- 1 - HC-KAR NC: 2025:KHC-D:8048 MFA No. 102149 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 102149 OF 2016 (MV-I) BETWEEN: DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., ENKAY COMPLEX, KESHAWAPUR, HUBBALLI, REP. BY ITS DIVISIONAL MANAGER. … APPELLANT (BY SRI. SHARNAPPA S. KOLIWAD, ADVOCATE) AND: 1. RAGHAVENDRA S/O RUDRAPPA, AGE: 25 YEARS, OCC: AGRICULTURE, R/O: RAGHAVENDRA BADAVANE, DIST: SHIVAMOGGA, NOW R/O. AT: RANEBENNUR, DIST: HAVERI. 2. PRADEEP G.H. S/O G. HUCHARAYAPPA, AGE: MAJOR, OCC: BUSINESS (LORRY OWNER), R/O: KHAZI KOPPALU, 1ST CROSS, SHIKARIPUR, DIST: SHIVAMOGGA, (OWNER OF EICHER VEHICLE, BEARING NO.KA-15/6794). … RESPONDENTS (R2-SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 23.01.2016 PASSED IN MVC NO.406/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, AT RANEBENNUR. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8048 MFA No. 102149 of 2016 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the appellant/Insurance Company challenging the judgment and award dated 23.01.2016 passed in MVC No.406/2013 on the file of Principal Senior Civil Judge and Motor Accident Claims Tribunal, Ranebennur1 questioning the fastening of liability on it to pay the compensation on the ground that the claimant had travelled in Eicher lorry bearing Reg.No. KA-15/6794 as unauthorized passenger, but not with goods. 2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. 3. It is the case of the claimant that on 08.05.2012 at about 6.30 a.m., the claimant was going in Eicher loaded lorry bearing Reg.No.KA-15/6794 along with 1 (hereinafter referred to as ‘the Tribunal’ for short) - 3 - HC-KAR NC: 2025:KHC-D:8048 MFA No. 102149 of 2016 his own maize crop bags from Shikaripur to Hosakote. When he reached NH-206 highway near Mattighatta Railway Bridge, the driver of the said vehicle drove the same in a rash and negligent manner without observing the traffic rules and regulations, came in a high speed and lost control and dashed into an iron plate and caused the accident. 4. Upon the claim petition filed by the claimant, the Tribunal awarded compensation of Rs.1,40,055/-along with interest at the rate of 6% p.a. from the date of petition till its realization by fastening liability on the appellant/Insurance Company. 5. Learned counsel for the appellant/Insurance Company submitted that the claimant was unauthorized passenger as he was not accompanied with any goods much less maize crop bags. Therefore, the Insurance Company is not liable to pay compensation. Hence, prays to allow the appeal. - 4 - HC-KAR NC: 2025:KHC-D:8048 MFA No. 102149 of 2016 6. The accident occurred on 08.05.2012 and the complaint was lodged on the very same day. In the complaint, it is mentioned that the claimant was travelling in the Eicher lorry along with his own maize crop bags and the accident occurred. Just because, the bags containing maize crop were not shown in the spot panchanama is not the ground to say that the claimant had not travelled along with goods. When at undisputed point of time, the complaint was lodged, it was mentioned in the complaint and FIR that the claimant was travelling along with goods of maize crop. Therefore, it is proved on all its preponderance of probabilities and at undisputed point of time that the claimant had travelled along with his own goods on Eicher lorry. Therefore, as per Section 147 of the Motor Vehicles Act, 1988, the Insurance Company is liable to pay compensation by indemnifying the owner of the Eicher lorry. Hence, there is no merit found in the appeal to interfere with the judgment and award passed by the Tribunal. Therefore, the appeal is liable to be dismissed. - 5 - HC-KAR NC: 2025:KHC-D:8048 MFA No. 102149 of 2016 7. Accordingly, the appeal is dismissed. 8. The amount in deposit made by the appellant/Insurance Company shall be transmitted to the Tribunal. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 4