- 1 - HC-KAR NC: 2025:KHC-D:11793 MFA No. 102134 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 102134 OF 2014 (MV-I) BETWEEN: 1. SHRI. MARUTI S/O NAMDEV NARVEKAR AGE: 22 YEARS, OCC: COOLIE AT PRESENT NIL, R/O: NITTUR, TALUK: KHANAPUR, DIST: BELGAUM. …APPELLANT (BY SRI. SANJAY S KATAGERI, ADV) AND: 1. SHRI. SHIVAJI S/O NAMDEV NARVEKAR AGE: 27 YEARS, OCC: AGRICULTURE, R/O: NITTUR, TALUK: KHANAPUR, DIST: BELGAUM. 2. THE DIVISIONAL MANAGER THE NATIONAL INSURANCE CO. LTD., RAMDEV GALLI, BELGAUM. …RESPONDENTS (BY SRI. SHASHANK HEGDE, ADV FOR R2, NOTICE TO R1 IS SERVED) THIS MFA IS FILED UNDER SEC. 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 05.05.2014 PASSED IN MVC NO.928/2012 ON THE FILE OF THE MEMBER, MACT, KHANAPUR, DISMISSING THE PETITION FILED UNDER SEC.166 OF M.V ACT. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:11793 MFA No. 102134 of 2014 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. This appeal is filed by the petitioner challenging the dismissal of claim petition vide Judgment and award dated 05.05.2014 in MVC No.928/2012 passed by the learned Motor Accidents Claims Tribunal, Khanapur (for short ‘the Tribunal’) 2. Brief facts, leading rise to the filing of this appeal are as follows: It is the case of the petitioner that on 08.03.2012 at about 3.00 PM he was proceeding on a motorcycle bearing registration No.KA-22/EC-8057 as a pillion rider and the said motorcycle was ridden by his own brother who is respondent No.1 before the Tribunal, and they were proceeding towards Nittur from Khanapur. The brother was riding the motorcycle in a rash and negligent manner, as a result the petitioner and rider both fell and sustained the fracture injuries. The petitioner spent huge amount towards - 3 - HC-KAR NC: 2025:KHC-D:11793 MFA No. 102134 of 2014 medical expenses and other expenses. Thus, the petitioner filed a claim petition under Section 166 of the M.V. Act, seeking for compensation on account of the injuries sustained in the road traffic accident. 3. Respondent No.1, who is the owner of the motorcycle was placed exparte, as he remained unrepresented, despite the service of notice. 4. Respondent No.2-The Insurance Company filed the statement of objections denying the averments made in the claim petition and also denied the alleged accident. It is also contented that there is the delay of eight Days in lodging the complaint and the petitioner has not explained the delay in lodging complaint. The petitioner colluding with his brother, who is the owner of the motorcycle created a documents and filed a false claim petition. It is further contended that the rider of the offending vehicle was not holding a valid driving license as of the date of the accident. - 4 - HC-KAR NC: 2025:KHC-D:11793 MFA No. 102134 of 2014 Hence, prays to dismiss the claim petition against the Insurance Company. 5. The Tribunal, based on the pleadings of the parties, framed the relevant issues. 6. The petitioner, to substantiate his case examined himself as PW-1, examined the Doctor as PW-2 and examined the eye-witness as PW-3 and marked 15 documents as Exs.P1 to P15. The officials of the Insurance Company has not entered the witness box, however, marked one document as Ex.R1. 7. The Tribunal, after assessing the verbal and documentary evidence, dismissed the claim petition with costs vide Judgment dated 05.05.2014. 8. The petitioner aggrieved by the dismissal of the claim petition filed this appeal. - 5 - HC-KAR NC: 2025:KHC-D:11793 MFA No. 102134 of 2014 9. Heard the arguments of the learned counsel for the Insurance Company and learned counsel for the petitioner. 10. Learned counsel for the petitioner submit that the petitioner met with an accident on 08.03.2012 and he got admitted initially in Sri.Rajanna Hosmani, Orthopedic Centre, Khanapur and he was discharged on the same day from the said hospital. The petitioner again got admitted in the Vijaya Ortho and Trauma Centre Pvt. Ltd. Belgaum on 12.03.2012 discharged on 17.03.2012. He submits that, as the petitioner was unable to move from the bed because of the injury, he could not lodge the complaint as of the date of the accident. Thus, there is a delay of eight days in lodging the complaint. He submits that the petitioner had a valid reason for lodging a complaint at belated stage. The said aspect was not properly considered by the Tribunal and committed an error in dismissing the claim petition. He also submits that the petitioner was in a dilemma that the owner of the offending vehicle being his brother, whether to lodge - 6 - HC-KAR NC: 2025:KHC-D:11793 MFA No. 102134 of 2014 the complaint against him or not. Hence, subsequently he decided to lodge the complaint. Hence, on these grounds, he prays to allow the appeal. 11. Per contra, the learned counsel for the Insurance Company submits that the petitioner and the owner of the motorcycle are brothers and having colluded with each other got lodge the complaint after eight days from the date of alleged accident. He also submits that the alleged accident took place on 08.03.2012, but though the petitioner has produced Ex.P7, which does not indicate the history of injury by a road traffic accident. He also submits that there is a delay of eight days in lodging the complaint. He also submits that the petitioner has not explained regarding where the petitioner was from 09.03.2012 to 11.03.2012. He also submits that even from the perusal of the records i.e. Ex. P7 it does not indicate that the petitioner has suffered a injury from the road traffic accident. Thus, he submits that the petitioner, the owner of the motorcycle colluded with the police have got filed a false - 7 - HC-KAR NC: 2025:KHC-D:11793 MFA No. 102134 of 2014 case against the owner of the motorcycle. The Tribunal was justified in dismissing the claim petition. Hence, on these grounds, he prays to dismiss the appeal. 12. Perused the records, and considered the submissions of the learned counsel for the parties. 13. It is the case of the petitioner, that the petitioner and his brother i.e. respondent No.1 herein were proceeding on a motorcycle bearing registration No. KA 22/EC-8057 and his brother was riding the motorcycle. The motorcycle was skid and the petitioner and his brother fell and sustained grievous injuries. It is contended that the alleged accident occurred on 08.03.2012. To prove that the accident occurred on 08.03.2012, the petitioner except examining himself and examining one witness as PW-3, who is said to be an alleged eye-witnesses not examined the rider of the motor cycle in question. Respondent No.1 is the brother of the petitioner who was riding the motorcycle has not entered the witness box and he has not stated that the - 8 - HC-KAR NC: 2025:KHC-D:11793 MFA No. 102134 of 2014 accident occurred on 08.03.2012. He is the proper person to explain the incident alleged to have been occurred in 08.03.2012 as he was the rider of the motorcycle in question. Admittedly, respondent No.1 is the brother of the petitioner, he could have examined his brother, but the petitioner did not examine his brother. Hence, an adverse inference must be drawn against the petitioner regarding the alleged accident. Further, perusal of the medical records produced by the petitioner at EX.P10, which discloses that the petitioner approached the hospital on 08.03.2012 at Sri.Rajanna Hosmani, Orthopedic Center, Khanapur. It is an receipt for having given a treatment to the petitioner but the said document does not indicate that the petitioner has suffered injuries due to the road traffic accident and further he got discharged on the same day and again he got admitted in the Vijaya Ortho and Trauma Centre Pvt. Ltd., Belgaum on 12.03.2012, the petitioner has produced the wound certificate issued by the Vijaya Ortho and Trauma Centre Pvt. Ltd., Belgaum on 12.03.2012. There is no - 9 - HC-KAR NC: 2025:KHC-D:11793 MFA No. 102134 of 2014 reference about Ex.P10 and Ex.P7 and further there is no reference that he has taken a treatment in Sri.Rajanna Hosmani, Orthopedic Center, Khanapur on 08.03.2012 and further it also does not indicate that the date of alleged accident in the wound certificate. 14. If really the petitioner met with an accident on 08.03.2012, respondent No.1 is the brother who was riding the motorcycle in question on the date of alleged accident and the petitioner was unable to move from the bed, nothing prevented respondent no.1 from lodging the complaint and further the petitioner has not explained regarding his presence from 09.03.2012 to 11.03.2012 about his location and all of a sudden he got admitted in the hospital on 12.03.2012 and further he lodged the complaint on 15.03.2012. The petitioner has not explained the reasons for lodging complaint at belated stage. The complaint was logged after eight days is a significant omission in the present case and further from the perusal of the records, there are no hospital reports to indicate from - 10 - HC-KAR NC: 2025:KHC-D:11793 MFA No. 102134 of 2014 the nature of injuries that occurred due to the road traffic accident. The Tribunal considering the entire the material on record, was justified in recording its finding, that the petitioner and his brother i.e. the owner and the rider of the motorcycle in question colluding with the police, got lodged the criminal case to claim compensation and further the petitioner has not explained the delay in lodging the complaint at a belated stage and further from the perusal of the records produced by the petitioner, does not indicate that the nature of the injury sustained by the petitioner is due to a road traffic accident. Thus, the Tribunal has rightly dismissed the claim petition filed by the petitioner. Hence, I do not find any error in the impugned Judgment. 15. Accordingly, I proceed to pass the following: ORDER (i) The Appeal is dismissed. (ii) The Judgment and award dated 05.05.2014 in MVC No.928/2012 passed by learned Motor - 11 - HC-KAR NC: 2025:KHC-D:11793 MFA No. 102134 of 2014 Accidents Claims Tribunal, Khanapur, is hereby confirmed. (iii) The trial Court records, be transmitted to Tribunal forthwith. Sd/- (ASHOK S. KINAGI) JUDGE RHR/- CT: BSB List No.: 1 Sl No.: 8