- 1 - HC-KAR NC: 2025:KHC-D:9268 MFA No. 24148 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 24148 OF 2012 (MV-) BETWEEN: 1. GURUSHANTAPPA S/O HEMAPPA YALAGACHIN, AGE: 49 YEARS, OCC: COOLIE, 2. CHANABASAMMA W/O GURUSHANTAPPA YALAGACHIN, AGE: 43 YEARS, OCC: COOLIE, BOTH ARE R/O: KATEBENNUR @ KANTEBENNUR, NOW R/AT: GUTTAL, TQ & DIST: HAVERI. …APPELLANTS (BY SRIYUTHS. SHIVASAI M. PATIL & H.S. NAYAK, ADVS) AND: 1. RAGEEV S/O RAMAPPA REDDI, AGE: 43 YEARS, OCC: BUSINESS, R/O: BANAVALLI, TQ: HARIHAR, DIST: DAVANAGERE. 2. THE NEW INDIA ASSURANCE CO. LTD., OFFICE: 289/12, II FLOOR, A.M.ARCADE, SRI. SHAMANUR SHIVASHANKRAPPA ROAD, DAVANAGERE. …RESPONDENTS (BY SRI. P.H.PAWAR, ADV FOR R2 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S. 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 24.02.2012 PASSED IN MVC NO.23/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE & AMACT, HAVERI, DISMISSING THE PETITION FILED U/S.166 OF MOTOR VEHICLES ACT. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.01 11:26:54 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9268 MFA No. 24148 of 2012 THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER : CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This appeal is filed under Section 173(1) of the Motor Vehicles Act, by the appellants, challenging the judgment dated 24.02.2012 passed in MVC No.23/2010 by the Senior Civil Judge and AMACT, Haveri. 2. Brief facts, leading rise to the filing of this appeal, are as follows: On 05.04.2009 at about 7.30 p.m., the appellants’ son Hemaraj and his friend one N.Shivakumar were proceeding towards Holal in a Tempo Trax to bring the mechanic for repair of his tractor. Due to the mechanical defect, the said Tempo Trax was stopped. The deceased Hemaraj and his friend were walking towards the Holal on the left side of the road. At that time, a Hero Honda motorcycle bearing Reg.No.KA-17/Y-3878 came in a rash and negligent manner and dashed to the deceased. The - 3 - HC-KAR NC: 2025:KHC-D:9268 MFA No. 24148 of 2012 deceased sustained grievous injuries. He was shifted to the hospital. However, succumbed to the injuries on 08.04.2009. The appellants have spent more than Rs.70,000/- towards medical expenses and Rs.25,000/- towards funeral expenses. It is contended that the deceased was hale and healthy prior to the accident. He was running a kirani shop in the name and style of “Malatesh Kirani Shop” and earning Rs.15,000/- to Rs.20,000/- per month. The appellants were depending on the income of the deceased. Due to the sudden death of the deceased, the appellants are suffering from mental agony, loss of love and affection. The deceased was the only bread earner in the family. The appellants filed a claim petition under Section 166 of the M.V.Act, seeking compensation of Rs.15,00,000/- on account of the death of their son Hemaraj in a road traffic accident. 3. Respondent No.1 filed a statement of objections denying the averments made in the claim petition. It is contended that at the time of the accident, the rider of the - 4 - HC-KAR NC: 2025:KHC-D:9268 MFA No. 24148 of 2012 motorcycle was not holding a valid and effective driving licence and the said motorcycle was not insured with respondent No.2. Hence, respondent No.1 is not liable to pay the compensation to the petitioners. 4. Respondent No.2 denied the averments made in the claim petition. It is contended that the rider of the motorcycle was not holding a valid driving licence at the time of the accident. Hence, prays to dismiss the claim petition against respondent No.2. 5. The Tribunal, on the basis of the pleadings of the parties, framed issues and additional issues. 6. The appellants to substantiate their case, appellant No.1 was examined as P.W.1, one witness as P.W.2, and got marked 7 documents as Exs.P1 to P7. On the other hand, respondent-Insurance Company examined witnesses as R.Ws.1 to 3 and marked 3 documents as Exs.R1 to R3. The Tribunal after assessing the verbal and documentary evidence, dismissed the claim petition vide - 5 - HC-KAR NC: 2025:KHC-D:9268 MFA No. 24148 of 2012 judgment dated 24.02.2012. The appellants, aggrieved by the judgment passed in MVC No.23/2010 by the Senior Civil Judge & AMACT, Haveri, have filed this appeal. 7. Heard the arguments of the learned counsel for the appellants. 8. The appellants have produced the records to establish that the accident occurred due to the rash and negligent riding of the rider of the motorcycle. The said aspect was not properly considered by the Tribunal and committed an error in dismissing the claim petition. Hence, he prays to allow the appeal. 9. Perused the records and considered the submission of the learned counsel for the appellants. 10. The appellants, to prove that the accident had occurred due to rash and negligent riding of the motorcycle by its rider, produced the charge sheet, which is marked as Ex.P4. The respondent-Insurance Company has denied the occurrence of the accident. In the - 6 - HC-KAR NC: 2025:KHC-D:9268 MFA No. 24148 of 2012 connected MVC No.155/2010, the Tribunal has recorded a finding that the deceased himself fell down from the motorcycle and sustained injuries and succumbed to the injuries. The death of the deceased was due to falling from the motorcycle and not due to the accident. The finding recorded by the Tribunal in MVC No.155/2010 has attained finality. Neither the claimants in MVC No.155/2010 nor the appellants have challenged the finding recorded by the Tribunal in MVC No.155/2010. The claim petition filed in MVC No.155/2010 arises out of the same accident. As the Tribunal in MVC No.155/2010 has already held that the accident did not occur as contended in the claim petition, rightly dismissed the present claim petition. I do not find any error in the impugned judgment passed by the Tribunal. Accordingly, I proceed to pass the following: ORDER i) The appeal is dismissed. - 7 - HC-KAR NC: 2025:KHC-D:9268 MFA No. 24148 of 2012 ii) The judgment dated 24.02.2012 passed in MVC No.23/2010 by the Senior Civil Judge and AMACT, Haveri is confirmed. No order as to costs. Sd/- (ASHOK S. KINAGI) JUDGE MBS CT: BSB List No.: 1 Sl No.: 38