- 1 - HC-KAR NC: 2025:KHC:36125 MFA No. 431 of 2015 C/W MFA No. 433 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 431 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 433 OF 2015 (MV-I) IN MFA No. 431/2015 BETWEEN: THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD, NAGNIRMAL COMPLEX, 1ST FLOOR, OPP: RANGANNA KALYAN MANTAP, BASAVANAHALLI MAIN RD: CHIKKAMAGALUR NOW REPRESENTED BY ITS REGIONAL MANAGER, THE ORIENTAL INSURANCE CO. LTD, REGIONAL OFFICE, NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE-25. …APPELLANT (BY SMT. HARINI SHIVANANDA., ADVOCATE) AND: 1. SRI MAHADEVA S/O SIDDASHETTY, 38 YEARS, R/O KORAMANAKATHARI, P.G. PALYA VILLAGE, Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36125 MFA No. 431 of 2015 C/W MFA No. 433 of 2015 KOLLEGALA TALUK, CHAMRAJANAGAR DISTRICT-571440. 2. SRI. KUMARA 26 YEARS, S/O SIDDASHETTY, HOSADODDI VILLAGE, LOKKANAHALLI HOBLI, KOLLEGAL TALUK-571440. 3. SRI. SIDDASHETTY MAJOR, S/O SIDDASHETTY, HOSADODDI VILLAGE, LOKKANAHALLI HOBLI, KOLLEGAL TALUK-571440. …RESPONDENTS (R1, R2 AND R3 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 28.08.2014 PASSED IN MVC NO.49/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, ADDITIONAL MACT, KOLLEGALA, AWARDING COMPENSATION OF RS.1,41,889/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL PAYMENT. IN MFA NO. 433/2015 BETWEEN: THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD, NAGNIRMAL COMPLEX, 1ST FLOOR, OPP: RANGANNA KALYAN MANTAP, BASAVANAHALLI MAIN RD: CHIKKAMAGALUR NOW REPRESENTED BY ITS REGIONAL MANAGER, THE ORIENTAL INSURANCE CO. LTD., - 3 - HC-KAR NC: 2025:KHC:36125 MFA No. 431 of 2015 C/W MFA No. 433 of 2015 REGIONAL OFFICE, NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE-25. ...APPELLANT (BY SMT. HARINI SHIVANANDA., ADVOCATE) AND: 1. SRI MAHADEVASWAMY S/O PUTTASHETTY 24 YEARS, R/O KORAMANAKATHARI, P.G. PALYA VILLAGE, KOLLEGALA TALUK, CHAMRAJANAGAR DISTRICT-571313. 2. SRI. KUMARA 26 YEARS, S/O SIDDASHETTY, HOSADODDI VILLAGE, LOKKANAHALLI HOBLI, KOLLEGAL TALUK-571440. 3. SRI. SIDDASHETTY, MAJOR, S/O SIDDASHETTY, HOSADODDI VILLAGE, LOKKANAHALLI HOBLI, KOLLEGAL TALUK-571440. ...RESPONDENTS (BY SRI. D S HOSMATH, ADV. FOR R1, R2 AND R3 SERVED.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 28.8.2014 PASSED IN MVC NO.50/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, ADDITIONAL MACT, KOLLEGALA, AWARDING A COMPENSATION OF RS.2,45,671/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT. - 4 - HC-KAR NC: 2025:KHC:36125 MFA No. 431 of 2015 C/W MFA No. 433 of 2015 THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT MFA No.431/2015 and MFA No.433/2015 are filed by the Insurance Company against the award dated 28.08.2014 passed in MVC No.49/2012 and in MVC No.50/2012 respectively by the Court of Senior Civil Judge and Addl. Motor Accident Claims Tribunal, Kollegala (for short 'Tribunal'). 2. For the sake of convenience, the parties are referred to as per their ranks before the Tribunal. 3. Both the petitioners have met with an accident on the same day i.e. on 12.03.2012. It was contended that while the petitioners were proceeding in the motorcycle bearing registration No.KA-10-L-6547 on Hasanur Kollegala road and when they reached near the Karikallu bore at about 8.30 p.m., one tractor bearing registration No.KA-17-TA-2839 came from the opposite - 5 - HC-KAR NC: 2025:KHC:36125 MFA No. 431 of 2015 C/W MFA No. 433 of 2015 direction with high speed and in a rash and negligent manner and dashed against them and caused accident due to which the petitioners sustained grievous injuries. Respondent No.1 is the driver and respondent No.2 is the owner of the offending vehicle. Respondent Nos.1 and 2 in their counter stated that false complaint has been lodged against them and the accident has not occurred on account of rash and negligent driving of respondent No.1. 4. Respondent No.3 in its written statement admitted that the insurance of the tractor bearing registration No.KA-17-TA-2839 as the policy was in force at the time of accident and further, it is stated that as per policy, no additional premium is paid to the pillion rider and the rider of the motorcycle was not having valid driving licence at the time of accident. Contentions of learned counsel for appellant in MFA No.433/2015: 5. Further, in order to prove the occurrence of accident and his injuries, the petitioner is examined - 6 - HC-KAR NC: 2025:KHC:36125 MFA No. 431 of 2015 C/W MFA No. 433 of 2015 himself as PW.1 and got marked 12 documents as Exs.P1 to P12 and the doctor was also examined as CW.1 and 24 documents were got marked as Ex.C1 to C24. 6. On behalf of respondent No.2, its Administrative Officer is examined as RW.1 and two documents were marked as Exs.R1 and R2. Contentions of learned counsel for appellant in MFA No.431/2015: 7. In order to prove the occurrence of accident and his injuries, petitioner is examined himself as PW.1 and 8 documents were marked as Exs.P1 to P8 and the doctor was examined as CW.1 and 2 documents were got marked as Exs.C1 and C2. There is no evidence on behalf of respondents. 8. Further, the learned counsel for the appellant would contend that as per the case sheet in Ex.C8 i.e. discharge summary, the doctor has made an endorsement in the history of accident that while driving a two wheeler, - 7 - HC-KAR NC: 2025:KHC:36125 MFA No. 431 of 2015 C/W MFA No. 433 of 2015 they were hit by animal and fell down and sustained injuries. Therefore, this fact falsifies the claim of the petitioners and simply held respondent Nos.1 and 2 jointly and severally liable to pay compensation and respondent No.3 is directed to pay compensation within one month from the date of deposit. 9. Heard the arguments advanced by learned counsel for appellant and perused the material on record. 10. The petitioners have not met with an accident by use of motorcycle and the tractor was subsequently implicated in this case only to claim the compensation. The petitioners have sustained injuries on account of hit by animal and as there is no involvement of tractor in the occurrence of accident, respondent-insurance company is not liable to pay compensation. Therefore, this Court finds it reasonable to allow both the appeals filed by the insurance company by setting aside the impugned judgment passed by the Tribunal. - 8 - HC-KAR NC: 2025:KHC:36125 MFA No. 431 of 2015 C/W MFA No. 433 of 2015 11. In the result, the following order is passed: ORDER i. MFA No.431/2015 and MFA No.433/2015 are allowed. ii. The judgment and award dated 28.08.2014 passed in MVC No.49/2012 and in MVC No.50/2012 respectively by the Court of Senior Civil Judge and Addl. Motor Accident Claims Tribunal, Kollegala are hereby set aside; iii. The amount already deposited before the Tribunal is to be transferred to MACT. If at all there is an excess amount, it is to be refunded to the appellant. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 31