- 1 - HC-KAR NC: 2025:KHC:18624 MFA No. 6915 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 6915 OF 2014 (MV-I) BETWEEN: THE ORIENTAL INSURANCE CO.LTD., SUBHAS SQUARE, HASSAN TOWN, REPRESENTED BY ITS DEPUTY MANGER, THE ORIENTAL INSURANCE CO.LTD., REGIONAL OFFICE, 2ND FLOOR, SUMANGALA COMPLEX, LAMINGTON ROAD, HUBLI-580 020. …APPELLANT (BY SMT. DEEPU G, ADVOCATE FOR SRI. SRINIVASA K N., ADVOCATE) AND: 1. SRI. LAKSHMEGOWDA S/O. SRI. KUNTEGOWDA AGED 43 YEARS, HARAHALLI VILLAGE, DASARAKOPPALU POST, KASABA HOBLI, HASSAN DIST. PIN:572 301. 2. SRI. CHETHANA S/O PUTTARAJU, AGED 25 YEARS, R/O CHIKKAKONDAGULA VILLAGE, TEJUR POST KASABA HOBI, HASSAN DIST- PIN: 572 301. …RESPONDENTS (BY SMT. H C KAVITHA, ADVOCATE FOR R1, R2-SERVED, BUT UNREPRESENTED) Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18624 MFA No. 6915 of 2014 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.10.2013, PASSED IN MVC NO.1449/2011, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, HASSAN, AWARDING A COMPESNATION OF RS.2,29,100/- WITH INTEREST AT THE RATE OF 6% P.A ON RS.2,09,100/- FROM THE DATE OF PETITION TLL THE DATE OF REALIZATION, INCLUDING THE INTERIM COMPENSATION IF ANY AWARDED. THIS APPEAL, COMING ON FOR 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 Insurance Company challenging the judgment and award dated 29.10.2013, passed by the learned Addl.Senior Civil Judge and Addl.MACT, Hassan, (for short `Tribunal), in MVC.No.1449/2011. 2. The parties are referred to as per their rankings before the Tribunal. 3. It is the case of the claimant that on 23.02.2011, at about 6.00 p.m., when he was going by walk on the road in front of `Raghavendra Appliances shop', he met with an accident due to rash and negligent - 3 - HC-KAR NC: 2025:KHC:18624 MFA No. 6915 of 2014 riding of the TVS Victor motorcycle bearing registration No.KA-13-S-9963 by its rider. Due to the said accident, he sustained injuries and took treatment in the hospital. He filed a claim petition for compensation. 4. Before the Tribunal, the respondent No.2- Insurance Company denied the averments made in the claim petition and also denied its liability to pay the compensation. 5. The Tribunal framed necessary issues. The claimant examined himself as PW-1 and examined the doctor as PW-2 and marked 21 documents from Exs.P-1 to P-21. The respondents have not examined any witnesses, however marked the insurance policy at Ex.R-1. 6. After appreciation of the evidence on record, the Tribunal has awarded compensation of a sum of Rs.2,29,100/-, same is challenged by the insurer in this appeal. - 4 - HC-KAR NC: 2025:KHC:18624 MFA No. 6915 of 2014 7. Heard the arguments from both sides and perused the materials placed before this court. 8. From rival contentions of the parties, the only point that arises for consideration is: " Whether the Tribunal is erred in holding that accident had taken place on 23.02.2011 around 6.00 p.m. by the involvement of the vehicle bearing registration No.KA-13-S-9963 and in the said accident, the claimant had sustained injuries?" 9. PW-1 in his evidence has narrated the facts of the case and has produced the documents at Exs.P-1 to P-9; they are the copies of the documents pertain to criminal case registered against the rider of the offended motorcycle and Ex.P-10 is the Admission Register extract to show that the claimant was admitted as an inpatient on 23.02.2011. It is specifically mentioned therein that it was a MLC case. The wound certificate produced at Ex.P-8 shows that claimant was admitted in the hospital around 6.30 p.m. PW-2- the doctor in his evidence has stated - 5 - HC-KAR NC: 2025:KHC:18624 MFA No. 6915 of 2014 that claimant was admitted in the hospital on 23.02.2011, which corroborates Ex.P-8. 10. In the cross-examination of PW-1, nothing was brought out to discard his evidence. The appellant doubted the accident only on the basis of medical receipts issued by the medical stores, which indicates that the said receipts were issued around `13.35' hours to `13.37' hours of 23.02.2011 and contends that if accident took place at 6.00 p.m. on 23.02.2011, then how could receipts be issued prior to the accident? Hence, it is concocted. 11. The said contention is not tenable. In the cross-examination of PW-1 this was not brought out. The person who issued the receipt was not examined to prove the time of issue. It appears that due to some technical issue in the concerned computer system, time was incorrectly mentioned. For the sake of discussion, even if we accept that it is correct, then the genuineness of the receipt could be doubted or it could be taken as not purchased for treatment of injuries sustained in the - 6 - HC-KAR NC: 2025:KHC:18624 MFA No. 6915 of 2014 accident. Ante-timings of the receipts cannot be a reason to doubt the accident. The said document cannot override Exs.P-1 to P-5 and Ex.P-7 to P-9. 12. PW-2 is the doctor who treated the claimant. In his cross-examination, nothing is brought out to discard his evidence. Therefore, the submission of learned counsel for the appellant in this regard in not acceptable. 13. The Tribunal after assessing the evidence on record, rightly held that accident had taken place on the date, time, place, by the involvement of the offending vehicle. I do not find any reason to interfere in the said finding of the Tribunal. Further, the Tribunal has awarded just and reasonable amount of compensation, which does not call for any interference by this Court. 14. For the aforesaid reasons, the above point is answered in the Negative. Accordingly, I proceed to pass the following : - 7 - HC-KAR NC: 2025:KHC:18624 MFA No. 6915 of 2014 ORDER The Appeal is dismissed. The judgment and award dated dated 29.10.2013, passed by the learned Addl.Senior Civil Judge and Addl.MACT, Hassan, in MVC.No.1449/2011, is confirmed. Registry is directed to send back the records to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE bk/ List No.: 1 Sl No.: 36