- 1 - HC-KAR NC: 2026:KHC:32545 MFA No. 5808 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.5808 OF 2015(MV-I) BETWEEN: THE ORIENTAL INSURANCE CO. LTD., TUMKUR BRANCH OFFICE, THROUGH ITS REGIONAL OFFICE, LEO SHOPPING COMPLEX, #44/45, RESIDENCY ROAD, BANGALORE - 25. REPRESENTED BY ITS DEPUTY MANAGER, SMT.B.S. PADMAJA. …APPELLANT (BY SRI.ANUP SEETHA RAMA RAO, ADVOCATE) AND: 1. SRI. VENKATACHALA, AGED ABOUT 44 YEARS, S/O LATE HONNAGIRAIAH, R/O THURUVEKERE VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 567 103. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32545 MFA No. 5808 of 2015 2. MR. CHIKKANNA, AGED ABOUT 46 YEARS, S/O RANGAIAH, RESIDENT OF SALANTHRI PALYA, KASABA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 567 103. (OWNER OF MOTOR CYCLE NO.KA-06/V-8488). …RESPONDENTS (R1 AND R2 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 2.6.2015 PASSED IN MVC NO.1196/2011 ON THE FILE OF THE SENIOR CIVIL JUDE, JMFC, MACT-15, KUNIGAL, AWARDING A COMPENSATION OF RS.6,28,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:32545 MFA No. 5808 of 2015 ORAL JUDGMENT This appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 02.06.2015 passed in MVC.No.1196/2011 on the file of the Senior Civil Judge and MACT-XV, Kunigal. 2. Heard the learned counsel for the appellant. Inspite of service of notice, respondents remained absent, hence placed ex-parte. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The injured-claimant met with an accident on 28.12.2010 and filed claim petition claiming compensation of Rs.10,00,000/-. The Tribunal after considering entire evidence on record, granted compensation of Rs.6,28,000/- with interest at the rate of 6% per annum from the date of petition till realisation. Aggrieved by the said order, insurance company preferred this appeal and mainly contended that first respondent manipulated police records to wrongfully fix the Motor Cycle No.KA.06/V-8488, insured with the appellant. It is apparent that the second respondent, local police and the Government Doctor at Kunigal have joined hands to manipulate - 4 - HC-KAR NC: 2026:KHC:32545 MFA No. 5808 of 2015 records to cause wrongful loss to the appellant. It is stated that the Tribunal erred in holding that the accident occurred due to the negligent driving of the rider of the Motor Cycle, which is insured with the appellant. The fact is that the claimant had suffered injuries when he fell down due to skidding of his two wheeler as per the earliest Medical record i.e., Accident and Trauma Chart prepared by HOSMAT Hospital on 29-12-2010. But respondent Nos.1 and 2 manipulated the records and got award in their favour. It is further stated that the Tribunal erred in granting the compensation and the petitioner was neither a manual labour nor engaged in hard work. The Tribunal held that the petitioner was a pillion rider contrary to the material available on record and thus requested the Court to set aside the order passed by the Tribunal. 4. Learned counsel for the appellant mainly contended that as per the accident and Trauma Chart of the Hosmat Hospital dated 29.12.2010, it was mentioned that "alleged to have skid and fall from two wheeler on 28.12.2010". But the Tribunal has not considered the said document. Though the injured-claimant was rider of the motorcycle, it was shown in the petition that he was pillion rider. The Tribunal failed to - 5 - HC-KAR NC: 2026:KHC:32545 MFA No. 5808 of 2015 appreciate the facts properly. It is a case of self-fall and as such, insurance company is not liable to pay the compensation. 5. PW.2-Doctor is also examined and he stated that as per the history of road traffic accident (RTA), it was skid and fall from the two wheeler. This clearly shows that the petitioner himself fallen from the motorcycle and sustained injuries and as such the insurance company is not liable to pay any compensation. The Tribunal failed to appreciate the facts properly and granted the compensation which is patently erroneous. Therefore, this Court finds it just and reasonable to set aside the order passed by the Tribunal and allow the appeal filed by the insurance company. 6. In view of the above, appeal is allowed. The amount already deposited by the insurance company is to be refunded to the insurance company. Sd/- (P SREE SUDHA) JUDGE SMJ List No.: 1 Sl No.: 34