- 1 - HC-KAR NC: 2025:KHC-D:8657 MFA No. 24671 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 24671 OF 2013 (MV) BETWEEN: SRI. RAJASAB S/O JANGLISAB INGALAGONDI, AGE: 43 YEARS, OCC: BUSINESS, R/O: YATTINAHALLI M.K., TQ: HIREKERUR, DIST: HAVERI. … APPELLANT (BY SMT. RAJASHREE, ADVOCATE) AND: 1. SMT. KAMALAVVA W/O HANUMANTHAPPA MAVINATOP, AGE: 38 YEARS, OCC: HOUSEWIFE, R/O: DEEVIGIHALLI, TQ: HIREKERUR, DIST: HAVERI. 2. SRI. KIRAN S/O HANUMANTHAPPA MAVINATOP, AGE: 23 YEARS, OCC: AGRICULTURE, R/O: DEEVIGIHALLI, TQ: HIREKERUR, NOW AT HALAGERI, TQ : RANEBENNUR, DIST: HAVERI. 3. SMT. TARA W/O PRABHU KORIGOUDRA, AGE: 22 YEARS, OCC HOUSEWIFE, R/O: SUTTAKOTI, TQ: HIREKERUR, NOW AT HALAGERI, TQ: RANEBENNUR, DIST: HAVERI. 4. RAJABI W/O JANGLISAB INGALAGONDI, AGE: 63 YEARS, OCC: NIL, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8657 MFA No. 24671 of 2013 R/O: YATTINAHALLI M.K., TQ: HIREKERUR, DIST: HAVERI. … RESPONDENTS (BY SRI. M.H. PATIL, ADVOCATE FOR R1-R3; R4-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 02.04.2012 PASSED IN MVC NO.711/2010 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, RANEBENNUR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the appellant/owner of the Mahindra Maxi cab No.KA-27/4678 challenging the judgment and award dated 02.04.2012, passed by the Additional Senior Civil Judge and MACT, Ranebennur, in MVC No.711/2010, on the ground that there is also contributory negligence by the deceased. 2. Heard the arguments of learned counsels appearing for both the sides and perused the material placed before the Court. - 3 - HC-KAR NC: 2025:KHC-D:8657 MFA No. 24671 of 2013 3. For the purpose of convenience and easy reference, ranking of the parties is referred to as per their status before the trial Court. 4. Brief facts leading to filing of this appeal are that, on 30.11.2009 at about 2.30 p.m., the deceased was proceeding by riding his motorcycle bearing Reg.No.KA- 27/J-6697 with two pillion riders from Divigihalli to Haunsbhavi. When the deceased came near the land of Nijalingappa Kerudi of Haunsabhavi village on Haunsabhavi-Hirekerur road, at that time, the driver of the Mahindra Maxi Cab No.KA-27/4678 was driving the same in a rash and negligent manner and dashed to motorcycle from opposite side by coming wrong side(right side) and caused accident. Due to which, the rider and pillion riders of the motorcycle fell down on the road. As a result, father of petitioner Nos.2 and 3/respondents No.2 and 3 and husband of petitioner No.1 sustained fatal injuries. And one minor pillion rider died while going to hospital for treatment and another pillion rider sustained injuries. - 4 - HC-KAR NC: 2025:KHC-D:8657 MFA No. 24671 of 2013 Immediately, the deceased-Hanumantappa was shifted to Government Hospital, Hirekerur, then as per advice of the doctors, he was shifted to C.G. Hospital, Davangere for treatment and he died at the Hospital. 5. The Tribunal while awarding compensation has determined that the accident is caused entirely due to the rash and negligent driving of the driver of Mahindra Maxi Cab. Exs.P1 and P2 are the FIR and complaint. Ex.P3-spot panchanama and Ex.P7-chargesheet proves the fact that the entire allegation is against the driver of Mahindra Maxi Cab to cause accident by rash and negligent driving of the Mahindra Maxi Cab. There is no contra evidence by the appellant/owner of Mahindra Maxi Cab before Tribunal to prove that the driver of Mahindra Maxi Cab was not rash and negligent in driving the Mahindra Maxi cab. Therefore, the claimant has proved on producing the evidence as discussed above coupled with oral evidence of PW-1 that the accident is caused entirely due to the rash and negligent driving of the Mahindra Maxi Cab. Therefore, the - 5 - HC-KAR NC: 2025:KHC-D:8657 MFA No. 24671 of 2013 Tribunal has correctly appreciated evidence on record and correctly held that there is no contributory negligence by the deceased. Therefore, the appeal is liable to be dismissed. Accordingly, the appeal is dismissed. 6. Amount in deposit, if any, shall be transmitted to the Tribunal. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM CT:BCK LIST NO.: 1 SL NO.: 130