- 1 - HC-KAR NC: 2025:KHC-D:7845 MFA No. 24303 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 24303 OF 2012 (MV-I) BETWEEN: THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, BELLARY, REPRESENTED THROUGH ITS REGIONAL OFFICE, SUMANGALA COMPLEX, II FLOOR, LAMINGTON ROAD, HUBLI, REP. BY ITS ASSISTANT MANAGER. … APPELLANT (BY SRI. N.R. KUPPELUR, ADVOCATE) AND: 1. SRI. KARIYAPPA S/O HANUMAPPA WALIKAR, AGE: 44 YEARS, OCC: WATERMAN AND AGRICULTURIST, R/O: BILAGI VILLAGE, TQ: KUSHTAGI, DIST: KOPPAL. 2. SRI. KARISIDDAPPA S/O MALLAPPA LANGATAD, AGE: 28 YEARS, OCC: BUSINESS, R/O: NANDINI MILK AGENCY, MAIN ROAD, HANUMASAGAR, TQ: KUSHTAGI, DIST: KOPPAL, OWNER OF THE MOTORCYCLE NO.KA-37/L-4944. 3. KALLAPPA S/O MALLAPPA LANGATAD, AGE: 36 YEARS, OCC: BUSINESS, R/O: HANUMASAGAR, TQ: KUSHTAGI, DIST: KOPPAL, DRIVER OF THE MOTORCYCLE NO.KA-37/L-4944. … RESPONDENTS (BY SRI. A.B. PATIL, ADVOCATE FOR R1; R2 AND R3-SERVED) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7845 MFA No. 24303 of 2012 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED: 13-04- 2012 PASSED IN MVC NO.512/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, YELBURGA, SITTING AT KUSHTAGI. 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/insurance company challenging the judgment and award dated 13.04.2012, passed by Senior Civil Judge and Additional MACT, Yelburga, sitting at Kushtagi (hereinafter referred to as the ‘Tribunal’) in MVC No.512/2008, thereby, the Tribunal has awarded compensation by fastening liability on the insurance company. 2. It is the case of the claimant/respondent No.1 herein that on 31.07.2007, the claimant came to Hanumsagar on his bike bearing Reg.No.KA-37/R-8120 and while returning after his work at about 01.45 p.m., when the claimant was near Shivappa Hunshal land at Munneral PW road, at that time, another motorcycle bearing Reg.No.KA-37/L-4944 driven by respondent No.3 - 3 - HC-KAR NC: 2025:KHC-D:7845 MFA No. 24303 of 2012 with high speed and in a rash and negligent manner and dashed the claimant’s motorcycle. Therefore, claimant suffered grievous injuries and immediately admitted to the hospital. Hence, upon the claim petition filed by the claimant, the tribunal has awarded compensation by holding that the rider of motorcycle bearing Reg.No.KA- 37/L-4144 has caused accident due to his rash and negligent riding of the said vehicle. 3. Being aggrieved by the judgment and award passed by the Tribunal, the insurance company has preferred the appeal and raised ground that the motorcycle bearing Reg.No.KA-37/L-4944 was falsely implicated in this case and learned counsel for appellant in consonance with the grounds urged, has argued that the claimant himself was in a drunken condition, after consumption of alcohol was riding his motorcycle bearing Reg.No.KA-37/R-8120 and had fallen on the road and sustained injuries, which is fortified by the complaint- Ex.P1 given by his own brother-PW2. Therefore, the - 4 - HC-KAR NC: 2025:KHC-D:7845 MFA No. 24303 of 2012 accident is self negligence of the claimant but later on, it was converted into as if, the accident is caused by the rider of motorcycle bearing Reg.No.KA-37/L-4944. Thus, this motorcycle bearing Reg.No.KA-37/L-4944 was falsely implicated into the case. Therefore, prays to allow the appeal and set aside the judgment and award passed by the Tribunal. 4. On the other hand, learned counsel for respondent/claimant justified the judgment and award passed by the Tribunal. 5. It is the case of the claimant that, he was riding motorcycle bearing Reg.No.KA-37/R-8120 but rider of the another motorcycle bearing Reg.No.KA-37/L-4944, driving the said motorcycle with high speed and dashed the claimant’s motorcycle and thus, the claimant had sustained injuries. This is the case made out in the claim petition by the claimant. But upon perusing the Ex.P1- complaint lodged by own brother of the claimant that the - 5 - HC-KAR NC: 2025:KHC-D:7845 MFA No. 24303 of 2012 claimant is his elder brother and while he was returning from motorcycle, had consumed alcohol and under the influence of alcohol and in a drunken condition, while he was riding motorcycle, he fell on the road and sustained injuries. Ex.P-1 is the complaint lodged by the brother of the claimant, who is also examined as PW2. Accordingly, complaint and FIR was registered against the claimant himself. PW-2 is brother of the claimant, he has given evidence as PW-2 stating that the rider of motorcycle bearing Reg.No.KA-37/L-4944 has dashed the claimant’s motorcycle, but upon considering the complaint and FIR lodged at a very initial point of time and at undisputed point of time, PW-2 while lodging complaint before police, had complained against the claimant himself that due to the own negligence of the claimant while he was riding motorcycle in a drunken condition after consuming alcohol, had fallen and sustained injuries. Therefore, this complaint and FIR falsifies the case of the claimant. The claimant has not produced in-patient record either from the Karadi - 6 - HC-KAR NC: 2025:KHC-D:7845 MFA No. 24303 of 2012 hospital, Bagalkot or from SDM hospital, Dharwad. If the claimant has produced the in-patient record, then, it would have been reflected in the said in-patient record, under what condition the claimant was admitted to the hospital but the claimant has withheld the said vital document before the Tribunal. Just because chargesheet is filed against the rider of motorcycle bearing Reg.No.KA-37/L- 4944 that is not the truth but soon after the accident, the claimant was admitted to the hospital and immediately at undisputed point of time, what the claimant or the complainant in lodging complaint before police plays important role in deciding the case. In the present case, at undisputed and at earliest point of time, when complaint was lodged and FIR is registered by the PW2, it is complaint against the claimant himself that he has consumed alcohol and while he was riding motorcycle, had fallen on the road and sustained injuries. Therefore, it is self-fall from the bike and sustained injuries. This earlier document falsifies the oral evidence deposed by - 7 - HC-KAR NC: 2025:KHC-D:7845 MFA No. 24303 of 2012 PWs.1 to 3. Therefore, the evidence of PWs.1 to 3 is proved to be disbelievable. In this regard, the Tribunal just swayed away by the chargesheet which is not correct as it is foremost approach in appreciating evidence on record. Therefore, the Tribunal has committed error in entertaining the claim petition and awarding compensation. Therefore, the judgment and award passed by the Tribunal is liable to be set aside. Accordingly, the appeal is allowed. 6. Hence, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The judgment and award dated 13.04.2012, passed by Senior Civil Judge and Additional MACT, Yelburga, sitting at Kushtagi in MVC No.512/2008 is set aside. Consequently, the claim petition is dismissed. - 8 - HC-KAR NC: 2025:KHC-D:7845 MFA No. 24303 of 2012 iii. The amount in deposit shall be refunded to the appellant/insurance company. iv. Registry to transmit the TCR to the Tribunal forthwith. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 1 Sl No.: 64