- 1 - HC-KAR NC: 2025:KHC:37276 MFA No. 2554 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2554 OF 2021 (MV-D) BETWEEN: 1. SMT. GEETHA BAI W/O BABU RAO, AGED ABOUT 54 YEARS 2. JYOTHI K., W/O MADHUSUDHAN AGED ABOUT 53 YEARS 3. K. MALATHESH RAO S/O K.KRISHNA RAO AGED ABOUT 52 YEARS 4. MOHAN RAO S/O K. KRISHNA ROA AGED ABOUT 50 YEARS 5. GNANESHWARI K., W/O GOPAL RAO AGED ABOUT 42 YEARS ALL ARE R/O VANIVILASPURA HIRIYUR TALUK NOW R/O BANK COLONY NEAR VENKATARAMANA SWAMY TEMLE CHITRADURGA -577 501 …APPELLANTS (BY SRI. B.PRAMOD, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37276 MFA No. 2554 of 2021 AND: 1. KOTRESH. E., S/O ESHWARAPPA MAJOR OWNER OF MOTOR CYCLE RE NO. KA 17 EV 5631 R/ONO.2/1, CHIKKANNAHALLI HOSA BADAVANE, NITUVALLI, DAVANAGERE -577 002 2. NATIONAL INSURANCE COMPANY LTD., THE BRANCH MANAGER BRANCH OFFICE JAGALURU MAHALINGAPPA ARCADE B.D. ROAD, CHITRADURGA -577 501 …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R2 R1- SERVED) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 24.02.2021 PASSED IN MVC NO.116/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, C/C 1ST ADDITIONAL SENIOR CIVIL JUDGE, MACT- IV, CHITRADURGA, DISMISSING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:37276 MFA No. 2554 of 2021 ORAL JUDGMENT The present appeal is filed aggrieved by the dismissal of MVC.No.116/2019 dated 24.02.2021 by the I Addl. Senior Civil Judge and Addl. MACT-IV at Chitradurga, the claimants are before this Court. The claim petition is filed under Section 166(C) of Motor Vehicles Act seeking compensation of the death of the deceased in a motor accident on 29.09.2018. 2. It is the case of the claimants that on 29.09.2018, the deceased was a pillion rider of the motorcycle and he was heading towards Davanagere from Chitradurga. When the motorcycle arrived near the memorial of Sri. Nijalingappa on NH-4 road, the rider due to his reckless and negligent driving of the rider of the motorcycle, the deceased fell down, sustained injuries to his head, abdomen, legs, hands and other vital parts of the body. Immediately, he was shifted to the hospital and in the course of treatment he died. 3. The Tribunal had dismissed the claim petition and had observed that Ex.P8 is the charge sheet filed against the rider-Thippeswamy. Ex.R2 is the MLC register extract indicating that the deceased brought to the hospital with the history of - 4 - HC-KAR NC: 2025:KHC:37276 MFA No. 2554 of 2021 self fall while dancing in Ganesh Visarjan at 7.00 p.m. on 29.09.2018. Ex.R3 is the outpatient record containing similar history of injuries. The Tribunal had further observed that the case is surrounded with suspicious circumstances. Whether the evidence of PW-2 is enough to hold that the accident was occurred due to negligence of the rider-Thippeswamy or not is required to be appreciated. The Tribunal had considered the fact that the accident occurred on 29.09.2018 at about 6.45 p.m. PW2 Kiran stated that in the accident deceased Umesh and rider Thippeswamy sustained injuries. Immediately, PW2 and one Kotresh shifted the injured persons to the hospital. According to PW1, rider Thippeswamy did not suffer any injuries in the accident. Considering all these, the Tribunal had held that all these circumstances are suspicious surrounding the case of the prosecution and the claimant has not established before the Tribunal that the accident had taken place because of the rash and negligent driving of the rider of the bike, the accident had happened and dismissed the claim petition. - 5 - HC-KAR NC: 2025:KHC:37276 MFA No. 2554 of 2021 4. Learned counsel appearing for the appellants/ claimants submits that the Tribunal without considering the evidence on the record had dismissed the petition. It is stated that because of the rash and negligent riding of the rider of the vehicle, the accident had occurred and in fact the police have filed the charge sheet against the rider of the vehicle. All these things makes it very clear that there is negligence on the part of the rider of the vehicle and all these aspects were not appreciated by the Tribunal. 5. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal had rightly considered all the aspects and held that the accident had occurred and the claimants have failed to prove that the deceased has died in the road traffic accident. 6. Having heard the learned counsels on either side, perused the material on record. Immediately after the accident, he was taken to the hospital. The outpatient card and the MLC Extract clearly shows that he had sustained the injuries while dancing in Ganesh Visarjan. Subsequently, the rider Thippeswamy and the charge sheet have come up. When the - 6 - HC-KAR NC: 2025:KHC:37276 MFA No. 2554 of 2021 MLC is the first document, why such things are stated in the MLC, no other evidence is placed before the Tribunal. In those circumstances, the Tribunal had rightly considered the MLC and rightly held that the injuries were not sustained in the road traffic accident and rightly dismissed the petition. Hence, this Court finds no reasons to interfere with the well considered order passed by the Tribunal. 7. Accordingly, the appeal filed by the claimants is dismissed. i. 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. ii. No costs. iii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 29