- 1 - HC-KAR NC: 2025:KHC-D:8911 MFA No. 21546 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 21546 OF 2012 (MV-D) BETWEEN: THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., SUJATHA COMPLEX, OPPOSITE INDIRA GLASS HOUSE, HOSUR, HUBBALLI, (POLICY NO.602506/31/08/6200000050) NOW REPRESENTED BY ITS ADM. OFFICER, REGIONAL OFFICE, SUJATHA COMPLEX, P.B. ROAD, HUBBALLI. … APPELLANT (BY SRI. SURESH S. GUNDI, ADVOCATE) AND: 1. KASHAVVA W/O SURESH @ SHIVARAJ MANE, AGE: 25 YEARS, OCC: HOUSE WIFE, R/O: NAVALUR, TQ: AND DIST: DHARWAD. 2. PARAVVA W/O MAHADEVAPPA MANE, SINCE RESPONDENT NO. 2 DIED ON 22/04/2012, THE RESPONDENT NO. 1 IS THE LR.S OF RESPONDENT NO.2 WHO IS ALREADY ON RECORD. 3. PUNDALIK S/O FAKIRAPPA TALWAR, AGE: 35 YEARS, OCC: OWNER OF THE MOTOR CYCLE NO. KA-25/X-9586, R/O: NAVALUR CHAVANI, TQ: AND DIST: DHARWAD. … RESPONDENTS (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE FOR R3; SMT. SHAILA BELLIKATTI, ADVOCATE FOR R1; R1 IS THE LR’S OF DECEASED R2 AS PER DATED 06.01.2024) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8911 MFA No. 21546 of 2012 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED: 30-11- 2011 PASSED IN M.V.C. NO.138/2009 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND M.A.C.T., DHARWAD. 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 Miscellaneous First Appeal is filed by the Insurance Company challenging the judgment and award dated 30.11.2011 passed in MVC No.138/2009 on the file of III Additional Senior Civil Judge and MACT, Dharwad (for short, ‘the Tribunal’), questioning the liability fastened on it to pay compensation on the ground that engine number and chassis number found on the motorcycle are different in the insurance policy. 2. It is admitted that the engine number and chassis number found on the motorcycle are different in the insurance policy. This is the reason stated that the motorcycle is falsely implicated. But the registration number of motorcycle is same as shown in the insurance policy. Initially the complaint is registered as hit and run case. As the rider of motorcycle hit - 3 - HC-KAR NC: 2025:KHC-D:8911 MFA No. 21546 of 2012 the deceased and ran away, quite naturally, crime was registered as hit and run case. 3. The discrepancy between the chassis number of the motorcycle and the details in the insurance policy cannot constitute sufficient ground to claim false implication. Admittedly, the registration number is identical to that mentioned in the insurance policy. This mismatch alone does not justify the conclusion that the motorcycle was falsely implicated. In view of this, the Tribunal was correct in determining that motorcycle bearing No. KA-25/X-9586 was involved in the accident, which resulted in the death of the deceased. There is no substantive basis to believe that the motorcycle was falsely implicated. 4. Therefore, there are no valid grounds to interfere with the findings of the Tribunal. The appeal stands dismissed as being devoid of merit. - 4 - HC-KAR NC: 2025:KHC-D:8911 MFA No. 21546 of 2012 5. Accordingly, the appeal is dismissed in its entirety. 6. The amount in deposit, if any, shall be transmitted to the Tribunal forthwith. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP para Nos.1 & 2 RHR para Nos.3 to end CT:BCK LIST NO.: 3 SL NO.: 5