- 1 - NC: 2025:KHC-D:3102 MFA No. 22132 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.22132 OF 2012 (MV-D) BETWEEN: NATIONAL INSURANCE CO. LTD., BY ITS BRANCH MANAGER, P.B. ROAD, HAVERI, HEREIN REPRESENTED BY: BY NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, CELL, SUJATA COMPLEX, P.B. ROAD, HUBLI-580029, REPRESENTED BY ITS ADMINISTRATIVE OFFICER. …APPELLANT (BY SRI RAVINDRA R.MANE, ADVOCATE) AND: 1. MAHAMMAD SAIFULLA S/O. MAHAMMAD HABIBULLA, AGE: 28 YEARS, OCC: AGRICULTURE, R/O: NALLUR, TQ: CHANNAGIRI, DIST: DAVANAGERE, NOW AT BYADAGI. 2. SRI. SUNIL H.J. S/O. JAGANATH SHETTY, AGE: MAJOR, OCC: OWNER OF MOTOR CYCLE BEARING NO.KA-17/Y-371, R/O: NALLUR CAMP, TQ: CHANNAGIRI, DIST: DAVANAGERE. …RESPONDENTS (NOTICE TO R1 AND R2 ARE SERVED) 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 07-03-2012 PASSED IN MVC NO.564/2010 ON THE FILE OF SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, I.T. COURT, BYADAGI, AND TO ETC., Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3102 MFA No. 22132 of 2012 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 Insurance Company challenging the judgment and award dated 07.03.2012, passed in MVC No.564/2010, by the Court of Senior Civil Judge and Additional MACT I.T Court, Byadagi (for short, ‘Tribunal’), on the ground that there has been accident as stated in the claim petition, but the motorcycle bearing registration No.KA-17/Y-371 is falsely implicated just to make claim against the appellant/Insurance Company. 2. The Tribunal has held that the claimant has sustained injuries as he was hit by motorcycle bearing registration No.KA-17/Y-371 and accordingly, the Tribunal has awarded a compensation of Rs.2,64,000/- along with interest at the rate of 9% per annum from the date of petition, till its realization. 3. As per claimant, the accident occurred on 21.10.2009, but the complaint-Ex.P2 is lodged after 22 days i.e., on 12.11.2009. Further, it is the case of claimant that he - 3 - NC: 2025:KHC-D:3102 MFA No. 22132 of 2012 was pedestrian on the left side of road near Kabarasthan Temple in Nallur village and at that time, the motorcycle bearing registration No.KA-17/Y-371, came from back side by its driver in rash and negligent manner with great speed and drove towards left side and dashed the claimant. The complaint is lodged on 12.11.2009 i.e., after 22 days from the alleged accident. Though delay in lodging the complaint cannot be made a ground to reject the claim petition. But the delay is considered on the facts and circumstances in each case. Ex.P5 is wound certificate, in which, it is stated that claimant was admitted to hospital and was inpatient from 21.10.2009 to 29.10.2009 i.e., for a period of 9 days. But it is the case of claimant as per police complaint that bike had hit him, this falsifies the case of claimant. Ex.R8 is case sheet, in which, the history was mentioned as ‘RTA by bike and Auto Rickshaw’, but the word ‘Auto Rickshaw’ is scratched by retaining the only word ‘Bike’. Therefore, the medical records prove the fact that the claim put forward by the claimant is false one. Therefore, the delay of 22 days in lodging complaint and considering the medical records, which are prepared at various point of time, given different texture of accident. Therefore, the Trial Court - 4 - NC: 2025:KHC-D:3102 MFA No. 22132 of 2012 has not appreciated evidence correctly. Hence, the appeal is liable to be allowed, as it is proved that the motorcycle is falsely implicated in the case and also there was no accident as stated in the manner in the complaint. Therefore, the appeal is liable to be allowed. 4. Hence, I pass the following: ORDER a) The appeal is allowed. b) The judgment and award dated 07.03.2012 passed in MVC No.564/2010 by the Court of Senior Civil Judge and Additional MACT I.T Court, Byadagi, is set aside. c) The amount in deposit, if any, made by the appellant/Insurance Company shall be refunded to the appellant. d) No order as to cost. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 1 Sl No.: 83