- 1 - HC-KAR NC: 2025:KHC-D:9151 MFA No. 100180 of 2015 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 100180 OF 2015 (MV-D) BETWEEN: THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE COMPANY LIMITED, CLUB ROAD, BELAGAVI, REP. BY DEPUTY MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED REGIONAL OFFICE SUMANGALA COMPLEX, LAMINGTON ROAD, HUBLI. …APPELLANT. (BY SRI M K SOUDAGAR, ADVOCATE.) AND: 1. BIJAN KAURAM OWARY AGE: 52 YEARS, OCC: COOLIE, R/O: BIKRAMPUR, P.O.BERIGTAL, DIST: CHIRANG BTC, ASSAM STATE. 2. MEGHASHREE W/O BIJAN OWARY AGE: 47 YEARS, OCC: HOUSEWIFE, R/O: BIKRAMPUR, P.O BERIGTAL, DIST: CHIRANG BTC, ASSAM STATE. 3. SANJAY ANNASAHEB KALE AGE: MAJOR, OCC: BUSINESS, R/O: NO.1291, SHEDBAL STATION, TALUK: ATHANI, DIST: BELAGAVI. 4. MEENAXI W/O UMESH BHAJANTRI AGE: 29 YEARS, OCC: HOUSEHOLD WORK, R/O: ADHALLI, TALUK: ATHANI, DIST: BELAGAVI. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9151 MFA No. 100180 of 2015 5. RAJU S/O UMESH BHAJANTRI AGE: 11 YEARS, OCC: STUDENT, MINOR REP. BY NATURAL MOTHER RESPONDENT NO.4, MEENAXI W/O UMESH BHAJANTRI, R/O: ADAHALLI, TALUK: ATHANI, DIST: BELAGAVI. 6. POOJA D/O UMESH BHAJANTRI AGE: 9 YEARS, OCC: STUDENT, RESPONDENT NO.4, MINOR REP. BY NATURAL MOTHER MEENAXI W/O UMESH BHAJANTRI, R/O: ADAHALLI, TALUK: ATHANI, DIST: BELAGAVI. 7. GANESH S/O UMESH BHAJANTRI AGE: 7 YEARS, OCC: STUDENT, RESPONDENT NO.4, MINOR REP. BY NATURAL MOTHER MEENAXI W/O UMESH BHAJANTRI, R/O: ADAHALLI, TALUK: ATHANI, DIST: BELAGAVI. 8. BASAPPA BHIMAPPA BHAJANTRI AGE: 72 YEARS, OCC: NIL, R/O: ADAHALLI, TALUK: ATHANI, DIST: BELAGAVI. 9. SMT. SUSHILA BHIMAPPA BHAJANTRI AGE: 62 YEARS, OCC: NIL, R/O: ADAHALLI, TALUK: ATHANI, DIST: BELAGAVI. …RESPONDENTS (R.1 TO R.4, R.8, R.9 – NOTICE SERVED; R.5 TO R.7 – MINORS, REP. BY RESPONDENT NO.4.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 22.11.2014, PASSED IN MVC NO.1681/2012, ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-III, BELAGAVI, BY ALLOWING THIS APPEAL AND ETC.,. - 3 - HC-KAR NC: 2025:KHC-D:9151 MFA No. 100180 of 2015 THIS APPEAL COMING ON FOR FINAL 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 22.11.2014, passed by the Presiding Officer, Fast Track Court-III, Belagavi, in MVC No.1681/2012, questioning the entire liability fastened on it. 2. Heard the arguments of learned counsel for appellant insurance company and perused the material placed before the Court. 3. Due to the accident between two motorcycles bearing No.MH-12/TRJ-572 and KA23/V-5803, the deceased died in the accident. The claim petition was filed under section 163-A of the Motor Vehicles Act (‘the Act’ for short). When two motorcycles are involved in the accident and since the claim petition is filed under section 163-A of the Act, therefore, rash and negligence need not be - 4 - HC-KAR NC: 2025:KHC-D:9151 MFA No. 100180 of 2015 pleaded and proved. The tribunal has determined and awarded the compensation of Rs.2,85,000/-, but the entire liability is saddled on the appellant/insurance company who is insurer of the motorcycle No.MH-12/TRJ- 572. When both the motorcycles are involved in the accident, both the owners and insurance companies of both case are liable to pay compensation at the ratio of 50:50. 4. The owner and insurer of the motorcycle bearing No.KA-23/V-5803 are not made as parties. Therefore, the appellant is entitled to pay compensation to the extent of 50% only of what has been determined and awarded by the tribunal. Therefore, the appeal filed by the appellant/insurance company is liable to be allowed. Hence, I proceed to pass the following: ORDER i) The appeal is allowed. - 5 - HC-KAR NC: 2025:KHC-D:9151 MFA No. 100180 of 2015 ii) The judgment and award dated 22.11.2014, passed by the Presiding Officer, Fast Track Court-III, Belagavi, in MVC No.1681/2012 is modified holding that the appellant/insurance company is liable to pay compensation to the extent of 50% only of the compensation determined and awarded by the tribunal. iii) The amount in deposit shall be transmitted to the tribunal. iv) No order as to costs. v) Draw modified award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: BCK. List No.: 1 Sl No.: 44