- 1 - NC: 2025:KHC-D:3932 MFA No. 24306 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.24306 OF 2012 (MV-I) BETWEEN: THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP. P.B. ROAD, HUBLI. …APPELLANT (BY SRI S.K. KAYAKAMATH, ADVOCATE) AND: 1. SRI. GURUNATH S/O. MANAPPA PATTAR, AGE: 34 YEARS, OCC: ELECTRICIAN, R/O: KHADINAGAR, BETAGERI-GADAG. 2. SRI TIMMANNA S/O. VAMANRAO DESHPANDE, AGE: MAJOR, OCC: BUSINESS, R/O: LOKAPUR, TQ: MUDHOL, DIST: BAGALKOT. (OWNER OF GOODS TEMPO BEARING REGN NO.KA-25/540) …RESPONDENTS (BY SRI CHANDRASHEKAR M.HOSAMANI, ADVOCATE FOR R1; SRI M.C. HUKKERI, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO SETTING ASIDE THE JUDGMENT AND AWARD DATED 07-06-2012 PASSED IN MVC NO.216/2008 ON THE FILE OF DISTRICT JUDGE AND MEMBER, MACT, GADAG, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3932 MFA No. 24306 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) The appeal is filed by the appellant/Insurance Company challenging the judgment and award dated 07.06.2012 passed in MVC No.216/2008 on the file of District Judge and MACT, Gadag (hereinafter referred to as ‘the Tribunal’ for short), challenging the liability fastened on it to pay the compensation. 2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. 3. It is argued that the complaint mentions the offending vehicle as Tempo, having colour of “Ash colour”, which caused the accident. However, in the Police records, colour of the Goods Tempo is “Blue colour”. Further, in the evidence, the claimant stated that the vehicle seized by the Police is having “Blue colour”. Therefore, under these discrepancies, mentioning the colour suspected involvement of the vehicle. Therefore, prays to set aside the judgment and award passed by the Tribunal. - 3 - NC: 2025:KHC-D:3932 MFA No. 24306 of 2012 4. The accident occurred on 09.01.2008 at 8.00 pm. The complaint was lodged on the very same day at about 10.45 pm, therefore, there is no delay in lodging the complaint before the Police. The Police have seized the Goods Tempo which is having “Blue colour”. The complaint states that the Tempo was having colour of “Ash colour”, this is the only discrepancy found in the evidence regarding vehicle’s colour. But, in the complaint it is stated that the nature of the vehicle as Tempo, the seized vehicle by the Police is a Goods Tempo therefore, the nature of vehicle is proved as Goods Tempo. Further, there is no delay in lodging the complaint, soon after the accident within 2 hour 45 minutes, the complaint was lodged. Therefore, there is no manipulation found in entire process of registration of the case and till filing of the chargesheet. 5. In the chargesheet, it is stated that Goods Tempo bearing Reg.No.KA-29/540, has caused the accident. Just because there is a view of discrepancy in mentioning colour is not the ground to suspect the involvement of the vehicle. Furthermore, the accident occurred at 8.00 pm, quite - 4 - NC: 2025:KHC-D:3932 MFA No. 24306 of 2012 naturally under the artificial light at night of the motorcycle, the seeing of colours may be different accordingly it is stated. Considering all the evidence on record, there is no much discrepancy so as to suspect the accident regarding the vehicle’s involvement in the accident. Therefore, the Tribunal is correct in assessing and appreciating the evidence on record, which needs no interference by this Court. Hence, the appeal is liable to be dismissed. 6. Accordingly, the appeal is dismissed. 7. Amount in deposit made by the appellant/Insurance Company shall be transmitted to the Tribunal. 8. Send back the Trial Court Records along with copy of this judgment to the Tribunal. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 44