- 1 - HC-KAR NC: 2025:KHC-D:7454-DB MFA No.101319 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND MISCELLANEOUS FIRST APPEAL NO.101319 OF 2020 (MV-I) BETWEEN: SRI. AZARUDDIN S/O KHADAR ALI GULEDAKOPPA, AGE: 31 YEARS, OCC: BUSINESS, R/O: KATUR, TQ: MUNDGOD, DIST: UTTARA KANNADA-581346. - APPELLANT (BY SRI. VISHWANATH HEGDE, ADVOCATE) AND: 1. SHRI GAJANANA NARAYAN AMBIGA, AGE: 52 YEARS, OCC: KSRTC DRIVER, BADGE NO.1271, VALISHA GALLI, YELLAPUR TOWN, TQ: YELLAPUR, DIST: UTTAR KANNADA-581359. 2. THE MANAGING DIRECTOR, NWKRTC, R/BY. THE DIVISIONS COMMISSIONER, NWKRTC, UTTARA KANNADA DIVISION, SIRSI, DIST: UTTARA KANNADA-581401. - RESPONDENTS (BY SRI. S.S. KOLIWAD, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MFA IS FILED U/S. 173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 26.11.2019 PASSED IN M.V.C. NO. 334/2018 ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, YELLAPUR, SITTING AT MUNDGOD, DISMISSING THE PETITION FILED UNDER SECTION 166 OF MOTOR VEHICLE ACT & ETC. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.11 11:35:10 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7454-DB MFA No.101319 of 2020 CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) This miscellaneous first appeal has been filed by the claimant aggrieved by the dismissal of the claim petition. The claim petition was filed u/S 166 of the M.V. Act and therefore the Motor Accident Claims Tribunal held that it is the burden of the petitioner to prove that he met with an accident which was caused due to the rash and negligent act on the part of the opposite party. This is a case where the Tribunal has found that in the criminal case, charges were leveled against the petitioner himself and therefore it would not be permissible for the petitioner to contend that that the accident occurred due to the rash and negligent driving of the other vehicle. 2. Learned counsel for the appellant would therefore submit that the claim petition should have been filed u/S 163-A of the M.V. Act where, in terms of sub Section (2) - 3 - HC-KAR NC: 2025:KHC-D:7454-DB MFA No.101319 of 2020 of the said provision a claimant is not required to plead or establish that the death or permanent disability in respect of which the claim has been made was due to any wrongful act or negligence or default of the owner of the other vehicle. 3. Accepting the submission of the learned counsel for the appellant the miscellaneous first appeal stands disposed of reserving liberty to the petitioner to convert the claim petition as one under Section 163-A of the unamended Act. The appeal stands remitted accordingly. The learned AMACT, Yellapur sitting at Mundagod is directed to permit the claimant to convert the petition as one u/S 163-A of the M.V. Act and rehear the petition. Liberty is also given to the petitioner to implead his insurer. - 4 - HC-KAR NC: 2025:KHC-D:7454-DB MFA No.101319 of 2020 In case the claimant succeeds, he will be entitled for payment of interest only from the date of conversion of the petition as directed by this Court. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 40