- 1 - NC: 2025:KHC-D:282 MFA No. 25306 of 2011 C/W MFA.CROB No. 100169 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.25306 OF 2011 (MV-D) C/W MFA CROSS OBJ NO.100169 OF 2015 IN MFA NO.25306 OF 2011 BETWEEN: THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, PARVATHI NAGAR, BELLARY, REPRESENTED BY ITS DIVISIONAL MANAGER, THE NATIONAL INSURANCE COMPANY LTD., 2ND FLOOR, SUJATA COMPLEX, OPPOSITE TO GLASS HOUSE, HUBLI, DIST: DHARWAD, NOW R/BY ITS ADMIN OFFICER. …APPELLANT (BY SRI S.K. KAYAKAMATH, ADVOCATE) AND: 1. SMT. JULEKHA W/O. LATE BUDEN SAB AGE: 61 YEARS, 2. SMT. JUBEDHA W/O. LATE MANSOORALI KHAN, AGE: 30 YEARS, 3. MINOR ANJU D/O. LATE MANSOORALI KHAN, AGE: 13 YEARS, 4. MINOR ROSHAN JAMEER S/O. LATE MANSOORALI KHA, AGE: 11 YEARS, 5. MINOR AYAZ S/O. LATE MANSOORALI KHAN, AGE: 05 YEARS, SINCE PETITIONER NO.3 TO 5 ARE Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:282 MFA No. 25306 of 2011 C/W MFA.CROB No. 100169 of 2015 MINORS REPRESENTED BY THEIR MOTHER NATURAL GUARDIAN SMT. JUBEDHA W/O. LATE MANSOORALI KHAN, ALL ARE RESIDENTS OF RAMPUR VILLAGE, MOLAKALMUR TALUK, CHITRADURGA DISTRICT. 6. SRI LINGANA GOUDA B.IYYANAGOUDA S/O. BASAVANA GOUDA, AGE: 32 YEARS, OCC: DRIVER CUM OWNER OF TEMPO TRAX THOOFAN BEARING REG.NO.KA-26/7088, R/O. BELAHODA VILLAGE, PRESENTLY RESIDING AT SARATUR VILLAGE, GADAG TALUK AND DISTRICT. …RESPONDENTS (BY SRI MANJUNATHA G.PATIL, ADVOCATE FOR C/R1, R2 TO R5; SRI M.H. PATIL, ADVOCATE FOR R6) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 22.02.2011, PASSED IN M.V.C. NO.990/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST TACK COURT-I, MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-IX, BELLARY, IN MFA CROB. NO.100169 OF 2015 BETWEEN: 1. SMT. JULEKHA BI W/O. LATE. BUDEN SAB, AGE: 64 YEARS, OCC: HOUSE WIFE, 2. SMT. JUBEDHA BI W/O. LATE MANSOORALI KHAN, AGE: 35 YEARS, 3. MINOR ANJU D/O. LATE MANSOORALI KHAN, AGE: 16 YEARS, 4. MINOR ROSHAN JAMMER S/O. LATE. MANSOORALI KHAN, AGE: 14 YEARS, - 3 - NC: 2025:KHC-D:282 MFA No. 25306 of 2011 C/W MFA.CROB No. 100169 of 2015 5. MINOR AYAZ S/O. LATE MANSOORALI KHAN, AGE: 08 YEARS, SINCE, THE CROSS OBJECTORS NO.3 TO 5 ARE THE MINOR REP. BY HIS MOTHER AND NATURAL GUARDIAN SMT. JUBEDHA BI W/O. LATE. MANSOORALI KHAN ALL ARE R/O. RAMPUR-VILLAGE, MOLAKALMUR-TQ CHITRADURGA-DISTRICT, NOW R/O. APMC YARD, BENAGALURU ROAD, BALLARI. …CROSS OBJECTORS (BY SRI MANJUNATHA G.PATIL, ADVOCATE) AND: 1. SRI LINGANAGOUDA B.IYYANAGOUDA S/O. BASAVANGOUDA, AGE: 35 YEARS, OCC: DRIVER CUM OWNER OF THE TEMPO TRAX TOOFAN BEARING REG NO.KA.26/7088, R/O. BELAHODA VILLAGE, PRESENTLY RESIDING AT SARATUR VILLAGE, IN GADAG TALUK AND DISTRICT. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, PARVATHI NAGAR, BELLARI. …RESPONDENTS (BY SRI M.H. PATIL, ADVOCATE FOR R1; SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2) THIS CROSS OBJECTION IS FILED IN MFA NO.25306/2011 UNDER ORDER 41 RULE 22 OF CPC 1908, PRAYS TO, ENHANCE THE COMPENSATION FROM RS.5,55,900/- TO RS.15,00,000/- IN MVC.NO.990/2010 DATED 22.02.2011, ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-IX AT BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY. THESE MISCELLANEOUS FIRST APPEAL AND CROSS OBJECTION, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 4 - NC: 2025:KHC-D:282 MFA No. 25306 of 2011 C/W MFA.CROB No. 100169 of 2015 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) MFA No.25306/2011 is filed by the Insurance Company challenging the judgment and award dated 22.02.2011 passed in MVC No.990/2010 on the file of Motor Accident Claims Tribunal-IX, Bellary, thereby challenging the order dated 30.09.2011 passed in M.C.No.24/2011 on the file of Motor Accident Claims Tribunal, Bellary, by raising ground that the offending vehicle in the claim petition is falsely implicated in the case just to make claim of compensation. 2. MFA Crob.No.100169/2015 is filed by the claimants challenging the judgment and award dated 22.02.2011 passed in MVC No.990/2010 on the file of Motor Accident Claims Tribunal-IX, Bellary, seeking enhancement of compensation. 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. - 5 - NC: 2025:KHC-D:282 MFA No. 25306 of 2011 C/W MFA.CROB No. 100169 of 2015 4. Heard the arguments from both the learned counsels appearing for the parties and perused the records. 5. It is the case of the claimants that the deceased/Mansoorali Khan met with accident on 09.05.2010 at morning 2.15 a.m. due to hit by a Tempo Trax Tufan bearing Reg.No.KA-26/7088. On 09.05.2010 at morning 11.00 a.m. brothers of the deceased have lodged complaint before the police stating that some unknown vehicle has dashed to the deceased and caused accident and in the said accident deceased died. 6. The Tribunal after considering the evidence on record has allowed the claim petition by granting compensation under various heads as follows: Sl. No. Heads Amount 1. Loss of dependency Rs.5,18,400/- 2. Loss of consortium Rs.10,000/- 3. Loss of love and affection Rs.10,000/- 4. Loss of estate Rs.10,000/- 5. Funeral expenses Rs.7,500/- Total Rs.5,55,900/- - 6 - NC: 2025:KHC-D:282 MFA No. 25306 of 2011 C/W MFA.CROB No. 100169 of 2015 7. Learned counsel for the appellant/Insurance Company submitted that there is no evidence to show how the offending vehicle Tempo Trax Tufan bearing Reg.No.KA- 26/7088 was involved in the accident as the complaint is lodged against the offending vehicle and after 35 days only on 13.06.2010 after recording further statement of the complainant, the vehicle and accused have been identified and therefore this does not inspire confidence of the Court regarding involvement of the Tempo Trax Tufan bearing Reg.No.KA-26/7088 in the accident. Therefore, submitted that there is false implication of the Tempo Trax Tufan bearing Reg.No.KA-26/7088 in the case just to claim compensation against the appellant/Insurance Company. 8. Upon considering the evidence led before the Tribunal, Ex.P-2 is the charge sheet. The claimant has produced only a single sheet of charge sheet by which it is not proved that how the police came to know about involvement of Tempo Trax Tufan bearing Reg.No.KA- 26/7088 in the accident. Ex.P-7 is the further statement recorded by the police/investigating officer of the - 7 - NC: 2025:KHC-D:282 MFA No. 25306 of 2011 C/W MFA.CROB No. 100169 of 2015 complainant, but the complainant has given statement that he has identified the accused in the police station of which the accused was brought by the police to the police station. But basically during the course of investigation of the police, the police were not knowing regarding involvement of Tempo Trax Tufan bearing Reg.No.KA-26/7088 in the case. In this regard there is no evidence found as to how the police came to know that Tempo Trax Tufan is involved in the accident. The claimant also has not produced entire copy of charge sheet also the police/investigating officer has not been examined to prove how this vehicle was identified during the course of investigation. Therefore, it is just and proper to remand the case to Tribunal for fresh consideration by giving liberty to both the sides to adduce further evidence in this regard. Hence, I.A.No.1/2024 is filed by the appellant for production of additional evidence is hereby allowed and additional evidence are considered while considering main matter. Regarding this, trial is required to lead further evidence by both the sides. Therefore, it is appropriate to remand the case to the Tribunal for fresh consideration. After receiving evidence in proving the aspect on how the police - 8 - NC: 2025:KHC-D:282 MFA No. 25306 of 2011 C/W MFA.CROB No. 100169 of 2015 have investigated involvement of the Tempo Trax Tufan bearing Reg.No.KA-26/7088. Therefore, the judgment and award passed by the Tribunal is set aside and remanded the matter to the Tribunal to pass appropriate order after receiving further evidence, in accordance with law. 9. Hence, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The judgment and award dated 22.02.2011 passed in MVC No.990/2010 on the file of Motor Accident Claims Tribunal-IX, Bellary, is hereby set aside. iii. The matter is remanded to the Tribunal for fresh consideration. iv. All the contentions of the parties are left open. v. The parties shall appear before the Tribunal on 05.02.2025 without expecting any notice from the Tribunal. vi. The Tribunal is directed to dispose of the case within three months from 05.02.2025. - 9 - NC: 2025:KHC-D:282 MFA No. 25306 of 2011 C/W MFA.CROB No. 100169 of 2015 vii. Both the parties are given liberty to lead further additional evidence if they are so advised either oral, documentary or both. viii. Amount in deposit made by the Insurance Company shall be refunded to the Insurance Company. ix. No order as to costs. x. Pending IAs’ if any, do not survive for consideration. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 2 Sl No.: 46