- 1 - HC-KAR NC: 2026:KHC-D:772 MFA No. 100609 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.100609 OF 2021 (MV-D) BETWEEN: THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (PWD), NEAR BASAVESHWAR CIRCLE, GOKAK-591307, TQ. GOKAK, DIST. BELAGAVI. …APPELLANT (BY SMT. GIRIJA HIREMATH, HCGP) AND: 1. SMT. SHANTAWWA W/O. BASAYYA MATHAD, AGE. 44 YEARS, OCC. HOUSEHOLD WORK, R/O. BASALINGUNDI, TAL. GOKAK, DIST. BELAGAVI-590001. 2. SRI. ASHOK S/O. BASAYYA MATHAD, AGE. 23 YEARS, OCC. STUDENT, R/O. BASALIGUNDI, TAL. GOKAK, DIST. BELAGAVI-590001. 3. KUMARI VIDYASHRI D/O. BASAYYA MATHAD, AGE. 21 YEARS, OCC. STUDENT, R/O. BASALIGUNDI, TAL. GOKAK, DIST. BELAGAVI-590001. 4. SMT. ROOPA W/O. BASAYYA MATHAD, AGE. 27 YEARS, OCC. HOUSEHOLD, R/O. GOSBAL, TAL. GOKAK, Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:772 MFA No. 100609 of 2021 DIST. BELAGAVI-590001. 5. SRI. SIDDAYYA S/O. CHANDRAYYA MATHAD, AGE. MAJOR, OCC. AGRICULTURE, R/O. BASALINGUNDI, TQ. GOKAK-591307, (OWNER OF MOTORCYCLE BEARING NO.KA-23/EJ-1099). 6. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., DIVISION OFFICE, MALMURATI GALLI, BELAGAVI-590016, (INSURER OF MOTORCYCLE, BEARING NO.KA-23/EJ/1099), (POLICY NO.2401023115P110335544, VALID FROM 04.12.2015 TO 03.12.2016) …RESPONDENTS (BY SRI. RAVINDRA R.MANE, ADVOCATE FOR R6; NOTICE TO R1 TO R5 ARE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 13.02.2020 PASSED IN MVC NO.474/2017 ON THE FILE OF THE XII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN FAR AS 20 % LIABILITY FOISTED ON THE APPELLANT AND FURTHER BE PLEASED TO DISMISS THE M.V.C. NO.474/2017 AGAINST THE PRESENT APPELLANT AND ETC.,. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:772 MFA No. 100609 of 2021 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.474/2017 dated 13.02.2020 by the XII Additional & Sessions Judge, Belagavi, Sitting at Gokak, the appellant/Assistant Executive Engineer, Public Works Department (PWD) is before this Court. 2. The facts of the case are that on 01.08.2016 at about 11.30 hours, respondent No.5 herein and the deceased was proceeding in a bike. The respondent No.5 was riding his bike and the deceased was a pillion rider. When they came near Byali Basappa temple, the respondent No.5 drove his vehicle negligently, in high speed without observing the conditions of the road and as a result, jumped the vehicle against the speed breaker constructed there. Due to it, the deceased was unseated and he fell to the ground sustained grievous injuries to which he succumbed after 8 days of the treatment. 3. The Tribunal had held that the accident had happened because of the rash and negligent driving of the rider of the vehicle. When it comes to the liability, the Tribunal had held that as it is an Act policy, the owner alone is liable to pay the compensation and fixed the liability at 80%. The Tribunal had - 4 - HC-KAR NC: 2026:KHC-D:772 MFA No. 100609 of 2021 observed that the users of the road cannot presume the existence of road humps. On the contrary, they presume that the road is free from such humps and even if humps are there, there would be cautions apprising them about it. Hence, heavy duty was on the appellant herein to see that the humps on road are readily visible and the users of road are put to its notice. By not putting caution signs and making zebra markings on the said hump, the Appellant herein has committed breach of duty to take care of the users of the road. Accordingly, due to the rash driving of the respondent No.5 and the breach of duty by the appellant, the negligence was apportioned at the ratio of 80:20 respectively. 4. Learned HCGP appearing on behalf of the appellant submits that in a motor accident claim, the liability ought not to have been fixed on the Government. Learned counsel has relied on the judgment of the Hon’ble Apex Court in case of The Government of Karnataka Vs. Cholamandalam M.S. General Insurance Co. Ltd. And Others arising out of Civil Appeal No.5783/2019 dated 15.03.2023, wherein the Hon'ble Apex Court had found fault with the High Court in fixing - 5 - HC-KAR NC: 2026:KHC-D:772 MFA No. 100609 of 2021 the liability on the Government. The Hon’ble Apex Court had further observed that in a claim petition that is filed under Section 166 of the Motor Vehicles Act, 1988, where the compensation was to be determined by rendering a finding with regard to the negligence and the quantum of compensation that is to be paid, as also the liability based on the terms of the contract relating to insurance. In any event, the appellant-State not being a party to the said transaction, could not have been made liable and accordingly set aside the order passed by the High Court. It is submitted that the liability fastened on the appellant is without any basis and the same has to be set aside. 5. Learned counsel appearing for the Insurance Company relying on the above referred judgment submits that there cannot be any liability to the State and as it is an Act policy, the Tribunal had rightly fixed the liability on the owner of the vehicle. However, it has to be fixed at 100%. 6. Having heard the learned counsels on either side, perused the entire material on record. In the light of the law laid down in case of Cholamandalam M.S. General Insurance Co. Ltd. referred supra and the fact that this case is arising out of a - 6 - HC-KAR NC: 2026:KHC-D:772 MFA No. 100609 of 2021 motor accident claim and in the light of the judgment, the Tribunal ought not to have fixed 20% liability on the Government. 7. Accordingly, the appeal is allowed and 100% liability is fixed on the owner of the vehicle to pay the compensation. i. The appellant is at liberty to withdraw the deposited amount. ii. The Registry is directed to send the certified copy of the order passed by this Court to the Tribunal forthwith without any delay. iii. No costs. iv. Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 15