- 1 - HC-KAR NC: 2025:KHC-D:7599 MFA No. 22574 of 2012 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 22574 OF 2012 (MV-I) BETWEEN: SMT. SHANTA W/O. SHIVALING HANCHINAL, AGE: 40 YEARS, OCC: PRIVATE SERVICE, R/O: MALABADINNAGAR, INCHALKARANJI, TQ: HATKANAGALA, DIST: KOLHAPUR, STATE: MAHARASTRA. … APPELLANT (BY SRI JAGADISH PATIL, ADVOCATE.) AND: 1. SHRI SHIVALING S/O. SHANKAR HANCHINAL, AGE: MAJOR, OCC: BUSINESS, R/O: K.L. MALABADI NAGAR, SHAHAPUR, INCHALKARANJI, TQ: HATKANAGALA, DIST: KOLHAPUR (MAHARASHATRA). 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., BABASAHEB KHANJIRE, SMRUTI BHAVAN, STATION ROAD, INCHALKARANJI, ITS DIVISION OFFICE AT: MARUTI GALLI, TQ: AND DIST: BELGAUM. … RESPONDENTS (BY SRI NAVEEN R. MELINAMANI, ADVOCATE FOR R1; SRI S.C. JAINAR, ADVOCATE FOR R2.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 25.04.2012, PASSED IN MVC NO.255/2012, ON THE FILE OF THE IV-ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT-V, BELGAUM, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7599 MFA No. 22574 of 2012 CONSEQUENTLY TO AWARD COMPENSATION AS PRAYED IN THE CLAIM PETITION AND ETC.,. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Heard the arguments of learned counsels appearing for both the sides and perused the material placed before the Court. 2. The appeal is filed by the claimant challenging the judgment and award dated 25.04.2012, passed by the IV Additional District and Sessions Judge and MACT-V, Belagavi, in MVC No.255/2012, thereby the claim petition was dismissed. 3. The tribunal has dismissed the claim petition on the reason that there was delay of three days in lodging the complaint and the complainant has not supported the prosecution case in criminal case foisted against the rider of the motorcycle who is son of claimant’s sister. - 3 - HC-KAR NC: 2025:KHC-D:7599 MFA No. 22574 of 2012 Therefore, on these reasons the claim petition was dismissed. 4. In the present case when the claimant was traveling as a pillion rider on the motorcycle bearing No.MH-09/BT-3328 on 18.01.2011 from Inchalkaranji to Hulloli village, due to rash and negligent riding of the motorcycle, the claimant fell on the road and sustained injuries. The complaint is lodged on 21.01.2011. Though there was delay of three days in lodging the complaint, that alone cannot be a ground to reject the claim petition. Soon after the accident the claimant was shifted to hospital. Ex.P.5 is the wound certificate, in which it is stated that the claimant was admitted to hospital with a history of road traffic accident that occurred on 18.01.2011. The other medical records and discharge card prove the fact that the claimant was admitted to hospital with a history of road traffic accident that occurred on 18.01.2011. - 4 - HC-KAR NC: 2025:KHC-D:7599 MFA No. 22574 of 2012 5. Immediately after the accident, the paramount thing is to admit to the hospital and to take medical treatment for the injuries suffered in the accident rather than running to the police station to lodge a complaint. Therefore, it is proved that soon after the accident the claimant was admitted to the hospital on 18.01.2011 itself. The accident is caused at 03.10 p.m. and the claimant was shifted to Government hospital. Therefore it is proved that the claimant has sustained injuries in a road traffic accident. 6. The rider of the motorcycle is son of claimant’s sister. The claimant has not supported the prosecution case foisted against the rider of the motorcycle. Just because the claimant has not supported the prosecution case in a criminal case, that is not a ground to reject the claim petition. The tribunal has committed error in this regard. Hence, dismissal of the claim petition is perverse and without application of mind. Therefore the judgment and award is set aside. - 5 - HC-KAR NC: 2025:KHC-D:7599 MFA No. 22574 of 2012 7. With regard to quantum of compensation, in the present case though the claim petition is dismissed, the tribunal has determined the compensation on various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and suffering. 25,000 2. Towards medical expenses. 32,400 3. Towards loss of future income. 46,800 4. Towards attendant charges, conveyance, nourishment. 5,000 5. Towards loss of amenities in the life and expectancy of life. 5,000 Total: 1,14,200 8. Thus, the tribunal has determined total compensation of Rs.1,14,200/-. Since the tribunal has dismissed the claim petition, the compensation amount is not awarded. Considering the quantum of compensation arrived at by the tribunal, it is found to be just and proper and reasonable. Therefore, the claimant is entitled for compensation of Rs.1,14,200/- as determined and arrived at by the tribunal. Therefore it is proved that the claimant has sustained injuries in a road traffic accident and the - 6 - HC-KAR NC: 2025:KHC-D:7599 MFA No. 22574 of 2012 compensation determined by the tribunal is awarded to the claimant. Therefore, the claim petition is liable to be allowed. 9. Hence, I proceed to pass the following: ORDER i) The appeal is allowed. ii) The judgment and award dated 25.04.2012, passed by the IV Additional District and Sessions Judge and MACT-V, Belagavi, in MVC No.255/2012, is set aside. iii) The claim petition in MVC No.255/2012 is partly allowed. iv) The claimant is entitled for a total compensation of Rs.1,14,200/- along with interest at the rate of 6% p.a. from the date of petition till its realization. v) The respondent insurance company shall deposit the compensation along with interest as stated - 7 - HC-KAR NC: 2025:KHC-D:7599 MFA No. 22574 of 2012 above, within a period of four weeks from the date of receipt of a copy of this judgment. vi) The entire amount shall be released in favour of the claimant/appellant. vii) Send back the trial Court records along with a copy of this judgment and award to the concerned tribunal. viii) No order as to costs. ix) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 57