- 1 - HC-KAR NC: 2025:KHC-D:10199 MFA No. 25029 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 25029 OF 2012 (MV-I) BETWEEN: RAJU @ RAMAPPA S/O. SHIVAPPA LAMANI AGE: 32 YEARS, OCC: NOW NIL R/O. YALLAMMANAGUDDA TANDE TQ: SAUNDATTI, DIST: BELAGAVI. …APPELLANT (BY SMT. SHAILA.BELLIKATTI, ADV) AND: 1. SHRI. BHIMASHI S/O. MAHADEVAPPA ROGI AGE: MAJOR, OCC: AGRICULTURE R/O. UGARGOL VILLAGE, TQ: SAUNDATTI DIST: BELAGAVI (OWNER OF APE RICKSHAW BEARING NO.KA-30/7910) 2. NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, APMC YARD SAUNDATTI TQ: SAUNDATTI, DIST: BELAGAVI THROUGH THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, RAMDEV GALLI, BELAGAVI, DIST.BELAGAVI (INSURER OF APE RICKSHAW BEARING NO.KA-30/7910) …RESPONDENTS (BY SRI. D.B. KARIGAR, ADV FOR R1 SRI. S.K. KAYAKAMATH, ADV FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:17-07-2012 PASSED IN MVC NO.694/2010 ON THE FILE OF SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, SAUNDATTI, DISMISSING THE PETITION FILED U/SEC.166 OF MV ACT. 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 MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.22 12:56:45 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10199 MFA No. 25029 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘M.V.Act, 1988” for short) by the appellant-claimant, challenging the judgment and award dated 17.07.2012 passed in MVC No.694/2010 by the learned Senior Civil Judge, and Additional MACT, Saundatti. 2. For convenience, the parties are referred to, based on their rankings before the Tribunal. 3. Brief facts, leading rise to the filing of this appeal, are as follows: 4. On 25.01.2010, in the morning, the petitioner was moving towards the field of one Shivappa Arjunappa Lamani, within the village limits of Haralapur, to feed the water, and was moving from Yallammanagudda along with one Parashuram Ramappa Lamani. At about 9.30 a.m., an Ape Rickshaw bearing Reg.No.KA-30/7910 driven by its - 3 - HC-KAR NC: 2025:KHC-D:10199 MFA No. 25029 of 2012 driver, in a rash and negligent manner came from the opposite direction, and dashed to the petitioner. As a result, the petitioner sustained injuries all over his body. He took the treatment, and spent a huge amount towards medical expenses. Hence, he filed the claim petition under Section 166 of the M.V.Act, seeking compensation. 5. Respondent No.1 filed a statement of objections denying the averments made in the claim petition. It is contended that the accident has not taken place due to rash and negligent driving of the driver of the offending vehicle, and accordingly, prays to dismiss the claim petition against respondent No.1. 6. Respondent No.2-Insurance Company filed a statement of objections denying the averments made in the claim petition. It is contended that, as of the date of the accident, the offending vehicle was not insured with the Insurance Company, and the driver of the offending vehicle did not have a valid and effective driving license as - 4 - HC-KAR NC: 2025:KHC-D:10199 MFA No. 25029 of 2012 of the date of the accident. Therefore, the Insurance Company is not liable to pay the compensation amount to the claimant. Hence, he prays to dismiss the claim petition. 7. The Tribunal, based on the pleadings of the parties, framed the relevant issues. 8. The petitioner, to substantiate his case, examined himself as P.W.1, examined two witnesses as P.Ws.2 and 3, and marked 37 documents as Exs.P1 to P37. On the other hand, respondent No.1 was examined as R.W.1, and marked 1 document as R1. The Tribunal, after assessing the verbal and the documentary evidence, dismissed the claim petition vide judgment dated 17.07.2012. The appellant-claimant, aggrieved by the judgment and award passed in MVC No.694/2010, filed this Miscellaneous First Appeal. - 5 - HC-KAR NC: 2025:KHC-D:10199 MFA No. 25029 of 2012 9. Heard the learned counsel for the appellant- claimant, and the learned counsel for respondent Nos.1 and 2. 10. Learned counsel for the petitioner submits that the accident occurred due to the rash and negligent driving of the offending vehicle by its driver. She submits that the charge sheet was filed against the driver, which is marked as Ex.P7. The Tribunal committed an error in dismissing the claim petition. She submits that the finding recorded by the Tribunal is contrary to the records. Hence, on these grounds, she prays to allow the appeal. 11. Per contra, learned counsel for the respondents support, the impugned judgment and award passed by the Tribunal. Accordingly, prays to dismiss the appeal. 12. Perused the records, and considered the submission of the learned counsel for the parties. The point, that would arise for my consideration in this appeal is: - 6 - HC-KAR NC: 2025:KHC-D:10199 MFA No. 25029 of 2012 i) Whether the appellant-claimant has made out a ground to interfere with the impugned judgment and award passed by the Tribunal? Reg.Point No.(i): 13. Though, the petitioner has contended that the petitioner met with an accident, sustained injuries all over the body, and that the accident occurred due to rash and negligent driving of the driver of the offending vehicle be, produced the charge sheet. However, the Tribunal, considering the evidence available on record, has recorded its finding in paragraphs 16, 17 and 18 that the petitioner has failed to establish that he has sustained injuries, due to the rash and negligent driving of the driver of the offending vehicle. The Tribunal has assigned detailed reasons for dismissing the claim petition. The Tribunal has considered the admission of P.W.1 in the course of his cross-examination, and has reproduced the admission of - 7 - HC-KAR NC: 2025:KHC-D:10199 MFA No. 25029 of 2012 P.W.1 in paragraph 15 of its judgment which reads as follows: "D ¢£À £ÁªÀÅ JªÀiï 80 ªÁºÀ£ÀzÀ°è gÀ¸ÉÛ E½eÁgÀÄ "D ¢£À £ÁªÀÅ JªÀiï 80 ªÁºÀ£ÀzÀ°è gÀ¸ÉÛ E½eÁgÀÄ "D ¢£À £ÁªÀÅ JªÀiï 80 ªÁºÀ£ÀzÀ°è gÀ¸ÉÛ E½eÁgÀÄ "D ¢£À £ÁªÀÅ JªÀiï 80 ªÁºÀ£ÀzÀ°è gÀ¸ÉÛ E½eÁgÀÄ EzÀÄÝzÀjAzÀ ¥ÉmÉÆæÃ®Ä G½¸À®Ä UÁr D¥sï EzÀÄÝzÀjAzÀ ¥ÉmÉÆæÃ®Ä G½¸À®Ä UÁr D¥sï EzÀÄÝzÀjAzÀ ¥ÉmÉÆæÃ®Ä G½¸À®Ä UÁr D¥sï EzÀÄÝzÀjAzÀ ¥ÉmÉÆæÃ®Ä G½¸À®Ä UÁr D¥sï ªÀiÁrPÉÆAqÀÄ ºÉÆÃUÀÄwÛzÉ ªÀiÁrPÉÆAqÀÄ ºÉÆÃUÀÄwÛzÉ ªÀiÁrPÉÆAqÀÄ ºÉÆÃUÀÄwÛzÉ ªÀiÁrPÉÆAqÀÄ ºÉÆÃUÀÄwÛzÉݪÀÅ JAzÀgÉ ¸ÀjAiÀÄ®è. £ÀªÀÄä ݪÀÅ JAzÀgÉ ¸ÀjAiÀÄ®è. £ÀªÀÄä ݪÀÅ JAzÀgÉ ¸ÀjAiÀÄ®è. £ÀªÀÄä ݪÀÅ JAzÀgÉ ¸ÀjAiÀÄ®è. £ÀªÀÄä eÉÆvÉ UÉƧâgÀzÀ aî EvÉÛAzÀgÉ ¸Àj. ªÁºÀ£ÀªÀ£ÀÄß eÉÆvÉ UÉƧâgÀzÀ aî EvÉÛAzÀgÉ ¸Àj. ªÁºÀ£ÀªÀ£ÀÄß eÉÆvÉ UÉƧâgÀzÀ aî EvÉÛAzÀgÉ ¸Àj. ªÁºÀ£ÀªÀ£ÀÄß eÉÆvÉ UÉƧâgÀzÀ aî EvÉÛAzÀgÉ ¸Àj. ªÁºÀ£ÀªÀ£ÀÄß ²ªÀ¥Àà ®ªÀiÁt ZÀ¯Á¬Ä¸ÀÄwÛzÀÝ. £À£Àß ªÁºÀ£ÀPÉÌ £ÀA§gÀ ²ªÀ¥Àà ®ªÀiÁt ZÀ¯Á¬Ä¸ÀÄwÛzÀÝ. £À£Àß ªÁºÀ£ÀPÉÌ £ÀA§gÀ ²ªÀ¥Àà ®ªÀiÁt ZÀ¯Á¬Ä¸ÀÄwÛzÀÝ. £À£Àß ªÁºÀ£ÀPÉÌ £ÀA§gÀ ²ªÀ¥Àà ®ªÀiÁt ZÀ¯Á¬Ä¸ÀÄwÛzÀÝ. £À£Àß ªÁºÀ£ÀPÉÌ £ÀA§gÀ ¥ÉèÃmï EgÀ°®è JAzÀgÉ ¸ÀjAiÀÄ®è. CzÀÄ £À£Àß vÀªÀÄä ¥ÉèÃmï EgÀ°®è JAzÀgÉ ¸ÀjAiÀÄ®è. CzÀÄ £À£Àß vÀªÀÄä ¥ÉèÃmï EgÀ°®è JAzÀgÉ ¸ÀjAiÀÄ®è. CzÀÄ £À£Àß vÀªÀÄä ¥ÉèÃmï EgÀ°®è JAzÀgÉ ¸ÀjAiÀÄ®è. CzÀÄ £À£Àß vÀªÀÄä ¥ÀgÀ±ÀÄgÁªÀÄ ®ªÀiÁt ºÉ¸Àj£À°èzÉ. £À£Àß vÀªÀÄä¤UÉ ªÁºÀ£À ¥ÀgÀ±ÀÄgÁªÀÄ ®ªÀiÁt ºÉ¸Àj£À°èzÉ. £À£Àß vÀªÀÄä¤UÉ ªÁºÀ£À ¥ÀgÀ±ÀÄgÁªÀÄ ®ªÀiÁt ºÉ¸Àj£À°èzÉ. £À£Àß vÀªÀÄä¤UÉ ªÁºÀ£À ¥ÀgÀ±ÀÄgÁªÀÄ ®ªÀiÁt ºÉ¸Àj£À°èzÉ. £À£Àß vÀªÀÄä¤UÉ ªÁºÀ£À ZÀ¯Á£Á ¥ÀgÀª ZÀ¯Á£Á ¥ÀgÀª ZÀ¯Á£Á ¥ÀgÀª ZÀ¯Á£Á ¥ÀgÀªÁ¤UÉ ªÀÄvÀÄÛ ªÁºÀ£ÀPÉÌ «ªÉÄ EgÀ°®è Á¤UÉ ªÀÄvÀÄÛ ªÁºÀ£ÀPÉÌ «ªÉÄ EgÀ°®è Á¤UÉ ªÀÄvÀÄÛ ªÁºÀ£ÀPÉÌ «ªÉÄ EgÀ°®è Á¤UÉ ªÀÄvÀÄÛ ªÁºÀ£ÀPÉÌ «ªÉÄ EgÀ°®è JAzÀgÉ ¸ÀjAiÀÄ®è." JAzÀgÉ ¸ÀjAiÀÄ®è." JAzÀgÉ ¸ÀjAiÀÄ®è." JAzÀgÉ ¸ÀjAiÀÄ®è." 14. The Tribunal was justified in passing the impugned judgment and award. I do not find any error in the impugned judgment and award. 15. In view of the above discussion, point No.(i) is answered in the negative, and accordingly, I proceed to pass the following order: ORDER i) The Appeal is dismissed. ii) The judgment and award dated 17.07.2012 passed in MVC No.694/2010 by the learned - 8 - HC-KAR NC: 2025:KHC-D:10199 MFA No. 25029 of 2012 Senior Civil Judge and Additional MACT, Saundatti, is hereby confirmed. No order as to the costs. Sd/- (ASHOK S. KINAGI) JUDGE MBS CT: BSB List No.: 1 Sl No.: 2