- 1 - NC: 2025:KHC-D:5592 MFA No. 102403 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MFA APPEAL NO.102403 OF 2023 (MV-I) BETWEEN: VRUSHIBENDRA @ RUSHABENDRA @ JRUSHAVENDRA S/O. GIRIYA @ GIRAIAH, AGE 38 YEARS, OCC: AGRICULTURE & MILK VENDOR, R/O. KORAMMA STREET, GOTUR VILLAGE, TQ & DIST: BALLARI-583102. …APPELLANT (BY SRI. G. R. TURAMARI, ADVOCATE) AND: 1. SRI. DIWAKAR BABU D. S/O. D. LAKSHMIPATHI, AGE 27 YEARS, OCC: RIDER CUM OWNER OF THE HERO SPLENDOR MOTOR CYCLE, R/O. NEAR VEERA BRAHMAIAH SWAMY TEMPLE, GOTUR VILLAGE, TQ AND DIST. BALLARI-583102. 2. M/S. TATA AIG GENERAL INSURANCE CO. LTD., BY ITS MANAGER, HALL MARK BUILDING, 3RD FLOOR, DESAI CORSS, HUBBALLI, DIST. DHARWAD-580029. …RESPONDENTS (BY SRI. MADHUKESHWAR A. DESHPANDE, ADV. FOR R2; NOTICE TO R1 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC. 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCING THE COMPENSATION AND FIXING THE ENTIRE LIABILITY TO THE RESPONDENT NO.2 BY MODIFYING THE JUDGMENT AND AWARD PASSED BEFORE THE MOTOR ACCIDENT CLAIM TRIBUNAL NO.V AND ADDL. SENIOR CIVIL JUDGE, BALLARI IN M.V.C NO.1073/2019, DATED 06.03.2023, AND ALLOW THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5592 MFA No. 102403 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. This is a claimant’s appeal against the judgment and award dated 06.03.2023, passed in MVC No.1073/2019 by the MACT No.V and I-Addl. Senior Civil Judge, Ballari (for short “the Tribunal”) seeking an enhancement of the compensation. 2. For the sake of convenience, the parties are referred to as per their ranks before the Tribunal. 3. It is the case of the claimant that on 07.07.2019 at about 7:00 p.m., respondent No.1 was riding the motorcycle bearing registration No.KA-34/TMP-798 and claimant was a pillion rider going from Torangallu to Gotur. Respondent No.1 was riding the motorcycle in a rash and negligent manner, causing the motorcycle to fall into a ditch on the road and caused the accident, resulting in grievous injuries to the claimant. The claimant contends that he has incurred huge amount towards medical - 3 - NC: 2025:KHC-D:5592 MFA No. 102403 of 2023 expenses and he has been suffering from a permanent disability. On these grounds, the claimant prayed to award of compensation. 4. The respondents denied all the contentions of the claimant and prayed for dismissal of the claim petition. The respondents have also taken the contentions that as on the date of accident the vehicle was not duly registered. They submitted that the period of temporary registration was from 15.04.2019 to 14.05.2019 and it was expired as on the date of accident. Hence, owner of the vehicle has violated terms and conditions of policy of insurance and hence, respondent No.2 is not liable to pay the compensation. 5. The Tribunal framed necessary issues and recorded the evidence of both side. The Tribunal appreciating pleadings and evidence on record, by the impugned judgment and award, awarded compensation of Rs.10,09,289/- with interest at the rate of 6% p.a. and directed the owner of the vehicle to pay the said - 4 - NC: 2025:KHC-D:5592 MFA No. 102403 of 2023 compensation and absolved the liability of the insurer to pay compensation. on the ground of violation of the terms and conditions of the policy of insurance i.e., not registering of the vehicle in accordance with the provisions of M.V. Act. The same is challenged by the appellant in the present appeal. 6. During the pendency of this appeal, the appellant has filed I.A. No.1/2023 under Order 41 Rule 27 of the CPC and produced a copy of the registration certificated obtained from the concerned RTO Office at Ballari. 7. Heard the arguments on main appeal as well on I.A. No.1/2023 of the learned counsel appearing for the appellant as well the learned counsel for respondent No.2. 8. Learned counsel appearing for the appellant vehemently contends on the line with the grounds of appeal as set out in the appeal memo. It is further contended that the Tribunal had absolved the liability of the insurer solely - 5 - NC: 2025:KHC-D:5592 MFA No. 102403 of 2023 on the ground that the said vehicle was not registered as on the date of accident and directed the owner of the vehicle to pay the compensation. He further contends that the owner of the vehicle remained exparte before the Tribunal and did not produce the registration certificate. The claimant being unaware about these facts during the trial of the matter. After passing of the impugned judgment and award, the claimant approached respondent No.1 for payment of compensation. At that time, respondent No.1 intimated him that the said vehicle was registered prior to the date of accident on 01.07.2019 and thereafter the claimant approached the concerned RTO to get the certificate. 9. The claimant further contends that in view of these reason he could not produce the registration certificate before the Tribunal and he intends to produce the said document before this Court, which is a material document on behalf of the appellant. At the time of drafting the affidavit filed in support of I.A. No.1/2023 inadvertently - 6 - NC: 2025:KHC-D:5592 MFA No. 102403 of 2023 these fats are not stated. This is a petition filed under Section 163-A of the M.V. Act and strict rule of law may not be applicable to the Tribunal. With these reasons pryas to take additional evidence on record. Considering the contention of the claimant, I.A. No.1/2023 is allowed and the document sought to be produced is taken on record. It is certified copy of records of RT. Hence, it may be taken on record. 10. Learned counsel appearing for respondent No.2 contends that all the while respondent No.2 was of the opinion that the offending vehicle was not at all registered permanent by respondent No.1. Earlier it had temporary registration certificate. Permanent Registration particulars of the said vehicle were not at all intimated to respondent No.2 by respondent No.1. without registration plying of the vehicle amounts to violation of terms and conditions of the policy of insurance. Hence, respondent No.2 had been fighting the case before the Tribunal that it was not liable to pay compensation. The Tribunal after the trial held that the - 7 - NC: 2025:KHC-D:5592 MFA No. 102403 of 2023 said vehicle was not having permanent registration certificate and hence absolved the liability of the Insurance Company from payment of compensation. If I.A. No.1/2023 is allowed and the documents is taken on record, it will seriously affects the rights of respondent No.2. the learned advocate for respondent No.2 further contends that the amount of compensation awarded is highly excessive. The Tribunal directed the owner - respondent No.1 to pay compensation. Hence, respondent No.2 did not bother about the award. In this appeal, on the basis of additional evidence, if this Court hold that respondent No.2 is liable to pay the compensation awarded it cannot challenged the amount awarded. In this appeal because respondent no.2 did not file any appeal. 11. Considered the contentions of both the parties. The document produced by the appellant under I.A. No.1/2023 is material document to fasten the liability of insurer to satisfy the award. The Tribunal absolved the liability of the insurer to pay the compensation only on the - 8 - NC: 2025:KHC-D:5592 MFA No. 102403 of 2023 ground that the said vehicle was not having permanent registration certificate as on the date of accident. The document produced by the appellant along with the application shows that the said vehicle was registered on 01.07.2019 and it is in force upto 30.06.2034. Undisputedly, the accident had taken place on 07.07.2019 and as on that date, the registration certificate was in force. In that event, respondent No.2 may be liable to pay the compensation. In this appeal, respondent No.2 has no locus standii to contest the appeal, since it was not made liable to pay compensation. Owner of the vehicle has not filed any appeal or appeared before this Court. After reconsidering of additional evidence, if this Court directs the insurer to pay compensation, respondent no.2 would loose an opportunity to challenge the same before this Court. Respondent No.2 may not have an opportunity to contend before this Court regarding the amount of compensation awarded by the Tribunal, which according to its case is highly excessive and disproportionate to the injuries sustained by the claimant. Considering these facts, it is jut and necessary to remand - 9 - NC: 2025:KHC-D:5592 MFA No. 102403 of 2023 this matter to the Tribunal for deciding the case after taking into consideration the document proposed to be produced before this Court. Accordingly, the following order is passed. (i) The appeal is allowed. (ii) Application filed under Order 41 Rule 27 of the CPC is allowed and permitted the appellant to produce the additional document. (iii) In view of the reasons stated above, the judgment and award dated 06.03.2023, passed in MVC No.1073/2019 by the MACT No.V and I-Addl. Senior Civil Judge, Ballari is set aside. The matter is remanded to the Tribunal to permit both parties to lead additional evidence, if any, in additional to the documents which is placed on record before this Court and the Tribunal to hear - 10 - NC: 2025:KHC-D:5592 MFA No. 102403 of 2023 the matter afresh and dispose of the petition in accordance with law. (iv) Contentions of both parties are kept open to be urged before the Tribunal. (v) The Registry is directed to send back the TCR to the Tribunal along with a copy of this judgment and also I.A. No.1/2023 and the documents produced along with this appeal. Sd/- (UMESH M ADIGA) JUDGE VNP /CT-AN List No.: 1 Sl No.: 10