- 1 - HC-KAR NC: 2025:KHC-D:15361 MFA No. 100325 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 100325 OF 2024 (MV-D) BETWEEN: THE DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD., GOAVES CIRCULE, DIVISIONAL OFFICE, 3RD FLOOR, AMAR EMPIRE, KHANAPUR ROAD, BELAGAVI, TQ: DIST: BELAGAVI-590001. (POLICY NO.242202/31/2021/4675) (VALIDITY FROM 04.01.2021 TO 03/01/2022) DATED OF ACCIDENT:19.07.2021 REPRESENTED BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI. G.N.RAICHUR, ADVOCATE) AND: 1. RAMESH S/O. GOVINDAPPA CHANNADASAR, AGE: 55 YEARS, OCC: COOLIE, R/O. TULASIGERI-587103, TQ: DIST: BAGALKOT. 2. INDRAVVA W/O. RAMESH CHANNADASAR, AGE: 46 YEARS, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15361 MFA No. 100325 of 2024 OCC: HOUSEHOLD WORK, R/O. TULASIGERI-587103, TQ:DIST: BAGALKOT. 3. BULKIDEVI W/O. S.H. BABU LAL, AGE: 58 YEARS, OCC: OWNER OF VEHICLE, R/O. H.NO.103, RAMADEVARA KE PAS LAMBA, BILARA, JODHPUR, STATE: RAJASTHAN-342001. …RESPONDENTS (BY SRI. SRINIVAS K. NADAMANI, ADVOCATE FOR R1 & R2; NOTICE TO R3 IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT PRAYING TO CALL FOR THE RECORDS, HEAR THE PARTIES AND MODIFY THE JUDGMENT AND AWARD DATED 03.10.2023 PASSED BY THE BEFORE I ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-III, BAGALKOT IN M.V.C. NO.489/2021 BY EXONERATING THE LIABILITY FIXED ON THE APPELLANT/ INSURANCE COMPANY BY ACCEPTING THE GROUNDS MADE OUT IN THE GROUNDS OF APPEAL BY ALLOWING THIS APPEAL WITH COSTS IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15361 MFA No. 100325 of 2024 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.G.N.Raichur, learned counsel for the appellant who appears through video conference. Also heard Sri.Srinivas K.Nadamani, learned counsel for respondents No.1 and 2 who appears before this Court physically. 2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal-III, Bagalkot (hereinafter referred to as ‘the Tribunal’ for brevity) in M.V.C. No.489/2021 dated 03.10.2023. 3. The matrix of the case as projected by respondents No.1 and 2/claimants before the Tribunal is that on 19.07.2021 the deceased Shrinivas (hereinafter referred to as ‘the deceased’ for brevity) was proceeding on a motorcycle bearing registration No.KA-29/U-7702 from - 4 - HC-KAR NC: 2025:KHC-D:15361 MFA No. 100325 of 2024 Tulasigeri towards Gaddankeri around 07.50 p.m. When he reached near Chabbi cross, a lorry bearing registration No.RJ-19/GG-4584 was found parked on the road without any precautionary measures. The deceased dashed his motorcycle against the said lorry, due to which he received grievous injuries and succumbed to injuries. 4. Arguing the matter, learned counsel for the appellant submits that the deceased was riding the bike in a fully drunken state and due to intoxication he failed to observe the parked lorry and thereby hit the said lorry. Thus, the accident occurred due to sole negligence on the part of the deceased. But the Tribunal attributed contributory negligence to an extent of 50% against the driver of the lorry and aggrieved by the same, the present appeal is filed. Learned counsel further submits that though more than 20 feet road was available for other vehicles to proceed with, due to intoxication without observing the available way, the deceased hit the lorry. - 5 - HC-KAR NC: 2025:KHC-D:15361 MFA No. 100325 of 2024 5. Opposing the submission thus made, learned counsel for respondents No.1 and 2 submits that the lorry was parked in the middle of the road and that too without any indicators. The accident occurred at about 07.50 pm. There was no lighting surrounding the place of the accident and therefore the lorry was not visible to the deceased. Learned counsel further states that Police after investigation laid charge sheet against the driver of the lorry as well and observing the said fact, the Tribunal rightly attributed contributory negligence to an extent of 50% against the deceased and 50% against the driver of the lorry and thus, the appeal is not maintainable. 6. It is not in dispute that, basing on the complaint given, a case was registered by police, was investigated into and finally laid charge sheet, even against the driver of the lorry. The Tribunal having found that the deceased was under the influence of alcohol at the time of accident and that the lorry was parked without any indicators, came to a conclusion that the deceased as well as the driver of the - 6 - HC-KAR NC: 2025:KHC-D:15361 MFA No. 100325 of 2024 lorry are equally responsible for the accident to occur. This Court does not find any grounds to interfere with the well reasoned order of the Tribunal in respect of attributing contributory negligence on part of the deceased and holding that even the driver of the lorry was at fault. Therefore, this Court is of the view that there are no grounds to interfere with in that regard. 7. Coming to quantum, learned counsel for the appellant states that the Tribunal awarded a sum of Rs.15,000/- for transportation of dead body. But respondents 1 and 2 might not have incurred more than Rs.2,000/-. 8. Having considered the submission thus made, and upon perusal of the relevant material that is brought on record, this Court is of the view that a sum of Rs.5,000/- can only be awarded towards transportation of dead body. Thus the amount awarded in excess is Rs.10,000/-. Therefore the appeal is disposed of with the following order: - 7 - HC-KAR NC: 2025:KHC-D:15361 MFA No. 100325 of 2024 ORDER i. Appeal is allowed in part. ii. Compensation that is granted by the Motor Accident Claims Tribunal-III, Bagalkot, through orders in MVC No.489/2021 dated 03.10.2023 is reduced by Rs.10,000/-. iii. Amount, if any in deposit, be transmitted to the concerned Tribunal immediately. In the light of the disposal of the appeal itself, the proceedings in I.A.1/2025 stands closed. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH,GAB CT-MCK List No.: 1 Sl No.: 15