- 1 - HC-KAR NC: 2025:KHC-D:10629 MFA No. 25766 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 25766 OF 2012 (MV-I) BETWEEN: THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, NATIONAL INSURANCE CO. LTD., OPP. MINI VIDHANA SOUDHA, STATION ROAD, GULBARGA, NOW REP BY ITS DY. MANAGER, NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, HUBBALLI. …APPELLANT (BY SRI. RAJASHEKHAR S. ARANI, ADV) AND: AMERESH S/O SHANTAVEERAPPA, AGE: 36 YEARS, OCC: TAILORING, I.E., READYMADE SHOP SURY TAILORS, MAHAVEER CHIRCLE, MAIN ROAD, GANGAVATHI. …RESPONDENT (NOTICE TO SOLE RESPONDENT IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 04.10.2012 PASSED IN MVC NO.192/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT, AT GANGAVATHI, AWARDING THE COMPENSATION OF RS.1,46,600/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL REALISATION. 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 MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.30 15:46:01 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10629 MFA No. 25766 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Miscellaneous First Appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘M.V.Act, 1988” for short) by the appellant challenging the judgment and award dated 04.10.2012 passed in MVC No.192/2011 by the Senior Civil Judge and MACT, Gangavathi. 2. For convenience, the parties are referred based on their ranking before the Tribunal. 3. Brief facts leading rise to the filing of this appeal, are as follows: On 03.10.2004, the petitioner was proceeding on his own motorcycle bearing Reg.No.KA-37/H-54 from Tumkur to Shira. At about 10.30 a.m., one person by name Nanjundappa suddenly came across the road. As a result, the petitioner fell down on the road, along with his motorcycle. On account of which, he sustained grievous - 3 - HC-KAR NC: 2025:KHC-D:10629 MFA No. 25766 of 2012 injuries. Hence, he filed a claim petition under Section 163-A of the M.V. Act, 1988, seeking compensation. 4. The respondent-Insurance Company filed a written statement contending that that the petitioner himself was negligent for the accident in question, and the petitioner was holding a valid and effective driving license as of the date of the accident. It is also contended that the petitioner himself was of the owner of the offending vehicle and the policy was taken in his name. Hence, the petitioner is not entitled to claim the compensation, and prays to dismiss the claim petition. 5. The Tribunal, based on the pleadings of the parties framed the relevant issues. 6. The petitioner to substantiate his case examined himself as P.W.1, examined the doctor as P.W.2, and marked 8 documents as Exs.P1 to P8. In the rebuttal, The Development Officer of the Insurance Company was examined as R.W.1, and marked one - 4 - HC-KAR NC: 2025:KHC-D:10629 MFA No. 25766 of 2012 document as Ex.R1. The Tribunal, after assessing the verbal and documentary evidence allowed the claim petition in part, and awarded compensation of Rs.1,46,600/- with interest at the rate of 6% p.a. from the date of the petition till the realisation of the amount. 7. The Insurance Company, aggrieved by the judgment and the award passed by the Tribunal in MVC No.192/2011, filed this Miscellaneous First Appeal. 8. Notice was issued to the petitioner. Despite service of notice, the petitioner remained absent. 9. Heard the learned counsel for the Insurance Company. 10. Learned counsel for the Insurance Company submits that the petitioner himself is the owner of the motorcycle, and he has taken the policy in his name. He was riding the motorcycle, and there is negligence on the part of the petitioner himself. Hence, the petitioner cannot claim compensation, in view of the proposition laid down - 5 - HC-KAR NC: 2025:KHC-D:10629 MFA No. 25766 of 2012 by the Hon’ble Apex Court in the case of NINGAMMA AND ANOTHER VS UNITED INSURANCE COMPANY LIMITED reported in AIR 2009 SC 3056. He submits that the Tribunal without considering the said aspect has committed an error in allowing the claim petition. He submits that the Insurance Company is not liable to pay the compensation, as claimed by the petitioner. Hence, on these grounds, he prays to allow the appeal. 11. Perused the records, and considered the submission of the learned counsel for the Insurance Company. The point that arises for consideration is regarding liability. 12. It is the case of the petitioner that he was riding the motorcycle on 03.10.2004, and one person by name Nanjundappa suddenly came across the road. As a result, he fell down and sustained grievous injuries. To substantiate that the accident occurred, he produced the charge sheet marked as Ex.P4. Admittedly, the petitioner - 6 - HC-KAR NC: 2025:KHC-D:10629 MFA No. 25766 of 2012 is the owner, and the rider of the motorcycle. As of the date of the accident, the motorcycle was insured with the respondent-Insurance Company. The petitioner is a party to the contract. The petitioner is not entitled to claim the compensation on account of his own negligence. The said aspect was not properly considered by the Tribunal, and committed an error in awarding the compensation to the petitioner. Thus, the impugned judgment and award passed by the Tribunal is arbitrary and erroneous, and contrary to the proposition laid down by the Hon’ble Apex Court in the case of NINGAMMA (SUPRA), and also the proposition laid down by this court in the case of ORIENTAL INSURANCE CO. LTD. VS SHARADA G. AND OTHERS reported in 2009 (4) KANT.LJ 121 Thus, the impugned judgment passed by the Tribunal is arbitrary and erroneous, and the same is liable to be set aside. 13. In view of the above discussion, I proceed to pass the following: - 7 - HC-KAR NC: 2025:KHC-D:10629 MFA No. 25766 of 2012 ORDER i) The Miscellaneous First Appeal is allowed. ii) The judgment and the award dated 04.10.2012 passed in MVC No.192/2011 by the Senior Civil Judge and MACT, Gangavathi is hereby set aside. iii) Consequently, the claim petition filed by the petitioner is dismissed. iv) The office is directed to refund the amount in deposit to the Insurance Company. Sd/- (ASHOK S. KINAGI) JUDGE MBS CT: BSB List No.: 1 Sl No.: 7