- 1 - HC-KAR NC: 2025:KHC:29893 MFA No. 851 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 851 OF 2021 (MV-I) BETWEEN: SMT. GIRIJAMMA V W/O. MUNINARENDRA BABU, AGED ABOUT 43 YEARS, R/AT NO. 354, 7TH MAIN, 4TH PHASE, 7TH BLOCK, SYNDICATE BANK COLONY, BANASHANKARI 3RD STAGE, BENGALURU-560 085. …APPELLANT (BY SRI. A.S. GIRISH, ADVOCATE) AND: 1. SRI. BANASHANKARA GOWDA S/O. GATTINA GOWDA, NO.54, BASAVESHWARA NILAYA, 3RD CROSS, 1ST "A" BLOCK, J.P. NAGAR, BENGALURU-560 076, (R.C. OWNER OF TOYOTA CAB BEARING NO.KA-01-AD-9238) 2. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., NO.1, 1ST FLOOR, 32ND CROSS, 9TH MAIN, JAYANAGAR, BENGALURU-560 011, (INSURER OF TOYOTA CAB BEARING NO. KA-01-AD-9238) …RESPONDENTS (BY SRI. PRADEEP B, ADVOCATE FOR R2; VIDE ORDER DTD 13.10.2022, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29893 MFA No. 851 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 22.08.2019, PASSED IN MVC NO.5019/2017, ON THE FILE OF THE X-ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MACT, BENGALURU (SCCH-16), DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT The petitioner/appellant being aggrieved by the Judgment and Award dated 22.08.2019 passed in MVC No.5019/2017 by the learned X Additional Judge, Court of Small Causes and MACT, Bengaluru (SCCH-16), for dismissal of his petition has filed this appeal. 2. The brief facts leading to this appeal are as under: That the petitioner has filed the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short 'Act of 1988') claiming compensation from respondents on - 3 - HC-KAR NC: 2025:KHC:29893 MFA No. 851 of 2021 account of she suffering injuries in a motor vehicle accident that took place on 06.05.2017 at about 11.10 a.m, when she was moving towards Banashankari from Kadirenahalli by riding her Honda Activa bearing registration No.KA-05-ET-5586. It is alleged that, near Bendre Junction, a Toyota Cab bearing registration No.KA- 01-AD-9238 driven by its driver in a high speed, rash and negligent manner from Kadirenahalli side, all of a sudden, hit the scooter of the petitioner. Due to this impact, she fell down and sustained severe injuries and her vehicle was also damaged. According to her, she has spent substantive money towards medical expenses and she has suffered disablement, because of this accidental injuries. Hence, she prayed to award the compensation as prayed for. 3. Before the Tribunal, despite service of notice, respondent No.1 remained absent. He was placed Ex- parte, whereas, respondent No.2 appeared through panel counsel and filed written statement denying entire - 4 - HC-KAR NC: 2025:KHC:29893 MFA No. 851 of 2021 assertions with regard to the nature of the accident and so also, negligence attributed against the driver of the cab. The very involvement of the vehicle is disputed. So far issuance of the policy and its validity on the date of accident, it is admitted. It is contended that respondent No.2 is not liable to pay the compensation. Hence, prayed to dismiss this appeal. 4. The Tribunal, on the basis of pleadings of both the parties, framed three relevant issues. Before the Tribunal, to substantiate the case of the petitioner/appellant examined herself as PW.1 and also examined Dr. B.Ramesh as PW.2 and got marked 14 documents as Ex.P1 to Ex.P14. To rebut the evidence of the petitioner/appellant, one Prerana V.N., an official of respondent No.2 entered the witness box as RW.1 and got marked 4 documents as Ex.R1 to Ex.R4 and closed respondents' evidence. - 5 - HC-KAR NC: 2025:KHC:29893 MFA No. 851 of 2021 5. Learned Tribunal on hearing the arguments of both sides and on evaluation of the evidence held that, the said accident has not taken place because of rash and negligent driving of the driver of the cab bearing registration No.KA-01-AD-9238, and further held that, the petitioner/appellant is not entitled for compensation as she herself is responsible for causing the accident. This is how, now, petitioner/appellant is present before this Court seeking setting aside of the impugned judgment and award. 6. Learned counsel for the petitioner/appellant submits that, the accident is not in dispute. But, the observation of the Tribunal is that, because of the rash and negligent riding of the motor vehicle by the petitioner/appellant herself, the accident had taken place. He further submits that, there is negligence on the part of the driver of the said cab, but there is no proper appreciation of the evidence by the Tribunal. - 6 - HC-KAR NC: 2025:KHC:29893 MFA No. 851 of 2021 7. During the course of the arguments of learned counsel for the petitioner/appellant, he has filed a memo along with copy of the proceedings before the Court of ACMM in CC.No.7993/2017, wherein, the driver of the said cab had admitted the guilt by pleading guilty. Thus, according to learned counsel for the petitioner/appellant, as the driver of the said cab has pleaded guilty before the Court admitting the guilt with regard to the rash and negligent driving of the said cab at the time of accident, submits that at the most, some contributory negligence would have been fastened, if at all, it is there on the petitioner/appellant in causing the accident. But, without appreciating the same, the learned Tribunal has dismissed the petition. 8. I have perused the findings of the Tribunal. In Paragraph No.11 of the judgment, it is observed that, on perusal of the sketch and damages caused to the cab, even a prudent man would say that, the said accident has not happened in the manner alleged by the claimant. - 7 - HC-KAR NC: 2025:KHC:29893 MFA No. 851 of 2021 Thus, it is opined by the Tribunal that, such an accident has not taken place in the manner alleged by the petitioner/appellant. It is stated that, because of the rash driving of the scooter by the petitioner/appellant, the said accident must have taken place. When the driver of the said cab has pleaded guilty about the attribution of rash and negligent driving of the cab, the Tribunal ought to have appreciated the same. But, it is not so. The Tribunal has given finding based upon the evidence so lead by the claimant and has come to the conclusion that appellant is responsible for causing the accident. What was the extent of contribution of the driver of the said cab in causing the said accident is not properly appreciated by the Tribunal. Without considering the said aspect, the learned Tribunal has dismissed the petition without appreciating the evidence in a proper manner. As held in the catena of the judgments as M.V Act is a social legislation and the cases under the Act of 1988, are decided based upon the principles of probabilities, but in this case, the Tribunal on - 8 - HC-KAR NC: 2025:KHC:29893 MFA No. 851 of 2021 technical grounds attributed negligence on the part of the petitioner/appellant. But, what was the percentage of her contribution causing accident is not stated by the Tribunal. 9. In view of the same and pleading guilty by the driver of the said cab, it is just and proper to set aside the impugned judgment. The matter requires remand to the Tribunal for fresh disposal in accordance with law. Hence, the following: ORDER i) The appeal is allowed. ii) The judgment and award dated 22.08.2019 passed in MVC.No.5019/2017 by the learned X Additional Judge, Court of Small Causes and MACT, Bengaluru, is set aside. iii) The matter is remanded to the Tribunal for fresh disposal in accordance with law. iv) All the contentions of the parties are kept open. - 9 - HC-KAR NC: 2025:KHC:29893 MFA No. 851 of 2021 v) Parties shall appear before the Tribunal on 20.08.2025 without expecting any notice from the Tribunal and shall co-operate for early disposal in accordance with law without seeking any unnecessary adjournments. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PHM List No.: 1 Sl No.: 32