- 1 - NC: 2025:KHC:15037 MFA No. 9459 of 2015 C/W MFA No. 4330 of 2015 MFA No. 8487 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 9459 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 4330 OF 2015 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 8487 OF 2015 (MV-I) IN MFA No. 9459/2015 BETWEEN: SRI. RAJU S/O RANGAPPA AGED ABOUT 51 YEARS, R/O NO.1535, 3RD MAIN, 10TH CROSS, KTJ NAGAR, DAVANAGERE-577 002 …APPELLANT (BY SRI. HANUMANTHAPPA A., ADVOCATE) AND: 1. M.M. PRAVEEN KUMAR S/O MALLIKARJUNAPPA.M.C., AGED ABOUT 32 YEARS, DRIVER OF MARUTHI SWIFT, BEARING REG.NO.KA-17/B-5888 R/O NO.1675/223, SRI RAM NILAYA, LENIN NAGAR, DAVANAGERE-577 003 2. V.S.NAGARAJA S/O SIDDALINGAPPA, AGED ABOUT 41 YEARS, OWNER OF MARUTHI SWIFT, BEARING REG.NO.KA-17/B-5888 R/O NO.513, SUTTAMUTTALINA MANEGALU, MUNESHWARA BADAVANE, Digitally signed by MEGHA MOHAN Location: High Court Of Karnatka - 2 - NC: 2025:KHC:15037 MFA No. 9459 of 2015 C/W MFA No. 4330 of 2015 MFA No. 8487 of 2015 DAVANAGERE-577 002 3. THE MANAGER ICICI LOMBARD GENERAL INSURANCE CO.LTD., OPP: GOVT. HIGH SCHOOL GROUND BESIDE APROOVA HOTEL, P.B.ROAD, DAVANAGERE-577 001 …RESPONDENTS (BY SRI.LAKSHMI NARASAPPA, ADVOCATE FOR SRI.A.M.VENKATESH, ADVOCATE FOR R3 V/O/D 20/11/2017- NOTICE TO R1 & R2 IS DISPENSE WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 05.09.2015 PASSED IN MVC NO.105/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, & VII MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 4330/2015 BETWEEN: PRASANNA KUMAR S/O NAGARAJ, AGED ABOUT 28 YEARS, R/O NO.513, MOUNESHWARA BADAVANE, NITUVALLI EXTENSION, DAVANAGERE-577 001. ...APPELLANT (BY SRI. HANUMANTHAPPA A., ADVOCATE) AND: 1. M.M PRAVEEN KUMAR SD/O MALLIKARJUNAPPA M.C., AGED ABOUT 32 EYARS, DRIVER OF MARUTHI SWIFT, BEARING REG NO.LA-17/B-5888, R/O NO.1675/223, SRI RAM NILAYA, LENIN NAGAR, DAVANAGERE-577 003. - 3 - NC: 2025:KHC:15037 MFA No. 9459 of 2015 C/W MFA No. 4330 of 2015 MFA No. 8487 of 2015 2. V.S.NAGARAJA, S/O SIDDALINGAPPA, AGED ABOUT 41 YEARS, OWNER OF MARUTHI SWIFT, BEARING REG. NO.KA-17/B-5888 R/O NO.513, SUTTAMUTTALINA MANEGALU, MUNESHWARA BADAVANE, DAVANAGERE-577 002 3. THE MANAGER, IOCICI LOMBARD GENREAL INSRUANCE CO. LTD. OPP: GOVT. HIGH SCHOOL, GROUND BESIDE APROOVA HOTEL, P B ROAD, DAVANAGER-577 001. ...RESPONDENTS (BY SRI.LAKSHMI NARASAPPA, ADVOCATE FOR SRI.A.M.VENKATESH, ADVOCATE FOR R3 SRI.K.TAMIL VANAN, ADVOCATE FOR R2 R1- SERVED AND UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 25.3.2015 PASSED IN MVC NO.174/2014 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT, DAVANGERE, DISMISSING THE CLAIM PETITION FOR COMPENSATION. IN MFA NO. 8487/2015 BETWEEN: M/S. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED OPP. GOVERNMENT HIGH SCHOOL GROUND BESIDE APPORVA HOTEL P.B.ROAD, DAVANAGERE NOW REP. BY 2ND FLOOR BELLAD AND COMPANY, GOKUL ROAD HUBBALLI – 580 021 REP. BY ITS MANAGER LEGAL ...APPELLANT (BY SRI. LAKSHMI NARASAPP, ADVOCATE FOR SRI.A.M.VENKATESH, ADVOCATE) - 4 - NC: 2025:KHC:15037 MFA No. 9459 of 2015 C/W MFA No. 4330 of 2015 MFA No. 8487 of 2015 AND: 1. RAJU S/O RANGAPPA AGED ABOUT 51 YEARS R/AT NO. 1535, 3RD MAIN 10TH CROSS, KTJ NAGAR DAVANGERE-577 001 2. M.M.PRAVEEN KUMAR S/O MALLIKARJUNAPPA M.C. AGED ABOUT 32 YEARS DRIVER OF MARUTI SWIFT CAR BEARING REG. NO. KA-17/B-5888 R/O NO.1675/223, SRI RAM NILAYA, LENIN NAGAR DAVANGERE-577 001 3. V.S.NAGARAJA S/O SIDDALINGAPPA AGED ABOUT 41 YEARS OWNER OF MARUTI SWIFT CAR BEARING REG. NO.KA-17/B-5888 R/O NO.513, SUTTAMUTTALINA MANEGALU MUNESHWARA BADAVANE DAVANAGERE-577 001 ...RESPONDENTS (R1- SERVED AND UNREPRESENTED V/O/D 25/6/2018- NOTICE TO R2 & R3 HELD SUFFICIENT) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.09.2015 PASSED IN MVC NO.105/2014 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE AND 7TH MACT, DAVANGERE, AWARDING THE AWARD AMOUNT OF RS.40,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DEPOSIT. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 5 - NC: 2025:KHC:15037 MFA No. 9459 of 2015 C/W MFA No. 4330 of 2015 MFA No. 8487 of 2015 ORAL JUDGMENT In MFA.No.4330/2015 Aggrieved by the dismissal of MVC.No.174/2014 dated 25.03.2015 passed by the Ist Additional Senior Civil Judge and V MACT, Davanagere, the appellant/claimant is before this Court. The claim petition was filed seeking compensation for the injuries sustained by the claimant in the road traffic accident. 2. It is his case that on 01.11.2012, when the claimant was travelling in a car from Davanagere to Bhadravathi, at about 12:50 p.m., when the car was proceeding in between Arakere and Arakere colony near Honnali, at that time the respondent No.1 being the driver of the car in which the claimant was proceeding drove the same in a rash and negligent manner with high speed and dashed against the opposite coming KSRTC bus, thereby caused the accident and in the said accident, the claimant and other inmates have sustained injuries. 3. It is a case of the Insurance Company that at the relevant point of time, the claimant was the driver of the - 6 - NC: 2025:KHC:15037 MFA No. 9459 of 2015 C/W MFA No. 4330 of 2015 MFA No. 8487 of 2015 vehicle and as he was not having a valid driving license to drive the vehicle, it is shown that respondent No.1 was driving the vehicle. The photographs are placed before the Court that is the damage to the vehicle and the right front side of the car is completely damaged. Admittedly the driver of the vehicle that is respondent No.1 had not sustained any injuries. It is stated that only for the purpose of claiming the compensation it is stated that respondent No.1 was driving the car. 4. The Insurance Company had examined the officer and the investigator who has investigated the case and the evidence of the investigator appointed by the Insurance Company was not considered by the Tribunal. As per the IMV report, the damage to the vehicle is to the right front side and the driver has not sustained any injuries and only the claimant had sustained the injuries and the Tribunal had disbelieved the version and held that he is not entitled for compensation. 5. Learned counsel appearing for the claimant submits that the Tribunal ought to have granted the compensation. It is submitted that the entire evidence shows that respondent No.1 was driving the vehicle and he has also stated that he was - 7 - NC: 2025:KHC:15037 MFA No. 9459 of 2015 C/W MFA No. 4330 of 2015 MFA No. 8487 of 2015 driving the vehicle and ought to have granted the compensation. 6. Learned counsel appearing for respondent No.3/ Insurance Company submits that fraud is played on the Court and he has come before the Court with all misrepresentation of facts and the Tribunal had rightly dismissed the petition. It is submitted that the trial Court had rightly given a finding considering the IMV report and no injuries are sustained by respondent No.1. The Tribunal had rightly come to the conclusion and dismissed the petition. 7. Having heard the learned counsels on either side, perused the entire material on record. The Tribunal had rightly considered the IMV report, no injuries are sustained by respondent No.1 and also rightly not considered the investigation that is done by the private investigator appointed by the Insurance Company. The Tribunal observed that it is a transport vehicle and there is no evidence to show that the respondent is engaged by the owner of the vehicle. The Tribunal had rightly considered the evidence and rightly held that the claimant has not come to the Court with clean hands - 8 - NC: 2025:KHC:15037 MFA No. 9459 of 2015 C/W MFA No. 4330 of 2015 MFA No. 8487 of 2015 and the findings of the Tribunal are based on the evidence and the reasoning given by the Court needs no interference by this Court. Accordingly, MFA No.4330/2015 filed by the claimant deserves to be dismissed. In MFA.Nos.9459 and 8487/2015 8. Aggrieved by the award passed in MVC.No.105/2014 dated 05.09.2015 by the III Additional Senior Civil Judge and VII Additional MACT, Davanagere, both the Insurance Company as well as the claimant are before this Court. The claimant's appeal is MFA.No.9459/2015 and the Insurance Company's appeal is MFA.No.8487/2015. 9. It is the case of the Insurance Company that in the very same accident, in respect of the other inmates of the car, the claim petition was dismissed, whereas, in this petition it is entertained and the Tribunal had granted compensation. The contention of the Insurance Company is not tenable, in the other case, though the claimant had stated that he is an inmate of the car, the finding of the Court was that he was the driver of the vehicle. As such, the said claim petition was dismissed. The said finding of the Court cannot be applied to the inmates - 9 - NC: 2025:KHC:15037 MFA No. 9459 of 2015 C/W MFA No. 4330 of 2015 MFA No. 8487 of 2015 and on this ground, the Insurance Company's appeal i.e., MFA.No.8487/2015 is liable to be dismissed. 10. Coming to the appeal of the claimant i.e., MFA.No.9459/2015, according to the claimant, he had claimed compensation of an amount of Rs.5,00,000/-. According to him, he was in hospital for 6 days and he had sustained grievous injuries. The Tribunal had perused the wound certificate which shows that the injuries are simple in nature and further the medical officer who issued the wound certificate opined that all the injuries are simple in nature and he has not examined anybody in support of his case. Hence, the Tribunal had granted global compensation of an amount of Rs.40,000/-. 11. Learned counsel appearing for the claimant submits that the compensation that is awarded is not reasonable and the compensation needs to be enhanced. A perusal of the order discloses that the claimant had not examined anyone nor the wound certificate and other documents which are filed by him are supporting the case of the claimant that he had sustained grievous injuries. In that view of the matter, the Tribunal had - 10 - NC: 2025:KHC:15037 MFA No. 9459 of 2015 C/W MFA No. 4330 of 2015 MFA No. 8487 of 2015 rightly granted the global compensation and this Court finds no reason to interfere. 12. Accordingly, MFA.No.8487/2015 filed by the Insurance Company and MFA.No.9459/2015 filed by the claimant are dismissed. 13. MFA.No.4330/2015 filed by the claimant is dismissed. i. The amount in deposit shall be forthwith transferred to the Tribunal. ii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iii. No costs. iv. Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 4