- 1 - NC: 2025:KHC-D:3519 MFA No. 101531 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101531 OF 2015 (MV-D) BETWEEN: NATIONAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL MANAGER, MAHAVEER CHAMBERS, ASHOK NAGAR, NIPANI, TAL. CHIKODI, DIST: BELAGAVI, HEREIN REPRESENTED BY: NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, 2ND FLOOR, ARIHANT PLAZA, KUSUGAL ROAD, KESHWAPUR, HUBLI-580023, REPRESENTED BY ITS DEPUTY MANAGER. …APPELLANT (BY SRI R.R. MANE, ADVOCATE) AND: 1. SMT. SONALI @ PREETI W/O. JYOTHI TALAWAR @ KOLI, AGE: 21 YEARS, OCC: HOUSEWIFE, R/O: SIDDAPURWADI, TQ: CHIKODI. 2. SHRI. DAREPPA RAMACHANDRA TALAWAR @ KOLI, AGE: ABOUT 46 YEARS, OCC: AGRICULTURE, R/O: SIDDAPURWADI, TQ: CHIKODI. 3. SMT. BHARATI DAREPPA TALAWAR @ KOLI, AGE: ABOUT 44 YEARS, OCC: HOUSEWIFE, R/O: SIDDAPURWADI, TQ: CHIKODI. 4. SHRI BASAPPA ANNAPPA KOKANE, AGE: 47 YEARS, OCC: AGRICULTURE, R/O: MANJARI, TQ: CHIKODI. …RESPONDENTS (BY SRI RAMESH I.ZIRALI, ADVOCATE FOR R1 TO R3; NOTICE TO R4 IS SERVED) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3519 MFA No. 101531 of 2015 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 12.12.2014 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, CHIKODI, IN MVC NO.182/2013 AND ETC., THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: 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 12.12.2024 passed in MVC.No.182/2013 by the Senior Civil Judge and Member, Additional Motor Accident Claims Tribunal, Chikodi (hereinafter referred to as ‘the Tribunal’ for short), on the ground that the motorcycle bearing Reg.No.KA-23/Q-9082 was falsely implicated to the case. 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 claimants that the deceased after selling vegetables in the market, was returning on his motorcycle bearing Reg.No.KA-23/X-7555, at that time - 3 - NC: 2025:KHC-D:3519 MFA No. 101531 of 2015 another Hero Honda bike bearing Reg.No.KA-23/Q-9082 came with high speed and in a rash and negligent manner and dashed the deceased motorcycle. Due to which, the deceased fell on the road and sustained grievous injuries to the head and immediately he was shifted to the hospital at Miraj, but on 06.10.2012 succumbed to the injuries. Therefore, the complaint is lodged on 07.10.2012. 4. The Tribunal has awarded compensation under various heads as follows: Sl. No. Heads Amount in Rs. 1 Loss of dependency Rs.10,08,072/- 2 Pain and suffering Rs.40,000/- 3 Medical expenses Rs.1,42,405/- 4 Expense towards Funeral and obsequies and transportation of dead body Rs.20,000/- 5 Loss of consortium Rs.25,000/- 6 Loss of love and affection Rs.30,000/- 7 Loss of estate Rs.10,000/- Total Rs.12,75,477/- 5. Learned counsel for the appellant/Insurance Company submitted that the motorcycle bearing Reg.No.KA- 23/Q-9082 is falsely implicated into the case as there was - 4 - NC: 2025:KHC-D:3519 MFA No. 101531 of 2015 delay in lodging the complaint before the Police therefore, submitted that this delay itself disbelieve the case of the claimants. Hence, prays to allow the appeal and set aside the judgment and award passed by the Tribunal. 6. On the other hand, learned counsel for the claimants/respondents justified the judgment and award passed by the Tribunal and prays to dismiss the appeal. 7. In the present case, the accident occured on 25.09.2012. The complaint, as per Ex.P-2 was lodged on 07.10.2012 by the father of the deceased. Immediately after the accident, the deceased shifted to the hospital at Miraj for higher medical treatment, but the deceased succumbed to the injuries on 06.10.2012. Thereafter, the complaint was lodged on 07.10.2012. Though there is delay of 12 days in lodging the complaint before the Police, but the delay alone cannot be made ground to dismiss the claim petition. The Hon’ble Supreme Court in the case of RAVI VS. BADRI NARAYAN AND OTHERS1 has held that delay in lodging the 1 (2011) 4 SCC 693 - 5 - NC: 2025:KHC-D:3519 MFA No. 101531 of 2015 complaint before the Police could be considered according to the facts and circumstances involved in each case. Soon after the accident, the paramount thing is to give prompt and timely medical treatment to the injured rather lodging the complaint before the Police. 8. In the present case, the fact is that the deceased sustained injuries in the accident on 25.09.2012 and died on 06.10.2012, itself goes to prove that the severity of the injuries sustained by the deceased. The deceased’s wife and parents were in the hospital to attend the deceased for giving treatment. Under these circumstances, they may not be able to go to the Police Station for lodging the complaint. Therefore, in these circumstances the delay might have been caused in lodging the complaint. Just because, the delay in lodging the complaint before the Police is not the ground to suspect the claim petition and also regarding involvement of motorcycle bearing Reg.No.KA-23/Q-9082. 9. Upon the investigation, the Police have laid down the charge sheet against the rider of the motorcycle bearing - 6 - NC: 2025:KHC-D:3519 MFA No. 101531 of 2015 Reg.No.KA-23/Q-9082. From the Police records, it is proved that both the motorcycles have been extensively damaged. Therefore, from the evidence on record, it is proved that the motorcycle bearing Reg.No.KA-23/Q-9082 was involved in the accident as it has dashed to the deceased motorcycle. Ex.P-6 is the post mortem report which proves that death of the deceased on 06.10.2012. 10. Further, the Tribunal while awarding the compensation under the head loss of dependency has not added income towards loss of future prospectus in life and on other conventional heads the compensation awarded is on lesser side. But the claimants have not preferred any appeal for enhancement of compensation. Therefore, the compensation awarded by the Tribunal is just and proper and the claimants being satisfied with the said quantum of compensation as they have not preferred any appeal. Therefore, the appeal is liable to be dismissed. Accordingly, the appeal is dismissed. - 7 - NC: 2025:KHC-D:3519 MFA No. 101531 of 2015 11. Amount in deposit made by the Insurance Company shall be transmitted to the Tribunal. 12. Send back the Trial Court Records along with copy of this judgment to the Tribunal. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 51