO KA-17-TB-1002, RESIDENT OF SHAMANUR-VILLAGE, DAVANAGERE - TQ: DISTRICT 3. THE BRANCH MANAGER Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20310 MFA No. 2396 of 2015 HDFC ERGO GENERAL INSURANCE CO.LTD., H.M. GENEVA COMPLEX, 1ST FLOOR, CUNNINGHAM ROAD, BANGALORE. …RESPONDENTS (BY SRI. O. MAHESH, ADVOCATE FOR RESPONDENT NO.3; VIDE ORDER DATED 06.07.2021, NOTICE TO RESPONDENT NO.1 IS DISPENSED WITH; NOTICE SERVED ON RESPONDENT NO.2 AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.08.2014 PASSED IN MVC NO.44/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, HARIHAR, DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant challenging the judgment and award dated 16.08.2014, passed by the Senior Civil Judge and Member, Additional MACT at Harihar (hereinafter referred to as 'the Tribunal' for short), in MVC No.44/2011. - 3 - HC-KAR NC: 2025:KHC:20310 MFA No. 2396 of 2015 2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 3. Brief facts of the case are that on 25.05.2010 at about 9.00 a.m., the petitioner was proceeding on his bicycle from Yaregunte towards Davanagere. He met with an accident due to rash and negligent driving of the tractor by its driver, as a result claimant sustained grievous injuries. Initially, he was shifted to CG Hospital and for higher treatment, he was shifted to Bapuji Hospital, Davanagere, wherein he was admitted as inpatient from 25.05.2010 to 24.06.2010. For higher treatment, he was shifted to Kasturbha Hospital, Manipal, wherein he was admitted from 29.06.2010 to 10.07.2010, 23.09.2010 to 29.09.2010 and 14.12.2010 to 16.12.2010 and he had spent more than Rs.1,80,000/- towards medical expenses. 4. He further contended that he was a coolie and earned Rs.6,000/- per month. Due to injury sustained in the accident, he has suffered permanent disability. With these reasons, he prayed to award compensation of Rs.5,15,000/-. - 4 - HC-KAR NC: 2025:KHC:20310 MFA No. 2396 of 2015 5. Respondent No.1 is driver, respondent No.2 is owner and respondent No.3 is insurer of the offending tractor. Respondent Nos.1 and 2 did not appear and respondent No.3 appeared and denied the contentions of the claim petition and also denied its liability to pay the compensation and prayed to dismiss the claim petition. 6. The claimant to prove his case examined 2 witnesses as PWs.1 and 2 and marked 30 documents as Exs.P.1 to P.30. Respondents have examined 2 witnesses as RWs.1 and 2 and marked 4 documents as Exs.R.1 to R.4. 7. The Tribunal after hearing both the parties and appreciating the evidence available on record, dismissed the claim petition. 8. I have heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.3. 9. The following question that arises for determination is: "i). Whether the Tribunal erred in holding that accident had not taken place due to the rash and negligent driving of the tractor by its driver?." - 5 - HC-KAR NC: 2025:KHC:20310 MFA No. 2396 of 2015 10. My findings of the above point, is in the negative for the following: Reasons: PW-1 is the claimant, in his evidence, he stated that while he was riding a bicycle towards Kondajji when he met with an accident. The offending tractor came from behind and hit him. As a result of which, he fell down and sustained grievous injuries. He had seen the registration number of the tractor and enquired the name of the driver of the tractor. Thereafter, he was shifted to CG Hospital, Davanagere, in an autorickshaw. For higher treatment, he was shifted to Bapuji Hospital, Davanagere on 25.05.2010. He enquired with the member of the family and thereafter gave a complaint to the police station. He further narrated about the injuries sustained by him, the treatment taken in different hospitals and the amount spent towards medical expenses. 11. In his cross-examination by the respondents, he has stated that initially he went to CG Hospital, Davanagere, wherein he gave information regarding the history of the injuries. He denied the suggestion that he fell down from the tractor and sustained the injuries. - 6 - HC-KAR NC: 2025:KHC:20310 MFA No. 2396 of 2015 12. He examined PW-2, who had issued a disability certificate. PW-2 also stated about the injuries sustained by the claimant. 13. The respondents examined RW-1/ Smt.H.D.Neelambike, Medical Officer of CG Hospital, Davanagere, who had treated the victim on 25.05.2010 at CG Hospital, Davanagere. In her evidence, she has stated that on 25.05.2010 at about 10.00 a.m., the claimant came to her hospital for treatment, wherein he stated that "He fell down from the tractor". The said MLC Extract/Ex.R.1, Ex.R.2/wound certificate and feedback letter given by Bapuji Hospital are produced. It is also stated that the said history of injuries was mentioned on the basis of information given by the victim. In her cross-examination, nothing was brought out to disbelieve her evidence. Most of the questions asked to her were irrelevant. 14. RW-2 is a Manager of respondent No.2 and in her evidence she had stated that she collected materials from CG Hospital and produced at Exs.R.1 and R.2. Ex.R.1 reveals that "Road traffic accident, fallen from tractor in the morning at - 7 - HC-KAR NC: 2025:KHC:20310 MFA No. 2396 of 2015 9.00 a.m., on 25.05.2010 near on Kondajji road, RTO Office, Koddajji". It appears that the information regarding said accident was sent to the concerned police station, but they did not register FIR. Police registered FIR on receiving complaint from the claimant. 15. A Criminal case was registered against the driver of the tractor. It was investigated and charge sheet was filed. There was no material on record to overcome Exs.R.1 and R.2. It is the earliest information furnished to the concerned doctor by the claimant. It appears that the claimant was ill advised and thereafter the story of accident by the tractor was fabricated with active assistance of police and owner of the vehicle. If the concerned police had investigated the crime honestly, he could have secured Exs.R.1 and R.2 and the truth would have come out. The appellant had not approached the Tribunal with clean hands. 16. The Tribunal meticulously considered the materials on record and rightly held that the claimant had not sustained injuries in vehicle accident and on the contrary, he sustained injuries by fall from a tractor. Hence, I do not find any reason - 8 - HC-KAR NC: 2025:KHC:20310 MFA No. 2396 of 2015 to interfere in the said findings. Accordingly, I answer the aforesaid point in the negative. 17. For the reasons discussed above, I pass the following: ORDER i. The appeal is dismissed. ii. The impugned judgment and award dated 16.08.2014, passed by the Senior Civil Judge and Additional MACT at Harihara, in MVC No.44/2011, is confirmed. iii. Send back TCR with copy of judgment to the trial Court. Sd/- (UMESH M ADIGA) JUDGE BKN/List No.: 1 Sl No.: 10