- 1 - HC-KAR CNR: KAHC010037242020 NC: 2026:KHC:36168 MFA No. 1440 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.1440 OF 2020(MV-I) BETWEEN: SRI VENKATESHA L.K S/O KARIGOWDA AGED ABOUT 29 YEARS, R/AT LINGAPATNA VILLAGE HALAGUAR HOBLI, MALAVALLI TALUK MANDYA DISTRICT …APPELLANT (BY SMT. BHUSHANI KUMAR, ADVOCATE) AND: 1. SRI MAHESH K.M S/O MADEGOWDA AGED ABOUT 35 YEARS, R/AT KENKERAMMA TEMPLE STREET KANAKAPURA TOWN RAMANAGARA DISTRICT - 562 117 2. THE GENERAL MANAGER RELIANCE GENERAL INSURANCE BRANCH OFFICE AT 1ST FLOOR KRUTHIKA ACRADE, NEAR N.R.CIRCLE, HOLENARASIPURA ROAD, HASSAN - 573 401 KARNATAKA …RESPONDENTS Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010037242020 NC: 2026:KHC:36168 MFA No. 1440 of 2020 (BY SRI. A GOVINDARAJU, ADVOCATE FOR R1, SRI. D. VIJAYAKUMAR, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED.29.06.2019, PASSED IN MVC NO.620/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, 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 RAJESH RAI K ORAL JUDGMENT The claimant/appellant has preferred this appeal against the judgment dated 29.06.2019 passed in M.V.C.No.620/2016 by the Senior Civil Judge and MACT at Malavalli (for short, 'the Tribunal'), whereby the Tribunal dismissed the claim petition filed by the claimant under Section 166 of Motor Vehicle Act, 1988. 2. The brief facts leading to the filing of the claim petition are that, on 02.02.2016 at about 1:30 p.m., the claimant was riding his motorcycle bearing Registration No. KA- 05-JB-1307 from Lingapatna towards Halagur. When he reached near Benamanahalli Village, the rider of another motorcycle bearing Registration No. KA-42-Q-5251 rode the - 3 - HC-KAR CNR: KAHC010037242020 NC: 2026:KHC:36168 MFA No. 1440 of 2020 vehicle in a rash and negligent manner and dashed against the claimant's motorcycle. As a consequence of the said accident, the claimant sustained grievous injuries and was initially shifted to the General Hospital, Halagur, where he received first aid. Thereafter, he was taken to Rajarajeshwari Medical College and Hospital, Mysuru Road, Kengeri, and subsequently shifted to Rajalaxmi Multi-Specialty Hospital, J.P. Nagar, Bengaluru, for further treatment. 3. Subsequently, jurisdictional police registered a First Information Report against the rider of motorcycle bearing Registration No. KA-42-Q-5251 and, upon completion of the investigation, filed a charge sheet against him for the offences arising out of the accident. Thereafter, the injured claimant filed a claim petition before the Tribunal seeking compensation for the injuries sustained in the accident. 4. In support of the claim petition, the claimant examined himself as PW.1 and produced six documents, which were marked as Exhibits P1 to P6. On behalf of the respondent–Insurance Company, its official was examined as - 4 - HC-KAR CNR: KAHC010037242020 NC: 2026:KHC:36168 MFA No. 1440 of 2020 RW.1, and six documents were marked in evidence on its behalf. 5. Upon appreciation of the oral and documentary evidence placed on record, the Tribunal dismissed the claim petition. Aggrieved the same, the claimant has preferred this appeal. 6. Heard the learned counsel Smt. Bhushani Kumar, for the appellant, learned counsel Sri. A. Govindaraju, for respondent No.1 and learned counsel Sri.D. Vijayakumar, for respondent No.2. 7. The learned counsel for the appellant–claimant, while urging various grounds, primarily contended that the Tribunal committed a manifest error in dismissing the claim petition solely on the basis of the IMV Reports at Exs.P3 and P4, while completely disregarding the oral testimony of PW.1 and the other documentary evidence available on record. According to the learned counsel, the finding recorded by the Tribunal that the offending motorcycle had not sustained any damage and, therefore, the occurrence of the accident itself - 5 - HC-KAR CNR: KAHC010037242020 NC: 2026:KHC:36168 MFA No. 1440 of 2020 was doubtful, is contrary to the material available on record and is unsustainable in law. 8. Placing reliance on Ex.P1–FIR, Ex.P2–Spot Mahazar, and Ex.P6–Charge Sheet, the learned counsel submitted that immediately after the accident, a complaint was lodged by the claimant, pursuant to which the jurisdictional police registered a case, conducted a detailed investigation, and ultimately filed a charge sheet against the rider of the offending motorcycle. She further submitted that the claimant was initially shifted to the General Hospital, Halagur, for first aid treatment and was thereafter admitted to Rajarajeshwari Medical College and Hospital, Mysuru Road, Kengeri. The medical records maintained by the said hospital disclose that the history of the injuries, as furnished by the claimant's sister, specifically records that the injuries were sustained in a collision between two motorcycles. In the light of the said oral and documentary evidence, the learned counsel contended that the Tribunal was not justified in rejecting the claim petition by placing exclusive reliance on Exs.P3 and P4. Accordingly, she prays to allow the appeal - 6 - HC-KAR CNR: KAHC010037242020 NC: 2026:KHC:36168 MFA No. 1440 of 2020 9. Per contra, the learned counsel for the respondent– Insurance Company, by supporting the impugned judgment and award, contended that the Tribunal, upon a meticulous appreciation of the oral and documentary evidence on record, rightly passed the reasoned impugned judgment which does not call for any interference. 10. The learned counsel further contended that Ex.P4 i.e. the IMV Report pertaining to the offending motorcycle, categorically records that "no damages were found at the time of inspection." In view of the said material, the Tribunal was justified in drawing the inference that, in the absence of any damage to the offending motorcycle, the alleged accident involving a collision between the claimant's motorcycle and the offending motorcycle, as pleaded by the claimant, was not established. He further contended that both the insurer and the insured had specifically denied the occurrence of the accident as alleged by the claimant. Therefore, according to the learned counsel, the findings recorded by the Tribunal are based on the evidence available on record and do not suffer from any - 7 - HC-KAR CNR: KAHC010037242020 NC: 2026:KHC:36168 MFA No. 1440 of 2020 illegality or perversity warranting interference by this Court. Accordingly, he prays to dismiss the appeal. 11. I have given my anxious consideration on the submission made by the learned counsel for the parties so also perused the evidence and materials made available on records. 12. As could be gathered from records, it is evident that the occurrence of the accident on 02.02.2016 near Benamanahalli Village and the injuries sustained by the claimant in the said accident are not seriously in dispute. The Tribunal has dismissed the claim petition primarily on the basis of Exhibit P4, namely, the IMV Report relating to the offending motorcycle. 13. It is true that Ex.P4 records that no visible damage was found on the offending motorcycle at the time of its inspection. However, it is pertinent to note that the inspection of the offending motorcycle was conducted on 08.02.2016, i.e., six days after the date of the accident, whereas the claimant's motorcycle was inspected on 05.02.2016. In the said circumstances, the absence of visible damage on the offending - 8 - HC-KAR CNR: KAHC010037242020 NC: 2026:KHC:36168 MFA No. 1440 of 2020 motorcycle by itself could not have been treated as conclusive to disbelieve the occurrence of the accident. 14. It is also relevant to note that, pursuant to the complaint lodged in connection with the accident, the jurisdictional police registered the FIR, conducted a spot mahazar, carried out a detailed investigation, and ultimately filed a charge sheet against the rider of the offending motorcycle. The said police records, namely Exs.P1, P2 and P6, have not been effectively discredited or seriously challenged by the respondent–Insurance Company. 15. Another significant circumstance which merits consideration is that immediately after the accident, the injured was shifted to the General Hospital, Halagur, for first aid and was thereafter referred to Rajarajeshwari Medical College and Hospital, Kambipura, Mysuru Road, Kengeri, for further treatment. The claimant has produced a photocopy of the Accident Register maintained by the said hospital, which records the history of the injuries as: "Collision of two bikes on 02.02.2016 at 14.00 hours near Benamanahalli, Malavalli Taluk, Mandya District." The said history was furnished by the - 9 - HC-KAR CNR: KAHC010037242020 NC: 2026:KHC:36168 MFA No. 1440 of 2020 claimant's sister, Smt. Suma. Although the Accident Register has not been marked, the contemporaneous medical record assumes significance, as it reflects the earliest version of the occurrence furnished to the hospital immediately after the accident. The said entry lends corroboration to the claimant's case that the injuries were sustained in a collision between two motorcycles. 16. In the aforesaid factual background, I am of the considered opinion that the Tribunal was not justified in rejecting the claim petition solely on the basis of Ex.P4 - IMV Report, while overlooking the other material evidence on record, including the police records and the contemporaneous medical records, which probabilise the claimant's version regarding the occurrence of the accident. 17. The learned counsel for the appellant submitted that, if an opportunity is granted by remanding the matter to the Tribunal, the claimant would be in a position to produce the original Accident Register maintained by Rajarajeshwari Medical College and Hospital, Kambipura, Mysuru Road, Kengeri, in support of his case. - 10 - HC-KAR CNR: KAHC010037242020 NC: 2026:KHC:36168 MFA No. 1440 of 2020 18. Having considered the submission and the material available on record, I find considerable merit in the said contention. Since the contemporaneous medical record assumes significance in determining the manner in which the accident occurred, the interests of justice would be adequately served by affording the claimant an opportunity to produce the original record and by permitting the Tribunal to consider the same in accordance with law. 19. For the forgoing reasons, the impugned judgment and award cannot be sustained and are liable to be set aside. The matter deserves to be remitted to the Tribunal for fresh consideration after providing both parties with a reasonable opportunity to adduce such further evidence as may be permissible in law. Hence, I proceed to pass the following: O R D E R i. The appeal is allowed. ii. The judgment and award dated 29.06.2019 passed in M.V.C.No.620/2016 by the Senior Civil Judge and MACT, Malavalli is - 11 - HC-KAR CNR: KAHC010037242020 NC: 2026:KHC:36168 MFA No. 1440 of 2020 set aside and matter is remitted back to the Tribunal for fresh consideration. iii. Parties are at liberty to lead the additional evidence and the documents if any. iv. The Tribunal is also at liberty to frame additional issues if any, to decide the case. v. Parties shall appear before the Tribunal on 12.08.2026 without further notice. vi. Registry is directed to send back the TCR along with certified copy of the judgment to the concerned Commissioner forth with. vii. Tribunal is directed to dispose of the petition at the earliest. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 22