- 1 - HC-KAR NC: 2025:KHC:37280 MFA No. 5410 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. 5410 OF 2021 (MV-I) BETWEEN: M/S NATIONAL INSURANCE CO. LTD., INLAND ORNATE, 2ND FLOOR, NAVAVHARAT CIRCLE, OPP OCEAN PEARL, MANGALURU CITY-575 003 REPRESENTED BY REGIONAL OFFICE, TP HUB, NO.144, SHUBHARAM COMPLEX, M G ROAD, BENGALURU-560 001 REPRESENTED BY REKHA S MENON, DEPUTY MANAGER …APPELLANT (BY SMT. GEETHA R., ADVOCATE) AND: 1. MR. DAYANANDA, AGED ABOUT 47 YEARS, S/O LATE SEETHARAMA, R/AT KANNADA PATEL COMPOUND, MANGALURU, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37280 MFA No. 5410 of 2021 DAKSHINA KANNADA-575 016 2. MR.UMESH S/O ESHWAR, MAJOR, R/AT DOOR NO.9-36, KUNTAL PADY, SHAKTHINAGAR POST, PADAVU, MANGALURU, DAKSHINA KANNADA -575 016 …RESPONDENTS (R1 & R2 ARE SERVED V/O/D: 24/07/2025, MAHESH, LEARNED COUNSEL IS APPOINTED AS AMICUS CURIAE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.04.2021 PASSED IN MVC NO. 1376/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM AND MACT, MANGALURU D.K., AWARDING COMPENSATION OF RS.3,52,400/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:37280 MFA No. 5410 of 2021 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1376/2018 dated 23.04.2021 by the Principal Senior Civil Judge and CJM and MACT, Mangaluru D.K., the Insurance Company is before this Court. The claim petition is filed seeking compensation of an amount of Rs.20,00,000/- for the injuries sustained by the claimant in the road traffic accident. 2. It is the case of the claimant that on 11.07.2018 at about 15.30 hours, he was proceeding near Bharat Gas Distributors, Bejai New Road, Mangaluru, at that time one Suzuki Access Scooter ridden by its rider from Landmark Apartment side towards Anegundi side, when he reached near a place called Bharat Gas Distributors, Bejai New road in a rash and negligent manner, at a high speed and dashed to the claimant standing in extreme side of the road. Due to the act of the rider of the Suzuki Access Scooter, the claimant fell down on the road and sustained grievous injuries. Immediately after the accident, he was taken to the Tejasvini Hospital. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: - 4 - HC-KAR NC: 2025:KHC:37280 MFA No. 5410 of 2021 Sl. No. Heads of Compensation Amount awarded 1. Loss of future prospectus Rs. 97,500/- 2. Medical treatment, conveyance and nourishment Rs. 1,75,400/- 3. Pain, shock and suffering Rs. 50,000/- 4. Loss of amenities of life and unhappiness Rs. 15,000/- 5. Loss of earning during the period of treatment Rs. 12,500/- 6. Attendant charges Rs. 2,000/- Total Rs. 3,52,400/- 3. It is the case of the Insurance Company that the vehicle is not involved and both the owner of the vehicle and the claimant are neighbours and that is how the vehicle is implicated in this case. It is also the case of the Insurance Company that the medical records run contrary to the version of the claimant. In those circumstances, the involvement of the vehicle cannot be believed. The Tribunal had negatived the said contentions of the Insurance company and observed that the averments made by the claimant in the claim petition remains uncontroverted due to non availability of contra evidence. To elaborate, respondent No.2 has not made any endeavor to procure the rider of the motorcycle for evidence to establish its theory. More so, the owner of the offending vehicle has not filed any complaint against the claimant. Ex.P1 to P8 - 5 - HC-KAR NC: 2025:KHC:37280 MFA No. 5410 of 2021 documents related to Crime No.121/2018 lucidly establish the fact that the accident took place as alleged by the claimant. In Ex.P11 wound certificate there is a mention about the injuries sustained by the claimant due to road traffic accident. Of course, it is simply mentioned in Ex.P11 wound certificate the words “pillion rider”, but it is not specifically mentioned that who is the pillion rider. No doubt, as mentioned in Anesthetic record the claimant is positive to alcohol and smoking. But the said reference is relating to the history of the claimant. Therefore, based on stray entry in Ex.P23 and in the absence of corroborative evidence, it cannot be decided with any degree of certainty that the claimant consumed alcohol as on the date of the accident and due to the influence of the same, he fell down from the moving vehicle and suffered injuries and accordingly, the Tribunal had held that the accident had happened because of the rash and negligent driving of the driver of the offending vehicle. 4. Learned counsel appearing for the appellant/ Insurance Company submits that the Tribunal had completely ignored the evidence on record, particularly Ex.P23. Even according to the claimant, immediately after the accident he - 6 - HC-KAR NC: 2025:KHC:37280 MFA No. 5410 of 2021 was taken to Tejasvini Hospital wherein it is clearly mentioned that he is the pillion rider and he fell down from the bike. The doctor, who is examined on behalf of the claimants as PW2 also submitted that when the claimant was brought to the hospital, he was conscious and basing on his statement, they have entered the same. Learned counsel further submits that when there is a clear evidence on record that he is a pillion rider, the Tribunal ought not to have considered the contra evidence of the claimant that he was standing on the road. The acquaintance of the owner of the vehicle and the claimant being the neighbours also supports the case of the Insurance Company that the vehicle is implicated in this case and all these aspects were not considered by the Tribunal. 5. Learned counsel Sri. Mahesh was appointed as Amicus Curiae to the respondents, there is no representation on his behalf. 6. Having heard the learned counsel for the Insurance Company, perused the material on record. The claim petition is filed seeking compensation under Section 166 of the Motor Vehicles Act. The burden lies on the claimant to show that the - 7 - HC-KAR NC: 2025:KHC:37280 MFA No. 5410 of 2021 accident had occurred because of the rash and negligent driving of the driver of the offending vehicle. Immediately after the accident, even according to him, he was taken to Tejasvini Hospital. The hospital records are running contrary to the case of the claimant. The claimant says that he is a pedestrian. The record says that he is a pillion rider i.e., such a glaring inconsistency has to be taken into consideration, particularly in the facts and circumstances where the owner of the vehicle and claimant are neighbours, the Tribunal cannot observe that it is a stray observation. In the record, on the date of accident on 11.07.2018 and on 12.07.2018 also it is forthcoming in the medical record which is supported by the evidence of PW2. Further, in addition to that, when the accident had taken place on 11.07.2018 why they kept quiet till 12.07.2018 and there is a delay. In these circumstances, even that also assumes significance. In the considered opinion of this Court, the Tribunal had failed to consider the medical records and the burden lies on the claimant to prove, which he has failed to discharge. In these circumstances, the Tribunal had failed to consider the submissions of the Insurance Company and in the considered opinion of this Court, the accident is surrounded by - 8 - HC-KAR NC: 2025:KHC:37280 MFA No. 5410 of 2021 suspicious circumstances and the claimant has failed to prove that there is involvement of the vehicle. 7. Accordingly, the award passed in MVC. No.1376/2018 dated 23.04.2021 by the Principal Senior Civil Judge and CJM and MACT, Mangaluru D.K., is set aside and consequently, the claim petition is dismissed. 8. Accordingly, the appeal filed by the Insurance Company is allowed. i. The amount in deposit shall be forthwith transferred to the Tribunal and the appellant/Insurance Company is at liberty to withdraw the same. 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 BN/List No.: 1 Sl No.: 32