- 1 - HC-KAR NC: 2026:KHC:26910 MFA No. 1231 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.1231 OF 2020(MV-I) BETWEEN: THE MANAGER (CLAIMS) ORIENTAL INSURANCE CO.LTD S.S.COMPLEX, SHUBASH CHOWKA, HASSAN NOW REPRESENTED BY THE ORIENTAL INSURANCE CO.LTD., REGIONAL OFFICE, BENGALURU LEO SHOPPING COMPLEX, NO.44/45, RESIDENCY ROAD, REP BY ITS DEPUTY MANAGER, BANGALURU-560 025. …APPELLANT (BY SRI. SHIVALLI SHIVAYOGI YALLAPPA GOUDA, ADVOCATE) AND: 1. SRI. PUTTAIAH S/O KALAIAH, AGED ABOUT 51 YEARS, R/O ULLENAHALLI VILLAGE, KONANUR HOBLI, ARKALGUD TALUK, ARKALGUD DISTRICT. 2. SRI.SANNA KALAIAH S/O NINGAIAH AGED MAJOR, R/O RAMANATHAPURA HOBLI, ARAKALGUD TALUK, ARAKALGUD HASSAN DISTRICT. …RESPONDENTS (R1 & R2 - SERVED, UNREPRESENTED) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26910 MFA No. 1231 of 2020 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.09.2019 PASSED IN MVC NO. 413/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, ARKALGUD, AWARDING COMPENSATION OF RS.2,68,900/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The Insurer has filed this appeal against the judgment and award passed in M.V.C.No.413/2018 dated 27.09.2019 by the Court of Senior Civil Judge and Motor Accident Claims Tribunal at Arkalgud (for short ‘the Tribunal’), whereby the Tribunal partly allowed the claim petition filed by respondent No.1 herein and granted compensation of Rs.2,68,900/- along with interest @ 9% p.a. from the date of petition till its deposit. 2. The brief facts of the case are that on 28.07.2016 at about 6:30 p.m., the claimant was walking on the left side of Ullenahalli Road on the Konanur–Kushalanagara Road. At that time, the rider of a TVS Star City motorcycle bearing Registration No. KA-13/EH-0116, proceeding from Kushalanagara side, rode the vehicle in a rash and negligent manner and dashed against the claimant. As a result of the said - 3 - HC-KAR NC: 2026:KHC:26910 MFA No. 1231 of 2020 accident, the claimant sustained fracture injuries. Immediately after the accident, the claimant was shifted to Janapriya Hospital, Hassan, where he was admitted as an inpatient for a period of 15 days and received treatment. It is further seen from the records that an FIR came to be registered on 30.07.2016, i.e., two days after the accident, against the rider of the motorcycle, namely Mahadeva C.L. On the very same day, another FIR in Crime No.231/2016 was registered against an unknown person. Subsequently, the claimant filed a claim petition before the Tribunal against the appellant–Insurance Company and the owner of the motorcycle, namely Sannakalaiah. 3. The Tribunal, upon consideration of the oral and documentary evidence placed on record, partly allowed the claim petition and awarded compensation, as stated therein. 4. Being aggrieved by the said judgment and award, the Insurer, is in appeal. 5. Though notice is served to the respondents, they remained unrepresented. - 4 - HC-KAR NC: 2026:KHC:26910 MFA No. 1231 of 2020 6. Apart from urging several contentions, learned counsel for the appellant-Insurance Company primarily contended that on perusal of Exs.P1 and R2, it depicts that initially one Mahadeva C.L. was shown as accused as per Column No.6 of the FIR i.e., Ex.R2 and subsequently another FIR was registered in the same crime number against unknown person i.e., Ex.P1. According to him, the person who rode the motorcycle i.e., Mahadeva C.L. was not holding valid driving license at the time of incident. As such, the Police registered another FIR against unknown person and in the charge sheet they implicated one Darshan C.M. as accused that he was riding motorcycle at the time of incident. The said Darshan C.M. is none other than the son of Mahadeva C.L and these aspects of the matter are not properly dealt with by the Tribunal. Accordingly, he prays to allow the appeal. 7. I have given my anxious consideration to the submission made by the learned counsel for the appellant and perused the impugned award and documents available on record. 8. As could be gathered from records, though the accident in question is not in dispute, on perusal of Exs.P1 and - 5 - HC-KAR NC: 2026:KHC:26910 MFA No. 1231 of 2020 R2 i.e., FIRs, Ex.R2 was initially registered on 30.07.2016 based on the complaint lodged by one Kalaiah. In the said FIR, one Mahadeva C.L. was shown as accused and stated that he was riding the motorcycle at the time of incident. Subsequently, on the same day i.e., 30.07.2016, Ex.P1 came to be registered against unknown person. After completing investigation, charge sheet was laid against one Darshan C.M. Strangely, the said Darshan C.M. is none other than the son of Mahadeva C.L., against whom the initial FIR was registered. On perusal of the impugned award, the Tribunal has opined that, to prove these aspects of the matter, Investigation Officer has not been examined. However, on perusal of the evidence, PW.2 is none other than the ASI, who registered both Exs.P1 and R2- FIRs and deposed accordingly. There is no reason whatsoever stated by the claimant or PW.2 for registration of Ex.P1 after Ex.R2. In such circumstance, a doubt arises in the mind of this Court, whether accused Darshan C.M. was riding the motorcycle at the time of accident or he has been implicated subsequently in view of non holding of driving license by his father Mahadeva C.L. This aspect of the matter has not been properly appreciated by the Tribunal and the Tribunal hurriedly - 6 - HC-KAR NC: 2026:KHC:26910 MFA No. 1231 of 2020 passed the impugned award. Hence, the same requires re- consideration at the hands of the Tribunal. 9. In view of the above, the appeal is allowed. The impugned award dated 27.09.2019 passed in M.V.C.No.413/2018 by the Tribunal is set-aside. The matter is remitted back to the concerned Tribunal for fresh consideration by extending opportunity to both the parties to adduce additional evidence, if any, by issuing notice to both the parties. 10. The amount in deposit before this Court, if any, shall be transmitted to the Tribunal. 11. Registry is directed to send back the Trial Court records along with the certified copy of this judgment, forthwith. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 31