- 1 - HC-KAR NC: 2025:KHC-D:11612 MFA No. 25074 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 09TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 25074 OF 2012 (MV-I) BETWEEN: 1. SHIVAPPA MALLAPPA TANGAI AGE: 70 YEARS, OCC: AGRICULTURE, R/O. BADASUR, TQ: SAUNDATTI-591126, DIST: BELGAUM.590001. &APPELLANT (BY SRI. B.C. PATTAR, ADV) AND: 1. IRAPPA S/O ANNAPPA KOTAGI AGE: 25 YEARS, OCC: MILK VENDORS, R/O. BADASUR, TQ: SAUNDATTI-591126, DIST: BELGAUM-590001. 2. BALASAHEB SO KALLAPPA RODDA AGE: 61 YEARS, OCC: PVT. SERVICE, R/O. RAVIVARPETH, JAIN GALLI, GOKAK, TQ: GOKAK-591307, DIST: BELGAUM-590001. 3. NATIONAL INSURANCE CO. LTD. BY ITS DIVISIONAL OFFICE, SUJATA COMPLEX, P B ROAD, HUBLI. POLICY NO.602600/31/10/6700000991 &RESPONDENTS (BY SRI. HANAMANT R. LATUR, ADV FOR R2, SRI. C.V. ANGADI, ADV FOR R3, AND NOTICE TO R1 IS SERVED) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DTD:16-04-2012 PASSED IN MVC.NO.715/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-II, DHARWAD, SITTING AT HUBLI, AWARDING THE COMPENSATION OF RS.1,09,800/- WITH INTEREST AT THE RATE OF 6% P.A., FROM THE DATE OF PETITION TILL REALISATION. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.12 16:34:24 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11612 MFA No. 25074 of 2012 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. This Appeal is filed by the owner of the offending vehicle, challenging the Judgment and award dated 16.04.2012 passed in MVC No.715/2010 by the learned Fast Track Court-II, Dharwad, sitting at Hubli (for short 8the Tribunal9). 2. For convenience, the parties are referred to based on their rankings before the Tribunal. 3. Brief facts leading rise to the filing of this appeal are as follows: On 05.06.2010, the petitioner was proceeding on a motorcycle bearing registration No.KA-24/H-8361, as a pillion rider. The rider of the motorcycle, by name Prabhu, was riding the motorcycle at a moderate speed. When the - 3 - HC-KAR NC: 2025:KHC-D:11612 MFA No. 25074 of 2012 motorcycle was moving near Jack-well on Savadatti- Munavalli road, at that time, one Tata Sumo Jeep bearing registration No.KA-23/M-3359, driven by its driver at a great speed in a rash and negligent manner, dashed to the motorcycle. As a result, the petitioner, who was the pillion rider, sustained a grievous injury. The petitioner filed a claim petition seeking compensation for the injuries sustained in the road traffic accident. Accordingly, prays to allow the claim petition. 4. A notice was issued to the owner of the offending Jeep, but he remained unrepresented and was placed exparte. 5. The owner of the Motor cycle filed a statement of objections denying the averments made in the claim petition and contended that the accident occurred due to the rash and negligent driving of the Jeep by its driver. It is contended that the Police and others colluding with each - 4 - HC-KAR NC: 2025:KHC-D:11612 MFA No. 25074 of 2012 other created a false complaint. Hence, he prays to dismiss the claim petition against the owner of the motorcycle. 6. The Insurance Company filed a statement of objections denying the claim petition averments and , contended that a chargesheet is filed against the rider of motorcycle and no chargesheet is filed against the driver of the Tata Sumo Jeep bearing registration No.KA-23/M-3359. It also contended that the driver of the offending jeep did not possess a valid and effective driving license as of the date of the accident. Hence, prays to dismiss the claim petition against the Insurance Company. 7. The Tribunal, based on the pleadings of the parties, framed the relevant issues and additional issues. 8. The petitioner, to substantiate his case, examined himself as PW-1, examined the Doctor as PW-2 and marked 45 documents as Ex.P1 to P45. Conversely, the Insurance Company examined its Officer as RW-1 and the insurance policy was marked as Ex.R1. - 5 - HC-KAR NC: 2025:KHC-D:11612 MFA No. 25074 of 2012 9. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part vide judgement dated 16.04.2012 and awarded a compensation of Rs.1,09,800/- and held that the owner of the motorcycle bearing registration No.KA-24/H-8361 is liable to pay the compensation amount to the petitioner with interest, the owner of the Motorcycle was directed to deposit the compensation amount, and dismissed the claim petition against the owner of the offending Jeep and the Insurance Company. 10. The owner of the motorcycle, aggrieved by the impugned Judgment and award, filed this present appeal. 11. Heard the arguments of the learned counsel for the owner of the motorcycle and the insurance company. 12. Learned counsel for the owner of the motorcycle submits that the petitioner, in collusion with the Police officials, filed a false complaint against the rider of the motorcycle. He submits that the Tribunal committed an - 6 - HC-KAR NC: 2025:KHC-D:11612 MFA No. 25074 of 2012 error in fasting the liability on the owner of the motorcycle. Hence, on these grounds, he prays to allow the appeal. 13. Per contra, the learned counsel for the Insurance Company supported the impugned judgement and submits that the tribunal was justified in fastening the liability on the owner of the motor cycle. Hence, on these grounds, he prays to dismiss the appeal. 14. Perused the records, and considered the submissions of learned counsel for the parties. The point that would arise for consideration is regarding the liability. Regarding Liability: 15. Admittedly, the petitioner met with an accident and sustained grievous injuries, and the accident occurred due to the rash and negligent riding by the rider of the motorcycle. A chargesheet was filed against the rider of the motorcycle. Admittedly, the said motorcycle was not insured as of the date of the accident. The Tribunal, taking into consideration the chargesheet filed against the rider of - 7 - HC-KAR NC: 2025:KHC-D:11612 MFA No. 25074 of 2012 the motorcycle, has rightly fastened the liability on the owner of the motorcycle. The owner of motorcycle, in rebuttal, did not enter the witness box. The Tribunal, considering the entire evidence on record, was justified in passing the impugned Judgment. Therefore, I do not find any error in the impugned Judgment. In view of the same the point regarding liability is answered accordingly. 16. Accordingly, I proceed to pass the following: ORDER (i) The Appeal is dismissed. (ii) The Judgment and award dated 16.04.2012 passed in MVC No.715/2010 by the learned Fast Track Court-II, Dharwad, sitting at Hubli, is hereby confirmed. - 8 - HC-KAR NC: 2025:KHC-D:11612 MFA No. 25074 of 2012 (iii) The amount in deposit, if any, and trial Court records be transmitted to the Tribunal, forthwith. Sd/- (ASHOK S. KINAGI) JUDGE RHR/- CT: BSB List No.: 1 Sl No.: 5