- 1 - HC-KAR NC: 2025:KHC-D:14640 MFA No. 23932 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 23932 OF 2013 (MV-I) BETWEEN: THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, RADHA KRISHNA COMPLEX, 1ST FLOOR, MARUTI GALLI, BELGAUM. R/BY ITS SR. DIVISIONAL MANAGER. …APPELLANT (BY SRI. NAGANGOUDA R. KUPPELUR, ADVOCATE) AND: 1. SRI. INAYATULLA S/O. MODIN KITTUR, AGE: 20 YEARS, OCC: COOLIE, R/O: HALASHI, TQ: KHANAPUR, DIST: BELGAUM. 2. SRI. MAKTUM S/O. NISARAHAMED DESHPAIK, AGE: MAJOR, OCC: BUSINESS, R/O: NO.212, HALASHI, TQ: KHANAPUR, DIST: BELGAUM. (OWNER MOTOR CYCLE NO.GA-02/F-8805) …RESPONDENTS (BY SRI. SANJAY S. KATAGERI, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR THE RECORDS CONNECTED WITH M.V.C. NO.1679/2012 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, KHANAPUR, EXAMINE THE SAME AND SET ASIDE THE AWARD DATED 05-07- 2013 IN THE INTEREST OF JUSTICE. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.05 12:39:20 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14640 MFA No. 23932 of 2013 THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Nagangouda R.Kuppelur, learned counsel for the appellant as well as Sri.Sanjay S.Katageri, learned counsel for respondent No.1. 2. This appeal is the outcome of the award that is passed by the Motor Accident Claims Tribunal, Khanapur (hereinafter referred to as ‘the Tribunal’ for brevity) in M.V.C. No.1679/2012 dated 05.07.2013. 3. Entertaining the petition filed by respondent No.1 herein claiming compensation, the Tribunal through the impugned order awarded a sum of Rs.3,72,000/- as compensation. 4. On this day learned counsel for the appellant submits that the accident occurred due to collision between - 3 - HC-KAR NC: 2025:KHC-D:14640 MFA No. 23932 of 2013 two motorcycles. Respondent No.1/claimant was present on one of the motorcycles. But he filed a claim petition narrating that while he was proceeding by walk, he was hit by a motorcycle bearing registration number GA-02/F-8805 and thereby he sustained injuries. Learned counsel states that there is clear mention in Ex.P.6-Wound Certificate that respondent No.1/claimant sustained injuries due to collusion between two vehicles but the said document was not considered by the Tribunal. Learned counsel thereby seeks to allow the appeal and dismissed the claim petition. 5. On the other hand the submission that is made by learned counsel for respondent No.1/claimant is that respondent No.1 sustained injuries while he was proceeding by walk and was hit by the motorcycle. Learned counsel submits that immediately after the accident respondent No.1 got admitted into hospital and on the very next day, a complaint was given to Police. In the complaint, it is clearly narrated that while respondent No.1 was proceeding by walk he was hit by a two wheeler. Learned counsel further - 4 - HC-KAR NC: 2025:KHC-D:14640 MFA No. 23932 of 2013 submits that after due investigation, Police laid charge sheet against the driver of the motorcycle which is involved in the accident. Learned counsel also submits that the rider of the motorcycle admitted his guilt in the criminal case and the same is not in dispute. Learned counsel also states that to escape liability, the present appeal is filed. 6. There is no material on record to indicate or establish about the person who gave the details that are present in the medical record regarding the manner of happening of accident. Investigation done by Police clearly establishes the genuineness in the contents of the complaint given. There is no proof to show that due to collision between two vehicles the accident occurred and that respondent No.1/claimant was present over one of those vehicles. Therefore, this Court is of the view that the Tribunal rightly held that respondent No.1/claimant established the manner of happening of accident. Thus, this Court finds no grounds to interfere with the findings of the Tribunal in that regard. - 5 - HC-KAR NC: 2025:KHC-D:14640 MFA No. 23932 of 2013 7. No other grounds were projected by learned counsel for the appellant before this Court during the course of arguments. Therefore, this Court considers that the appeal deserves dismissal. 8. Resultantly, the appeal stands dismissed. 9. Amount if any in deposit be transmitted to the concerned Tribunal, forthwith. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 64