- 1 - HC-KAR NC: 2026:KHC:32093 MFA No. 6346 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 6346 OF 2023 (MV-I) BETWEEN: 1. ABDUL KHUDDUSH S/O LATE ABDUL KHADAR AGED ABOUT 48 YEARS R/O No.313, 9TH CROSS LEELAVATHI EXTENSION MADDUR TOWN MANDYA DISTRICT -571 421. …APPELLANT (BY SRI SREENIVASAN M Y, ADVOCATE) AND: 1. LALITHA W/O VENKATESH AGED ABOUT 45 YEARS R/AT ARAGANAMELE VILLAGE KOPPA HOBLI, MADDUR TQ, MANDYA DISTRICT - 571 421. 2. THE MANAGER UNITED INDIA INSURANCE CO LTD., No.119/B, KAMABLI BUILDING M C ROAD, ASHOKNAGARA MANDYA CITY - 571 401. …RESPONDENTS (BY SRI MALLESHA K M, ADVOCATE FOR R1 SRI JANARDHAN REDDY, ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32093 MFA No. 6346 of 2023 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.06.2023 PASSED IN MVC No.34/2018 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., MAMACT, MADDUR, AWARDING COMPENSATION OF Rs.4,83,754/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT OF THE AWARD AMOUNT. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the owner of the vehicle – respondent No.1 before the Tribunal challenging the judgment and award dated 03.06.2023 passed in MVC No.34/2018 by Additional Senior Civil Judge and MACT, Maddur. 2. Even though the appeal is listed today for admission, the appeal is taken up for disposal with consent of learned counsel for the appellant and learned counsel for respondent No.2. 3. Respondent No.1 –claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident which took - 3 - HC-KAR NC: 2026:KHC:32093 MFA No. 6346 of 2023 place on 19.03.2017, contending that the appellant was owner and rider of the motor cycle. He drove his motor cycle bearing registration No.KA-02/EW-4102 in a rash and negligent manner and caused the accident. The appellant was respondent No.1 before the Tribunal has filed written statement contending that he is registered owner of motor cycle bearing registration No. KA-02/EW- 4102 and he has been insured his vehicle with respondent No.2 and he was riding motor cycle as on the date of the accident. Respondent No.2 –insurer has also appeared before the Tribunal and filed written statement denying the averments of claim petition, liability of insurer, accident, avocation of the claimant etc. The Tribunal has framed following issues: “1. Whether the petitioner proves that she was sustained grievous injuries in RTA occurred on 19.03.2017 at about 5.30 p.m, near T Ballekere Circle, Maddur-Koppa Road, Maddur Taluk, on account of rash and negligent manner of the Bajaj Pulser Motorcyle bearing Registry is directed to - 4 - HC-KAR NC: 2026:KHC:32093 MFA No. 6346 of 2023 secure trial Court records. No.KA-02-EW-4012 by its rider? 2. Whether the petitioner is entitled for compensation? If so, from whom? 3. What Order?” 4. The claimant has been examined as P.W.1 and got marked documents as Ex.P1 to 22. Respondent No.2’s official has been examined as R.W.1 and got marked document as Ex.R1. The appellant herein who is respondent No.1 therein has not lead any evidence. The Tribunal appreciating the evidence on record has allowed the claim petition awarding compensation of Rs.4,83,754/- with interest at the rate of 6% per annum from the date of petition till reliasation and saddled the liability on the appellant –owner of the vehicle. The appellant has challenged the said finding of the tribunal in the present appeal. 5. Heard learned counsel for the appellant and learned counsel for respondent No.2 –insurer. - 5 - HC-KAR NC: 2026:KHC:32093 MFA No. 6346 of 2023 6. Learned counsel for the appellant has filed IA No.1/2023 under order 41 Rule 27 of CPC praying to produce additional documents namely ‘B’ extract of motor cycle bearing registration No. KA-02/EW-4102. 7. Learned counsel for the appellant would contend that he has taken specific defence in para No.8 of the his written statement that he is owner of the vehicle having purchased from one Amar. His vehicle is insured with respondent No.2. He further submits that the appellant was rider of the said motor cycle as on the date of accident and he was possessing driving license as on the day of accident. He further submits that merely FIR has been registered against one Amar, the Tribunal has disbelieved charge sheet filed against the appellant and saddled liability on him on the ground that the name of this appellant has been added in the charge sheet as driver. He further submits that the said Amar against whom FIR has been registered was not holding driving license and the appellant is holding driving license as on - 6 - HC-KAR NC: 2026:KHC:32093 MFA No. 6346 of 2023 the date of accident. He further submits that the insurance policy was valid as on the day of the accident and the liability is on the insurer to pay compensation. He prayed to remand the matter to the Tribunal and submits that Rs.25,000/- deposited by him toward statutory deposit can be adjusted towards interest in the case of liability is saddled on the insurer. 8. Learned counsel for respondent No.2 insurer would contend that FIR has been registered against one Amar and appellant in collusion with police got filed charge sheet inserting him as driver and owner of the vehicle. Considering the same, the Tribunal has rightly saddled the liability to pay compensation on the appellant. He further submits that if the matter is remanded to Tribunal for affording opportunity to the appellant then liability to pay interest on the award is to be on the appellant. 9. Having heard learned counsels, the Court has perused judgment, award and trial Court records. - 7 - HC-KAR NC: 2026:KHC:32093 MFA No. 6346 of 2023 10. The charge Sheet –Ex.P10 indicate that the appellant was owner and he was riding the motor cycle bearing registration No.KA-02/EW-4102 at the time of the accident. Accident occurred due to rash and negligent driving of the motor cycle. Ex.P1 is FIR indicates that one Amar and case has been registered against him. Ex.P2 is the further statement of complainant, therein, he stated that the appellant was riding a motorcycle at the time of the accident. On perusal of the written statement of the appellant, he has taken up by contentions in para No.8 as under: “8. This respondent submit that this respondent is the owner of the Bajaj Pulser Motor Cycle bearing No.KA.02/EW.4012, and also riding the said vehicle on the date of the accident. On 07.05.2009, the said vehicle is transferred from one Sr.Amar, S/o Rajaiah Singh, Medara Beedi, 1st Division, Ramanagara, from that date onwards I am in possession and enjoyment of the said vehicle.” - 8 - HC-KAR NC: 2026:KHC:32093 MFA No. 6346 of 2023 11. The appellant has taken the contention that he is owner of the vehicle got purchased from the said Amar and he has insured his vehicle with respondent No.2. He was riding motor cycle at the time of the accident. In order to establish the said aspect, the appellant has not entered the witness box. Learned counsel for the appellant submits that the appellant was having driving license and the said Amar against whom FIR is registered is not having driving license. The said motor cycle is registered in the name of this appellant as owner in RC particulars and name is entered in the year 2009. Considering the said aspect, the appellant has to given an opportunity to lead evidence. Therefore, the matter requires to be remanded back to the Tribunal to afford an opportunity to the appellant to lead evidence. If the appellant established that the liability is on the respondent No.2 –insurer, than statutory amount deposited by the appellant in sum of Rs.25,000/- is to be adjusted to the interest payable by the insurer. The view of the above, the following - 9 - HC-KAR NC: 2026:KHC:32093 MFA No. 6346 of 2023 ORDER i) The appeal is allowed. ii) The judgment and award dated 03.06.2023 passed in MVC No.34/2018 by Additional Senior Civil Judge and MACT, Maddur is set aside. The matter is remanded to the Tribunal to give an opportunity to the appellant to lead evidence and produce documents and the Tribunal has to ascertain only liability after the appellants leads his evidence. iii) The Tribunal shall not change its findings with regard to quantum of compensation already determined. iv) Parties are directed to appear before the Tribunal without awaiting any Court notice on 03.08.2026. v) The amount in deposit is directed to be transmitted to the Tribunal. - 10 - HC-KAR NC: 2026:KHC:32093 MFA No. 6346 of 2023 vi) Registry is directed to send back trial Court records with copy of this judgment to the Tribunal forthwith. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 48