- 1 - HC-KAR NC: 2025:KHC-D:12803 MFA No. 25502 of 2012 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 25502 OF 2012 (MV-I) BETWEEN: 1. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO., LTD., ENKAY COMPLEX, KESHWAPUR, HUBLI INSURER OF HERO HONDA SHINE NO.KA-27/4330. …APPELLANT (BY SRI. RAJASHEKHAR S ARANI, ADV) AND: 1. SHANKARGOUDA S/O KARAGOUDA MALAGI, AGE: 29 YEARS, OCC: TEXTILE MERCHANT, COMMISSION AGENT AND GENERAL MERCHANT, AGRICULTURE AND LIFE INSURANCE CORPN AGENT, R/O: SRI HALSIDDESWAR & CO. APMC YARD, RANEBENNUR AND BYADAGI. 2. MR. SRIDHAR T.S. S/O SHEKHARAPPA, BALAJI KRUPA, VAGISH NAGAR, 5TH CROSS, R/O.& TQ. RANEBENNUR, DIST: HAVERI. …RESPONDENTS (BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADV FOR R1, NOTICE TO R2 IS SERVED) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DTD:12-06-2012 PASSED IN MVC.NO.431/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, ITERNATE COURT, BYADAGI, AWARDING THE COMPENSATION OF RS.8,19,907/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12803 MFA No. 25502 of 2012 CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘M.V.Act,’ for short) by the Insurance Company, challenging the judgment and award dated 12.06.2012 passed in MVC No.431/2010 by the learned Senior Civil Judge & AMACT, Iternate Court, Byadagi. 2. Brief facts, leading rise to the filing of this appeal, are as follows: 3. On 23.12.2008, the petitioner was riding his motorcycle bearing Reg.No.KA-27/Q-6952 from Ranebennur to Mavintop village to attend a marriage ceremony. When he came near Harogoppa village, the owner and rider of the motorcycle bearing Reg.No.KA-27/Q-4330 riding the same in a rash and negligent manner and dashed to the motorcycle of the petitioner. As a result, the petitioner - 3 - HC-KAR NC: 2025:KHC-D:12803 MFA No. 25502 of 2012 sustained the 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 owner-cum-rider of the offending motorcycle appeared and filed a statement of objection contending that he possessed a valid and effective driving license as of the date of the accident, and the policy was in force as of the date of the accident. Hence, he prays to dismiss the claim petition against the owner of the offending motorcycle. 5. The Insurance Company filed a statement of objections denying the averments made in the claim petition. It is contended that the rider of the offending motorcycle did not possess a valid and effective driving license as of the date of the accident. It is contended that the claim petition filed by the petitioner is not maintainable. - 4 - HC-KAR NC: 2025:KHC-D:12803 MFA No. 25502 of 2012 Hence, prays to dismiss the claim petition against the Insurance Company. 6. The Tribunal, based on the pleadings of the parties, framed the relevant issues. 7. The petitioner, to substantiate his case, examined himself as P.W.1, examined the doctor as P.W.2, and marked 23 documents as Exs.P1 to P.23. Conversely, the respondents examined two witnesses as R.Ws.1 and 2, and marked 6 documents as Exs.R1 to R6. 8. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part vide judgment dated 12.06.2012, and awarded a compensation of Rs.8,19,907/- with interest at the rate of 6%, and held that the respondents before the Tribunal are jointly and severally liable to pay the compensation to the petitioner. - 5 - HC-KAR NC: 2025:KHC-D:12803 MFA No. 25502 of 2012 9. The Insurance Company, aggrieved by the quantum of compensation awarded in MVC No.431/2010, filed this Miscellaneous First Appeal. 10. Heard the arguments of the learned counsel for the Insurance Company, and the learned counsel for the petitioner. 11. Learned counsel for the Insurance Company submits that the FIR, complaint, and the documentary evidence discloses that the complaint was lodged on 23.12.2008, and the alleged accident has not taken place as alleged by the petitioner in the claim petition. The Tribunal has failed to consider that the petitioner had gone to the hospital on 23.12.2008 at 8.45 a.m. That being so, it cannot be believed that he can go to the police station as well as the spot of the accident with the alleged injuries. He also submits that the Tribunal has committed an error in not considering that the petitioner has not sustained any loss of future income, as he continued his work as an LIC agent, - 6 - HC-KAR NC: 2025:KHC-D:12803 MFA No. 25502 of 2012 even after the alleged accident. He further submitted that the compensation awarded by the Tribunal is on the higher side. Hence, on these grounds, he prays to allow the appeal. 12. Per contra, learned counsel for the petitioner supports the impugned judgment and award passed by the Tribunal, and contended that the compensation awarded by the Tribunal is just and proper, and do not call for any interference by this court. Hence, he prays to dismiss the appeal. 13. I have perused the records, and considered the submissions made by the learned counsel for the parties. 14. The point, that would arise for consideration is regarding the quantum of compensation. 15. The petitioner contended that, he met with an accident on 21.12.2008 and went to the hospital on 23.12.2008 with the history of a road traffic accident on - 7 - HC-KAR NC: 2025:KHC-D:12803 MFA No. 25502 of 2012 21.12.2008. From the perusal of the wound certificate, it discloses that the petitioner has suffered injuries. The complaint was lodged on 23.12.2008. The petitioner has not explained, if really the accident occurred on 21.12.2008, why the petitioner did not lodge the complaint as of the date of the alleged accident. Further, the petitioner has not produced any records to show that he was admitted in some other hospital from 21.12.2008 to 23.12.2008 up to 4.00 p.m. This creates doubt in the mind of the court regarding the alleged accident. The petitioner has produced the charge sheet, which discloses that the accident occurred due to the rash and negligent riding of the rider of the offending motorcycle. The wound certificate discloses that the accident was occurred and the patient was admitted in the hospital. Admittedly, from the perusal of the wound certificate, it discloses that the alleged accident occurred on 21.12.2008 and the petitioner got admitted to the hospital on 23.12.2008. The petitioner has not explained the reason and produced any records to show that whether he was - 8 - HC-KAR NC: 2025:KHC-D:12803 MFA No. 25502 of 2012 admitted in some other hospital from 21.12.2008 to 23.12.2008 up to 4.00 p.m. As observed above, this creates a doubt in the mind of the court regarding the occurrence of the accident. The Tribunal without considering the said aspect has committed an error in allowing the claim petition. The judgment and award passed by the Tribunal is arbitrary and erroneous. The petitioner has failed to establish that the accident occurred on 21.12.2008, and he has suffered grievous injuries in a road traffic accident. 16. In view of the above discussion, I proceed to pass the following: ORDER (i) The Appeal is allowed. (ii) The impugned judgment and the award dated 12.06.2012 passed in MVC No.431/2010 by the learned Senior Civil Judge & AMACT, Iternate Court, Byadagi is hereby set aside. - 9 - HC-KAR NC: 2025:KHC-D:12803 MFA No. 25502 of 2012 (iii) The claim petition filed by the petitioner is dismissed. (iv) The amount in deposit, if any, shall be refunded to the appellant/insurance company. (v) The Tribunal records shall be transmitted to the Tribunal concerned, forthwith. Sd/- (ASHOK S. KINAGI) JUDGE MBS CT: BSB List No.: 1 Sl No.: 2