- 1 - HC-KAR NC: 2025:KHC-K:3406 MFA No. 200660 of 2018 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO. 200660 OF 2018 (MV-D) BETWEEN: 1. SMT. SUVARNA W/O LATE AMBARAYA SHEKHAR (BABALAD), AGE: 42 YEARS, OCC: HOUSEHOLD, 2. SMT. PEERAMMA W/O LATE NAGAPPA SHEKHAR (BABALAD), AGE: 72 YEARS, OCC: NIL, 3. ABHISHEK S/O LATE AMBARAYA SHEKHAR (BABALAD), AGED: 19 YEARS, OCC: STUDENT, 4. AMITKUMAQR S/O LATE AMBARAYA SHEKAR (BABALAD) AGED: 4 ½ YEARS, OCC: NIL, APPELLANT NO.4 IS MINOR U/G OF HIS NATURAL MOTHER -APPELLANT NO.1 I.E. SMT. SUVARANA ALL R/O: H.NO. UHA-55 RAJAPUR ROAD, NEAR VASANTA B.ED, COLLEGE, SURYODAYA NAGAR, SHAHABAD ROAD, KALABURAGI. …APPELLANTS (BY SRI SANJEEV PATIL, ADVOCATE) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3406 MFA No. 200660 of 2018 AND: 1. LAXMANSINGH S/O PREMSINGH, AGE: 27 YEARS, OCC: OWNER CUM DRIVER TRUCK NO.MP06-HC-1878, R/O: H.NO.17159, GRAM BAD, POST: KAKUA, TQ & DIST: AGRA(U.P) – 282 009. 2. SANJEEVKUMAR S/O SURENDRA PRAKASH SHARMA, AGE: MAJOR, OCC: OWNER OF TRUCK NO.MP-06-HC-1878 (AS PER POLICY) R/O: DUTTAPURA, TQ & DIST: MORANA, C/O: NEW VARANASI TRANSPORT CORPORATION NO.21/35/B, FREE GUNJ, AGRA (U.P) – 223 007. 3. THE DIVISIONAL MANGER, THE ORIENTAL INSURANCE CO. LTD., MINI VIDHANA SOUDHA, STATION ROAD, KALABURAGI – 585 101. …RESPONDENTS (BY SRI S.S.ASPALLI, ADVOCATE FOR R3; NOTICE TO R1 AND R2 ARE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ALLOW THIS APPEAL AND AWARD COMPENSATION OF RS.13,93,700/- (EXCLUDING THE AMOUNT AWARDED BY THE TRIBUNAL) ALONG WITH INTEREST @ 12% P.A. BY MODIFYING THE JUDGMENT AND AWARD PASSED BY LEARNED I ADDL. SENIOR CIVIL JUDGE AND MACT, KALABURAGI, DATED 12.05.2017 IN M.V.C.NO.1141/2015, BY FIXING THE ENTIRE LIABILITY OF PAYING COMPENSATION ON RESPONDENT NO.3, INSTEAD OF FIXING IT ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR NC: 2025:KHC-K:3406 MFA No. 200660 of 2018 ORAL JUDGMENT Challenging judgment and award dated 12.05.2017 passed by I Additional Senior Civil Judge and MACT, Kalaburagi (for short, 'tribunal') in MVC no.1141/2015, this appeal is filed. 2. Sri Sanjeev Patil, learned counsel submitted that appeal was by claimants being dissatisfied with absolving liability of insurer. It was submitted, on 18.05.2015, when Ambaraya along with Jayashree were proceeding on motorcycle reg.no.KA-32/EC-1402, driver of lorry reg.no.MP-06/HC-1878 drove it in rash and negligent manner and dashed against motorcycle. In said accident, Ambaraya sustained fatal injuries and died on spot. Claiming compensation, claim petition was filed under Section 166 of Motor Vehicles Act against owners and insurer. 3. Owners did not contest, they were exparte, only insurer contested claim petition denying issuance of insurance policy and coverage as on date of accident. Even contributory negligence and violation of policy conditions were also urged. 4. Based on contention, tribunal framed issues and recorded evidence. Claimant no.1 was examined as PW.1 and - 4 - HC-KAR NC: 2025:KHC-K:3406 MFA No. 200660 of 2018 Exs.P.1 to P.9 were got marked. Insurer examined its official as RW.1 and got marked Exs.R1 and R2. On consideration, tribunal held that accident had occurred due to rash and negligent driving of lorry by its driver leading to death of Ambaraya and claimants were entitled for compensation assessed by it as follows :- Loss of consortium `1,00,000/- Loss of love and affection `75,000/- Funeral and transportation expenses `20,000/- Loss of dependency `22,11,300/- Total `24,06,300/- 5. However, taking note of specific contention of insurer that insurance policy sought to be relied upon by claimants was tampered and as per Ex.R1-insurance policy, vehicle was covered from 30.01.2012 to 30.01.2013 and under Ex.R2 from 05.07.2016 to 05.07.2017, but as accident occurred on 18.05.2015, which was not within coverage period, it absolved insurer and fastened liability on owners. Dissatisfied with finding claimants were in appeal. - 5 - HC-KAR NC: 2025:KHC-K:3406 MFA No. 200660 of 2018 6. Learned counsel for claimants submitted that usage of insured vehicle had led to death of Ambaraya. Even as per insurer vehicle was insured for period prior and after date of accident. Therefore, insurer ought to be directed to pay and thereafter recover from insured. 7. On other hand, Sri S.S.Aspalli, learned counsel for insurer opposed appeal. It was submitted, tribunal had appreciated fact that date of accident was neither covered under Ex.R1 nor under Ex.R2. Therefore owner was rightly held liable and there was no merit in appeal. 8. Heard learned counsel and perused impugned judgment and award. 9. From above, since claimants appeal is only insofar as finding of tribunal on liability, point that would arise for consideration is : “Whether finding of tribunal absolving insurer from liability calls for interference ?” 10. Same is answered in negative, for following reasons. - 6 - HC-KAR NC: 2025:KHC-K:3406 MFA No. 200660 of 2018 11. There is no dispute about fact that accident in question occurred on 18.05.2015. Insurance Policy sought to be relied upon by claimants was policy no.272805/31/2015/3460 stated to be issued for period from 31.01.2015 to 30.01.2015. 12. Before tribunal, specific plea is taken by insurer that offending lorry was not insured as on date of accident, apart from alleging contributory negligence against rider of motorcycle and breach of terms of policy by insured. 13. Insurer examined its official as RW.1 who deposed that said policy under Ex.R1 was for period from 30.01.2012 to 30.01.2013 and policy sought to be relied upon was corrected/manipulated. It also produced subsequent insurance policy as Ex.R2. Period of coverage in said policy from 06.07.2016 to 05.06.2017. Nothing contradicting assertion is elicited in cross-examination. 14. In view of above, finding of tribunal absolving insurer would be on due appreciation of material on record, no grounds to interfere. Consequently, following : - 7 - HC-KAR NC: 2025:KHC-K:3406 MFA No. 200660 of 2018 ORDER Appeal is dismissed. Sd/- (RAVI V HOSMANI) JUDGE SN List No.: 1 Sl No.: 39 Ct;Vk