- 1 - HC-KAR NC: 2025:KHC-D:7753-DB MFA No. 103609 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND MISCELLANEOUS FIRST APPEAL NO.103609 OF 2023 (MV-D) BETWEEN: 1. SMT. LAXMI SURESH ACHARI W/O SURESH ACHARI, AGE: 49 YEARS, 2. SHRI. SURESH VAMAN ACHARI S/O VAMAN ACHARI, AGE: 59 YEARS, 3. SHRI. GOPALKRISHNA ACHARI S/O SURESH ACHARI, AGE: 31 YEARS, 4. SHRI. PAVAN SURESH ACHARI S/O SURESH ACHARI, AGE: 25 YEARS, ALL ARE R/O. GUDDEMANE, MAVINKURVA VILLAGE, HONNAVAR TALUK, DIST. UTTARA KANNADA-577419. - APPELLANTS (BY SRI. B.S. SANGATI, ADVOCATE) AND: 1. SHRI. BHASKAR GOPAL ACHARI S/O GOPAL ACHARI, AGED BOUT 50 YEARS, R/O. GUDDEMANE, MAVINKURVA VILLAGE, HONNAVAR TALUK, DIST. UTTARA KANNADA-577419. 2. BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE HONNAVAR, HONNAVAR TALUKA, DIST. UTTARA KANNADA-577419. - RESPONDENTS (BY SRI. SUBHASH J. BADDI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.07.03 11:43:18 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7753-DB MFA No. 103609 of 2023 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 12.04.2023 PASSED IN M.V.C. NO. 398/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, AT HONNAVAR, DISMISSING THE PETITION FILED UNDER SECTION 166 OF MOTOR VEHICLES ACT, 1988 & ETC. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) This miscellaneous first appeal has been filed by the claimants aggrieved by the dismissal of the claim petition. The claim petition was filed u/S 166 of the M.V. Act and therefore the Motor Accident Claims Tribunal held that it is the burden of the petitioners to prove that deceased met with an accident which was caused due to the rash and negligent act on the part of the opposite party. This is a case where the Tribunal has found that in the criminal case, charges were leveled against driver of an unknown vehicle and therefore it would not be permissible for the - 3 - HC-KAR NC: 2025:KHC-D:7753-DB MFA No. 103609 of 2023 petitioners to contend that that the accident occurred due to the rash and negligent driving of the other vehicle. 2. Learned counsel for the appellants would therefore submit that the claim petition should have been filed u/S 163-A of the M.V. Act where, in terms of sub Section (2) of the said provision claimants are not required to plead or establish that the death or permanent disability in respect of which the claim has been made was due to any wrongful act or negligence or default of the owner of the other vehicle. 3. Accepting the submission of the learned counsel for the appellant the miscellaneous first appeal stands disposed of reserving liberty to the petitioners to convert the claim petition as one under Section 163-A of the unamended Act. The appeal stands remitted accordingly. The learned Senior Civil Judge, JMFC & AMACT at Honnavar is directed to permit the claimants to convert - 4 - HC-KAR NC: 2025:KHC-D:7753-DB MFA No. 103609 of 2023 the petition as one u/S 163-A of the M.V. Act and rehear the petition. Liberty is also given to the petitioners to implead the insurer of the motorcycle in which the deceased was a pillion rider. In case the claimants succeed, they will be entitled for payment of interest only from the date of conversion of the petition as directed by this Court. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE BVV CT:VP LIST NO.: 1 SL NO.: 15 - 5 - HC-KAR NC: 2025:KHC-D:7753-DB MFA No. 103609 of 2023 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [SMT LAXMI SURESH ACHARI W/O SURESH ACHARI AND OTHERS VS. SHRI BHASKAR GOPAL ACHARI S/O GOPAL ACHARI AND ANOTHER] 30.06.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE R.DEVDAS and HON'BLE MR JUSTICE K V ARAVIND ORAL ORDER ON BEING SPOKEN TO (PER: HON'BLE MR JUSTICE R.DEVDAS) Though this appeal was disposed of on 18.06.2025, learned counsel for the appellants has moved a memo for ‘being spoken to’, while referring to a typographical error in paragraphs 3 and 4. Learned counsel submits that the petition is sought to be converted from Section 166 to 164 of the new M.V.Act and not 163-A of the unamended M.V.Act. Learned counsel for the respondent would also submit that while opportunity is granted to the appellants to seek conversion of the claim petition under Section 166 to 164 of the M.V.Act, liberty should be given to the respondent to raise an objection. - 6 - HC-KAR NC: 2025:KHC-D:7753-DB MFA No. 103609 of 2023 The submission of the learned counsel on both sides are accepted. Accordingly the following changes. The appellants are permitted to convert the claim petition under Section 164 of the new M.V.Act and not 163-A of the unamended M.V.Act. Liberty is also given to the respondent to raise an objection to the claim petition. This order shall form part of the judgment dated 18.06.2025. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE MBS List No.: 1 Sl No.: 1