- 1 - HC-KAR NC: 2025:KHC-D:12578 MFA No. 22145 of 2012 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 22145 OF 2012 (MV-I) BETWEEN: SOMAPPA FIKKIRAPPA UPPAR, AGE: MAJOR, OCC: BUSINESS, R/O: HULLATTI VILLAGE, HIREKERUR-TQ, DIST: HAVERI. …APPELLANT (BY SRI. M.H. PATIL, ADVOCATE) AND: 1. HAMEED SAHEB S/O. FAKRUDDIN SAHEB RATTIHALLI AGE: 58 YEARS, OCC: AGRICULTURE, and BUSINESS, R/O: YALIWAL VILLAGE IN HIREKERUR TQ. NOW AT SANGAM CIRCLE, MAZID NEAR, RANEBENNUR. DIST: HAVERI. 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., LEA COMPLEX, OPP. CORPORATION OFFICE, DHARWAD. …RESPONDENTS (BY SRI. PRUTHVI K.S, ADVOCATE FOR R1; SRI. S.S. KOLIWAD, ADVOCATE FOR R2) THIS MFA IS FILED U/SEC. 173(1) OF MOTOR VEHICLE ACT, 1988 PRAYING TO, CALL FOR RECORDS FROM THE PRL. CENIOR CIVIL JUDGE AND A.M.A.C.T., RANEBENNUR AND SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE LEARNED JUDGE IN M.V.C. NO.323/2009 DATED 22ND MARCH 2012 AND SADDLE THE LIABILITY TO PAY MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12578 MFA No. 22145 of 2012 COMPENSATION ON THE RESPONDENT NO.2 INSURANCE COMPANY AND COST OF THE APPEAL. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT This appeal is preferred by the owner of the motor cycle in question, being aggrieved by the judgment and award dated 22.03.2012 passed in MVC No.323/2009 by the learned Principal Senior Civil Judge and Addl. MACT, Ranebennur ('the Tribunal' for short). 2. Brief facts leading rise to the filing of this appeal are as follows: 2.1. The petitioner filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 on the ground alleging that, on 06.04.2008 at about 02:10 p.m., he was returning from Masur to Yaliwal village after completion of work, as a pillion rider on a motorcycle bearing Reg.No.KA-27/K-2981. At that point of time, a motorcycle bearing Reg.No.KA- - 3 - HC-KAR NC: 2025:KHC-D:12578 MFA No. 22145 of 2012 27/Q-4924 ridden by its rider in a rash and negligent manner, dashed to the motorcycle in which the petitioner was traveling as a pillion rider. As a result, the petitioner has sustained the injuries. Accordingly, prays to allow the petition. 3. Respondent No.3-the owner of the motorcycle bearing Reg. No. KA-27/K-2981 filed a statement of objections, denying the averments made in the claim petition and contended that, as of the date of accident, the vehicle was insured with the Insurance Company and the rider of the said motorcycle was possessing a valid and effective driving license. Hence, prays to dismiss the claim petition against the rider and owner of the motorcycle. 4. The Insurance Company filed a statement of objections denying the averments made in the claim petition and admitted that, the vehicle bearing Reg.No.KA- 27/K-2981 was insured with the Insurance Company. It is contended that the rider of the said vehicle did not possess - 4 - HC-KAR NC: 2025:KHC-D:12578 MFA No. 22145 of 2012 a valid driving license as of the date of accident and hence, prays to dismiss the claim petition against the Insurance Company. 5. The Tribunal based on the pleadings of the parties, framed the relevant issues and additional issues. 6. The petitioner, to substantiate his case, examined himself as PW-1, examined the Doctor as PW-2 and marked 16 documents as Exs.P1 to P16. In rebuttal, the Insurance Company Officer was examined as RW-1 and marked 3 documents as Exs.R1 to R3; and respondent No.3 was examined as RW-2. 7. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in-part and awarded a compensation of Rs.93,600/- along with interest at the rate of 6% p.a. from the date of petition till its realisation from respondent No.3 and dismissed the claim petition against respondents No.1 and 2. - 5 - HC-KAR NC: 2025:KHC-D:12578 MFA No. 22145 of 2012 8. The owner of the motorcycle, being aggrieved by the judgment and award passed by the Tribunal in MVC No.323/2009, filed this appeal. 9. Heard the learned counsel for the owner and also the learned counsel for the Insurance Company. 10. Learned counsel for the owner of the motorcycle in question submits that, the rider of the motorcycle was possessing learner's license. The said learner's license was valid from 27.12.2007 to 26.08.2008 and the accident had occurred on 06.04.2008. As of the date of accident, the rider of the motorcycle was possessing a learner’s license. To substantiate his case, he has produced the learner's license issued dated 27.12.2007, by the RTO, bearing Licence No.RTO/HVR/4598/07-08/COMP. He submits that the Tribunal committed an error in fastening the liability on the owner of the motorcycle in question. Hence, on these grounds, he prays to allow the appeal. - 6 - HC-KAR NC: 2025:KHC-D:12578 MFA No. 22145 of 2012 11. Per Contra, learned counsel for the Insurance Company submits that, as of the date of accident, the rider of the motorcycle was not possessing 'L' board and hence, the Tribunal was justified in fastening the liability on the owner of the motorcycle in question. He submits that, there is a violation of policy conditions. Hence, on these grounds, he prays to dismiss the appeal. 12. Perused the records and considered the submissions of learned counsel for the parties. The point that arises for consideration is regarding the liability. 13. There is no dispute about the occurrence of accident and injuries sustained by the petitioner in a road traffic accident. The petitioner, to prove the rash and negligent riding of the rider of the motorcycle, has produced the charge sheet marked as Ex.P5 which discloses that, the accident was occurred due to the rash and negligent riding of the rider of the offending motorcycle. - 7 - HC-KAR NC: 2025:KHC-D:12578 MFA No. 22145 of 2012 Reg. Liability: 14. The Insurance Company has taken a specific defence in the statement of objections that, the rider of the motorcycle was not possessing a valid and effective driving license as of the date of accident. Learned counsel appearing for the owner filed a memo along with the learner's license, which discloses that as of the date of accident, the rider of the motorcycle was possessing learner's license with effect from 27.12.2007 to 26.06.2008. A perusal of the learner's license discloses that the rider of the motorcycle was possessing the learner's license. The said document was not produced before the Tribunal. The Tribunal has recorded a finding that, as of the date of accident, the rider of the motorcycle was not possessing a valid and effective driving license and fastened the liability on the owner of the motorcycle. In view of the production of the learner's license, the learned counsel appearing for the Insurance Company submits that, he has verified the learner's license produced by the owner of the motorcycle. - 8 - HC-KAR NC: 2025:KHC-D:12578 MFA No. 22145 of 2012 He confirms that the rider of the motorcycle was possessing a learner's license as of the date of accident. As the rider of the motorcycle was possessing a learner's license as of the date of accident and in view of the above discussion, the owner and the Insurance Company are jointly and severally liable to pay the compensation amount awarded by the Tribunal. 15. In view of the above discussion, I proceed to pass the following: ORDER i. The appeal is allowed; ii. The judgment and award dated 22.03.2012 passed in MVC No.323/2009 by the Tribunal is set aside; iii. The liability has been fastened jointly and severally on the owner, and the Insurance Company; iv. The Insurance Company is directed to deposit the compensation amount with accrued interest - 9 - HC-KAR NC: 2025:KHC-D:12578 MFA No. 22145 of 2012 within eight weeks from the date of receipt of a copy of this judgment; v. Pending interlocutory application(s), if any, shall stand disposed of. Sd/- (ASHOK S. KINAGI) JUDGE SKS, PA CT:ANB List No.: 1 Sl No.: 2