- 1 - HC-KAR NC: 2025:KHC-D:10872 MFA No. 23358 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 23358 OF 2013 (MV-I) BETWEEN: 1. THE BRANCH MANAGER NATIONAL INSURANCE CO. LTD, BALLARI, REPTD BY ITS MANAGER, NATIONAL INSURANCE CO. LTD, REGIONAL OFFICE, II FLOOR, ARIHANT PLAZA, KESHWAPUR, HUBLI. …APPELLANT (BY SRI. S.K. KAYAKAMATH, ADV) AND: 1. SMT. GUNDAMMA W/O LATE BEERAPPA AGE : 61 YEARS, OCC:AGRICULTURE R/O : NEAR IRANNA HOUSE, KODALU VILLAGE, POST: CHIKKANTHAPUR, TAL : SANDUR, DIST. BALLARI. 2. SRI. MOHAMMED KALEEM S/O A.D.K KALEEM RIDER OF MOTOR CYCLE, BEARING NO.KA-34/Y-7828, R/O : JAGRUTHI NAGAR, COWL BAZAAR, BALLARI. 3. SRI. G UMAPATHI S/O DODDALINGAPPA AGE: 24 YEARS, OWNER OF THE MOTOR CYCLE BEARING NO. KA-34/Y-7828, R/O: NEAR MARIGAMMA TEMPLE, WARD NO.5, BALLARI. …RESPONDENTS (BY SRI. B.C. JNANAYYASWAMI, ADV FOR R1 NOTICE TO R2 IS SERVED AND R3 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED:06-04-2013 PASSED IN MVC NO.1188/2012 ON THE FILE OF MEMBER, MACT.NO.XII, BALLARI, AWARDING THE COMPENSATION OF RS.1,76,805/- WITH INTREST AT THE RATE OF 7% P.A., FROM THE DATE OF PETITION TILL DEPOSIT. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.12 16:39:52 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10872 MFA No. 23358 of 2013 THIS APPEAL, COMING ON FOR FINAL 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 by the insurance company challenging the judgment and award dated 06.04.2013 passed by M.A.C.T.-XII, Ballari, in M.V.C.No.1188/2012. 2. Brief facts leading rise to the filing of this appeal are as follows: On 20.08.2012, the claimant sustained injuries in the road traffic accident which occurred due to the rash and negligent riding of the rider of the motorcycle bearing registration No.KA-34/Y-7828. A criminal case was registered against the rider of the motorcycle. The Police, after investigation, filed a charge sheet against the rider of the motorcycle. The claimant filed a claim petition under Section 166 of M.V. Act seeking compensation for the injuries sustained by her in the road traffic accident. - 3 - HC-KAR NC: 2025:KHC-D:10872 MFA No. 23358 of 2013 3. The driver and the owner of the offending motorcycle did not file any statement of objections. The insurance company filed a statement of objections denying the averments made in the claim petition. It is contended that there was a delay in lodging the complaint and it is contended that the claimant has sustained injuries from the self induced fall, in the bus stop. Hence, the insurance company is not liable to pay the compensation as claimed by the claimant. Hence, he prayed to dismiss the claim petition against the insurance company. 4. The claimant to substantiate her case, examined herself as PW-1, examined the doctor as PW-2 and marked 7 documents as Exs.P-1 to P-7. In rebuttal, the insurance company examined its official as RW-1 and marked 1 document as Ex.R-1. 5. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part and held that the claimant is entitled to compensation of Rs.1,76,805/- along with interest at the rate of 7% p.a. - 4 - HC-KAR NC: 2025:KHC-D:10872 MFA No. 23358 of 2013 from the date of petition till the date of realisation and held the owner and the insurer of the offending vehicle, jointly and severally liable to pay the compensation and directed the insurance company to deposit the compensation amount within 30 days from the date of the order. The insurance company, being aggrieved by the judgment and award passed by the Tribunal, filed this appeal. 6. Heard the arguments of the learned counsel for the insurance company. None appears for the claimant. 7. Learned counsel for insurance company submits that the accident occurred on 20.08.2012 and a complaint was lodged on 23.08.2012. There is a contradiction in both, the complaint and the history of the belated complaint lodged. The said aspect was not properly considered by the Tribunal and further the compensation awarded by the Tribunal is exorbitant. Hence, on these grounds, he prays to allow the appeal. - 5 - HC-KAR NC: 2025:KHC-D:10872 MFA No. 23358 of 2013 8. Perused the records and considered the submissions of the learned counsel for the insurance company. 9. The point that would arise for consideration is about the liability. 10. There is no dispute that the claimant met with an accident on 20.08.2012 and he sustained injuries i.e., fracture of left femur and fracture of fibula and right tibia. The claimant took treatment at VIMS Hospital, Ballari. The claimant could not lodge the complaint immediately after the accident as she was under treatment. The claimant has explained the delay in lodging the complaint. The Police after investigation filed a charge sheet stating that the accident occurred due to the rash and negligent riding of the offending motorcycle. The claimant, to prove the disability examined the doctor as PW-2 who has opined that the petitioner has suffered permanent disability. The Tribunal considering the evidence of PW-2 and the documentary evidence, granted compensation of - 6 - HC-KAR NC: 2025:KHC-D:10872 MFA No. 23358 of 2013 Rs.1,76,805/-. Thus, the Tribunal was justified in recording its finding that the accident was occurred due to the rash and negligent riding of the rider of the motorcycle and rightly awarded the compensation. Hence, I do not find any error in the impugned judgment and award. Accordingly, I concur with the findings recorded by the Tribunal. 11. In view of the above discussion, I proceed to pass the following: ORDER (i) The Miscellaneous First Appeal is dismissed. (ii) The judgment and award dated 06.04.2013 passed by M.A.C.T.-XII, Ballari, in M.V.C.No.1188/2012 is hereby confirmed. (iii) No order as to costs. (iv) The amount in deposit and the trial Court records be transmitted to the Tribunal. Sd/- (ASHOK S. KINAGI) JUDGE NAA CT: BSB List No.: 1 Sl No.: 5