- 1 - HC-KAR CNR: KAHC010311612021 NC: 2026:KHC:48370-DB MFA No. 1276 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN MISCELLANEOUS FIRST APPEAL NO. 1276 OF 2022 (MV-D) BETWEEN: 1. KUMARI KAVYA WADDAR @ KAVYA @ KAVERI D/OLATE LAXMAN WADDARA @ LAXMAN BANDIWADDAR @ LAXMAN AGED 14 YEARS MINOR REPRESENTED BY HER GUARDIAN AND GRAND MOTHER SMT. HANAMAVVA BANDIWADDARA @ HAMAMAVVA KARIYAPPA BANDIWADDARA W/O KARIYAPPA 2. SMT. HANAMAVVA BANDIWADDARA @ HANUMAVVA KARIYAPPA BANDIWADARA W/O KARIYAPPA AGED ABOUT 74 YEARS 3. SMT. MANJAVVA WADDAR W/O LATE LAXMAN WADDARA @ LAXMAN BANDI WADDAR @ LAXMAN AGED ABOUT 36 YEARS 4. MASTER ABHISHEK AGED ABOUT 16 YEARS S/O LATE LAXMAN WADDARA @ LAXMAN BANDI WADDAR @ LAXMAN Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010311612021 NC: 2026:KHC:48370-DB MFA No. 1276 of 2022 5. KUM. SHRUSHTI WADDAR @ SHRUSHTI D/O LATE LAXMAN WADDARA @ LAXMAN BANDI WADAR @ LAXMAN AGED ABOUT 13 YEARS APPELLANT No.4 AND 5 ARE MINORS REPRESENTED BY THEIR GUARDIAN AND MOTHER SMT. MANJAVVA WADDAR W/O LATE.LAXMAN WADDARA @ LAXMAN BANDI WADDA @ LAXMAN ALL ARE R/AT JALIHAL BADAMI BAGALKOT, KARNATAKA PIN 587114 …APPELLANTS (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND: 1. MR VENU GOPAL SHETTY S/O LATE KORAGAPPA SHETTY AGED ABOUT 44 YEARS R/AT DOOR NO. 2-110/1/3 NEAR KONDANA DWARA MADOOR KOTEKAR MANGALURU D.K. DISTRICT PIN 575002 2. THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO LTD BEAUTY PLAZA, BALMATTA ROD, MANGALURU, D.K DISTRICT PIN 575001 …RESPONDENTS (R2- THE DIVISIONAL MANAGER, ORIENTAL INS. CO. LTD., MANGALURU, D.K.DISTRICT-SERVED) - 3 - HC-KAR CNR: KAHC010311612021 NC: 2026:KHC:48370-DB MFA No. 1276 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.04.2021 PASSED IN MVC NO. 974/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MEMBER, MACT-IV, DAKSHINA KANNADA, MANGALURU, 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 D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short, 'the MV Act') has been filed impugning the judgment and award dated 01.04.2021 in MVC No.974/2017 passed by the III Additional District and Sessions Judge and Motor Accident Claims Tribunal IV, Dakshina Kannada, Mangaluru instituted by the appellants under Section 166 of the MV Act claiming a compensation of Rs.20,00,000/- from the respondent-Oriental Insurance Company Ltd., on account of the death of Mr.Laxman. The appellants asserted that the deceased succumbed to injuries sustained in a motor vehicle accident on 14.12.2016 at a construction site, allegedly - 4 - HC-KAR CNR: KAHC010311612021 NC: 2026:KHC:48370-DB MFA No. 1276 of 2022 caused when a jeep bearing Registration No. KA-19-AA-7352 hit a supporting pole. 2. The learned MACT, upon careful examination of the facts and the evidence placed on record, arrived at a conclusion that no such motor vehicle accident ever took place. The Tribunal found that the deceased had sustained injuries after falling down from the first floor of the construction site on 14.12.2016. The medical records, specifically the case sheet of the deceased Laxman issued by the Yenepoya Medical College Hospital (marked as Ex.P15) along with the corresponding death summary, clearly disclose that the deceased was admitted on 14.12.2016 due to severe injuries from a fall, and subsequently passed away on 25.12.2016. Paragraph 13 of the Tribunal's judgment detailing this finding reads as under: "13. The respondent No.2 has produced copy of the wound certificate issued by Yenepoya Medical College Hospital at Ex.R3. This certificate is not disputed by the petitioner. In Ex.R3 it has been shown that on 14.12.2026 at 2.30 p.m. Laxman was admitted in the hospital with history that on 14.12.2016 at about 11.30 a.m. he fall from height at K.C.Road. The case sheet of Laxman is called from Yenepoya Medical College Hospital at Ex.P15. - 5 - HC-KAR CNR: KAHC010311612021 NC: 2026:KHC:48370-DB MFA No. 1276 of 2022 In the death summary and also in the history sheet at Ex.p15 the hospital authorities have shown that Laxaman was admitted in the hospital on 14.12.2016 and he died on 25.12.2016. It has been specifically narrated that, Laxman was admitted in hospital with history of fall from height (first floor) at 11.30 a.m. at K.C.Road. The entries in Ex.P15 are not disputed by the petitioners. Therefore, the history sheet at Ex.P15 and wound certificate at Ex.R3 reveal that Laxman fall from height i.e., from first floor at about 11.30 a.m. in K.C. Road and sustained injury. For such injuries he took treatment in Yenepoya Medical College Hospital, Mangaluru and died during the treatment. As already stated, there is a delay of more than five days in reporting the incident to the police. As per the evidence of P.W.2 she was one of the eye witness and along with her, there were five people who assembled immediately after the incident. Neither P.W.2 nor those five persons informed the incident to the police on 14.12.2016 or within reasonable time. Even the P.W.2 or other co-worker not informed the hospital authorities at Yenepoya Medical College Hospital that there was road traffic accident and in that accident Laxman sustained injuries. So, the injuries sustained by him in road traffic accident has not been informed either by deceased or by his co-worker or by the persons who admitted Laxman in hospital to hospital authorities. On the contrary it has been reported that Laxman fell down from first floor and sustained injuries. If really the vehicle of respondent No.1hit to supporting pole, that fact would have been noticed by co-workers or bypassers as the incident - 6 - HC-KAR CNR: KAHC010311612021 NC: 2026:KHC:48370-DB MFA No. 1276 of 2022 tookplace in the day time. Nobody informed the incident to police. Therefore, the delay in registration of FIR and the history noted in the records of Yenepoya hospital at Ex.P15 and Ex.R3 supporting the defence of the respondent No.2 and not the claim of the petitioner." 3. When the undisputed medical evidence and the clear facts established on record prove that no motor vehicle accident occurred, and that the deceased died solely due to injuries suffered from a fall from first floor on 14.12.2016, we find no error of law or facts in the impugned judgment. Consequently, we find no ground to interfere with the well- considered judgment and award passed by the learned MACT. Accordingly, the appeal is dismissed. No costs. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE RKA List No.: 1 Sl No.: 7