- 1 - HC-KAR NC: 2025:KHC-D:12945 MFA No. 102135 of 2014 C/W MFA No. 102694 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 102135 OF 2014 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 102694 OF 2014 (MV-I) IN MFA No. 102135/2014 BETWEEN: THE MANAGING DIRECTOR THE ORIENTAL INSURANCE CO.LTD., MCDO 6 INDIAN MARCHANT CHAMBERS, 4TH FLOOR R.K. MARG BELLARD ESTATE MUMBAI-1, INSURER OF LORRY NO.GJ-1/TT-8900 TATA 1612, NOTICE TO BE SERVED ON REPRESENTED BY ITS, DIVISIONAL MANAGER, THE ORIENTAL INSURANCE CO.LTD., AT HUBLI N.K.COMPLES KESVAPUR HUBLI, POLICY NO.240700/31/01/03664 VALID FROM 20/12/2001 TO 19/12/2012 REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, SUMANGALA COMPLEX, LAMINGTON ROAD, HUBLI-29. …APPELLANT (BY SRI. G. N. RAICHUR., ADVOCATE) AND: 1. SRI. ABDULGAFARKHAAN S/O. KARIMAKHAN YALLAUR, AGE: 32 YEARS, OCC: BUSINESS AGRI, R/O: SHIGGAON, TQ: SHIGGAON, DIST: HAVERI, PRESENTLY RESIDING AT C/O ABDUL AJJEEJ S/O. KUTUBUDDIN BADAMI, R/O: AKTAR BUILDING BEHIND, KARISMA HOTEL NEAR TOL NAKA, DHARWAD. MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12945 MFA No. 102135 of 2014 C/W MFA No. 102694 of 2014 2. SRI. AVTAR SINGH AMRIK SINGH AGE: MAJOR, OCC: BUSINESS, R/O: TRACK TERMINAL BUILDING-8, 2ND FLOOR, ROMM NO.11 SECTOR-19 TURBNE, NAVY MUMBAI DIST: THANE. 3. SRI. HANAMANTH N. SOMALKAR S/O. SIJADAPPA, AGE: MAJOR, OCC: TRANSPORT BUSINESS, NEAR KANNADA SCHOOL, OLD DANDELI N.K. OWNER OF VEHICLE, NO.KA-30/1976. 4. THE UNITED INDIA INSURANCE CO.LTD., THE DIVISIONAL OFFICE, ANKOLEKAR, BUILDING, NEAR DISTRICT COURT, DHARWAD. …RESPONDENTS (BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADV FOR R1; R2- DISPENSED WITH; R3- ABATED; SMT. PREETI SHASHANK ADV. FOR R4) THIS MFA FILED U/SEC.173(1) OF MV ACT 1988, PRAYING TO CALL FOR THE RECORDS HEAR THE PARTIES AND SET ASIDE THE JUDGMENT AND AWARD DATED 13.05.2014 PASSED BY IN THE COURT OF FAST TRACK AND ADDITIONAL M.A.C.T. DHARWAD MVC NO.159/2010 BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. IN MFA NO. 102694/2014 BETWEEN: SRI. ABDULGAFARKHAN S/O. KARIMAKHAN YALLUR, AGE 32 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O. SHIGGAON, TQ. SHIGGAON, DIST. HAVERI PRESENTLY RESIDING AT C/O ABDUL AJEEJ, S/O. KUTBUDDIN BADAMI R/O. AKTHAR BUILDING, BEHIND KARISHMA HOTEL, NEAR TOLNAKA, DHARWAD. ...APPELLANT (BY SRI. CHANDRASHEKHAR M HOSAMANI, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:12945 MFA No. 102135 of 2014 C/W MFA No. 102694 of 2014 AND: 1. SRI. AVATAR SINGH AMRIK SINGH, AGE: MAJOR, OCC: BUSINESS, R/O TRACK TERMINAL, BUILDING 8 2ND FLOOR, ROOM NO.11 SECTOR 19, TURBHE NAVY MUMBAI, DIST. THANE. 2. THE MANAGING DIRECTOR, ORIENTAL INSURANCE CO. LTD., MCDO 6, INDIAN MERCHANTILE, CHAMBERS, 4TH FLOOR, R.K. MARG, BALLARD ESTATE, MUMBAI-I INSUER OF LORRY NO.GJ01/TT-8900 TATA 1612 NOTICE TO BE SERVED ON REPRESENTED BY ITS DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., AT HUBLI, N.K. COMPLEX KESHWAPUR, HUBLI POLICY NO.240700/31/01/03664 VALID FROM 20.12.2001 TO 19.12.2002. 3. HANAMANTH N. SOMALKAR AGE: MAJOR, OCC: TRANSPORT BUSINESS, NEAR KANNADA SCHOOL OLD DHANDELI (NK) OWNER OF THE VEHICLE NO.KA-30/1976. 4. THE UNITED INDIA INSURANCE CO. LTD., THE DIVISIONAL OFFICE ANKOLEKAR BUILDING NEAR DISTRICT COURT, DHARWAD. ...RESPONDENTS (BY SMT. PREETI SHASHANK, ADV FOR R4; SRI. G.N. RAICHUR, ADV. FOR R2; NOTICE TO R1 AND R3 DISPENSED WITH ) THIS MFA FILED U/SEC.173(1) OF MV ACT 1988, PRAYING TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION FROM RS.2,01,600/- TO RS.5,95,000/- BY MODIFYING THE JUDGMENT AND AWARD WITH SUITABLE MULTIPLIER OF THE COURT OF FAST TRACK AND ADDITIONAL MACT, DHARWAD IN MVC NO.159/2010 DATED 13.05.2014, IN THE INTEREST OF JUSTICE AND EQUITY. - 4 - HC-KAR NC: 2025:KHC-D:12945 MFA No. 102135 of 2014 C/W MFA No. 102694 of 2014 THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT These Appeals are filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘M.V.Act,’ for short) by the Insurance Company and the claimant, challenging the judgment and award dated 13.05.2014 passed in MVC No.159/2010 by the learned Fast Track and Additional MACT, Dharwad. 2. Brief facts, leading rise to the filing of this appeal, are as follows: 3. On 23.04.2002, at about 8.00 a.m., near Agadi cross on P.B.Road, Hubballi, the petitioner was proceeding in a lorry bearing Reg.No.KA-30/1976 along with his pan beetle net bundles from Shiggaon bus stand enroute Hubballi. The driver of the lorry was proceeding at a moderate speed, observing the traffic rules. At that time, another lorry bearing Reg.No.GJ-1/TT 8900 came from the - 5 - HC-KAR NC: 2025:KHC-D:12945 MFA No. 102135 of 2014 C/W MFA No. 102694 of 2014 opposite direction in a rash and negligent manner, and dashed into the lorry bearing Reg.No.KA-30/1976. As a result, the petitioner sustained grievous injuries. The petitioner filed a claim petition under Section 166 of the M.V.Act, claiming compensation for the injuries sustained by him, in a road traffic accident. Accordingly, prays to allow the claim petition. 4. The notice was issued to respondent No.1- owner of the Lorry bearing Reg. No. GJ-1/TT-8900. Despite the service of a notice, he remained unrepresented and was placed ex-parte. 5. The Oriental Insurance Company filed a statement of objections denying the averments made in the claim petition. It is denied that the accident occurred due to the rash and negligent driving of the driver of the lorry bearing Reg.No.GJ-1/TT-8900. It is contended that the driver of the said lorry did not possess a valid and effective driving license as of the date of the accident. - 6 - HC-KAR NC: 2025:KHC-D:12945 MFA No. 102135 of 2014 C/W MFA No. 102694 of 2014 Hence, prays to dismiss the claim petition against the Oriental Insurance Company Limited. 6. A notice was issued to respondent No.3-owner of the lorry bearing Reg.No.KA-30/1976. However, the petition came to be dismissed against respondent No.3, for non-taking steps. 7. The United India Insurance Company Limited filed a statement of objections denying the averments made in the claim petition. It is contended that the driver of the lorry did not possess a valid and effective driving license as of the date of the accident and that the petitioner was an unauthorized passneger. Hence, prays to dismiss the claim petition against the United Indian Insurance Company Limited. 8. The Tribunal, based on the pleadings of the parties, framed the relevant issues. 9. The petitioner, to substantiate his case, examined himself as P.W.1, examined the doctor as - 7 - HC-KAR NC: 2025:KHC-D:12945 MFA No. 102135 of 2014 C/W MFA No. 102694 of 2014 P.W.2, and marked 10 documents as Exs.P1 to P.10. Conversely, the Assistant Manager of the United India Insurance Company Limited was examined as R.W.1, and marked 4 documents as Exs.R2 to R5. The Oriental Insurance Company Ltd., did not lead any oral evidence, however, marked 1 document as Ex.R1 with the consent. 10. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petitions in part with costs vide judgment dated 13.05.2014, and awarded a compensation of Rs.2,01,600/- with interest at the rate of 8% p.a. from the date of the petition till the date of deposit. It is held that respondent Nos.1 and 2 i.e., the owner and the insurer of the Lorry bearing Reg. No.GJ- 1/TT-8900 are jointly and severally liable to deposit the compensation amount, and directed the Oriental Insurance Company Ltd., to deposit the compensation amount. 11. The Oriental Insurance Company Ltd., and the petitioner, aggrieved by the judgment and award passed - 8 - HC-KAR NC: 2025:KHC-D:12945 MFA No. 102135 of 2014 C/W MFA No. 102694 of 2014 in MVC No.159/2010, filed these Miscellaneous First Appeals. 12. Heard the arguments of the learned counsel for the Oriental Insurance Company Ltd., learned counsel for the United India Insurance Co. Ltd, and the learned counsel for the petitioner. 13. The learned counsel for the Oriental Insurance Company Ltd., submits that respondent No.3/owner before the Tribunal died during the pendency of the claim petition and his legal representatives were not brought on record. He submits that the judgment and award passed by the Tribunal is against a dead person. He submits that the Tribunal has recorded a finding that the charge sheet is filed against the drivers of both vehicles; however, the Tribunal has not fastened liability on the driver of the other vehicle. Thus, the Tribunal has committed an error in not fastening the liability on the driver of another vehicle. Hence, on these grounds, he prays to allow the - 9 - HC-KAR NC: 2025:KHC-D:12945 MFA No. 102135 of 2014 C/W MFA No. 102694 of 2014 appeal, and remit the matter back to the Tribunal regarding apportionment of the liability on another vehicle. 14. Learned counsel for the United India Insurance Company Limited submits that the Tribunal has not recorded a finding on the apportionment of the liability on both the insurance companies. Hence, he prays to dispose of the appeals. 15. Per contra, the learned counsel for the petitioner submits that, the compensation awarded by the tribunal is on the lower side and meagre. Accordingly, prays to allow the appeal filed by the petitioner. 16. I have perused the records, and considered the submissions made by the learned counsel for the parties. 17. The point, that would arise for consideration is, Whether the Oriental Insurance Company Ltd., and the petitioner prove that the judgment - 10 - HC-KAR NC: 2025:KHC-D:12945 MFA No. 102135 of 2014 C/W MFA No. 102694 of 2014 and award passed by the Tribunal is against a dead person? 18. Reg, Point: There is no dispute regarding the occurrence of the accident and the injuries sustained by the petitioner in a road traffic accident. The petitioner produced a charge sheets marked as Exs.P6 and P7, which discloses that the charge sheet is filed against the drivers of both vehicles. The Tribunal, while considering the liability, has not assigned any reasons for not fastening the liability on the United Indian Insurance Company Limited. From the perusal of the entire judgment and award, the Tribunal except recording that the Oriental Insurance Company Limited is liable to pay the compensation has not discussed about the liability of the United Indian Insurance Company Limited. Admittedly, the charge sheet is filed against the drivers of both vehicles. The Tribunal committed an error in not fastening liability on the United Insurance Company Limited. - 11 - HC-KAR NC: 2025:KHC-D:12945 MFA No. 102135 of 2014 C/W MFA No. 102694 of 2014 19. Learned counsel for the parties submit that during the pendency of the claim petition, respondent No.3 before the Tribunal died and his legal representatives were not brought on record. The judgment and award passed by the Tribunal is against a dead person. In view of the proposition laid down by the Coordinate Bench, this court in the case of CHANDRASHEKHARAPPA, SINCE DECEASED BY HIS L.RS VS SMT.ANNAPURNABAI, SINCE DECEASED BY HER L.RS reported in ILR 2013 KAR 5055, this matter requires reconsideration by the Tribunal regarding apportionment of the liability. 20. The United India Insurance Company Limited has taken a specific defense that the petitioner was travelling in the lorry as an unauthorized passenger. There is a breach of the policy conditions, and the liability has to be saddled on the owner of the lorry. In view of the stand taken by the United India Insurance Company Limited, the legal representatives of the deceased respondent No.3 are - 12 - HC-KAR NC: 2025:KHC-D:12945 MFA No. 102135 of 2014 C/W MFA No. 102694 of 2014 necessary parties. In view of the same, the point is answered accordingly. 21. In view of the above discussion, I proceed to pass the following order: ORDER (i) The Appeals are allowed. (ii) The impugned judgment and the award dated 13.05.2014 passed in MVC No.159/2010 by the learned Fast Track and Additional MACT, Dharwad is hereby set aside. (iii) The claim petition in MVC No.159/2010 is restored to its original file. The matter is remitted to the Tribunal. (iv) The Tribunal is directed to permit the petitioner to bring the legal representatives of the deceased respondent No.3/owner on record. Thereafter, the Tribunal is directed to pass the judgment in accordance with the law, after providing an opportunity - 13 - HC-KAR NC: 2025:KHC-D:12945 MFA No. 102135 of 2014 C/W MFA No. 102694 of 2014 to lead additional evidence, if any, if the parties so intend. (v) The parties are directed to appear before the tribunal on 13.10.2025 without awaiting any further notice. (vi) All the contentions of the parties are kept open. (vii) The amount in deposit, if any, is to be refunded to the Oriental Insurance Company Ltd. (viii) The Tribunal records, if any, shall be transmitted to the Tribunal concerned, forthwith. Sd/- (ASHOK S. KINAGI) JUDGE MBS CT:ANB List No.: 1 Sl No.: 17