- 1 - HC-KAR NC: 2026:KHC-D:1154 MFA No. 100036 of 2022 C/W MFA No. 102980 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.100036 OF 2022 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.102980 OF 2018 IN MISCELLANEOUS FIRST APPEAL NO.100036 OF 2022 BETWEEN: SMT. MAYAVVA W/O. BASAPPA GODACHALLI, AGE. 53 YEARS, OCC. HOUSEHOLD WORK, R/O. A/P. YAKLASPUR, TQ. MUNDARAGI, DIST. GADAG, NOW AT NAVALUR VILLAGE, TQ. DIST. DHARWAD. …APPELLANT (BY SRI. C.S. NAGASHETTI, ADVOCATE) AND: 1. MAILARAPPA S/O. RAYAPPA KURIYAVAR, AGE. 29 YEARS, OCC. BUSINESS, R/O. GURUPADESHWAR NAGAR, A/P. SHIRAGUPPI, TQ. HUBLI, DIST. DHARWAD. 2. THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., JANARDHAN ARCADE, JUBILEE CIRCLE, P.B. ROAD, DHARWAD. …RESPONDENTS (BY SRI. S.V. YAJI, ADVOCATE FOR R2; SERVICE OF NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCED THE COMPENSATION AND MODIFY THE JUDGMENT AND AWARD DATED 17.05.2018 PASSED IN MVC NO.320/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD AND AWARD THE COMPENSATION AS PRAYED FOR IN THE CLAIM WRIT PETITION BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1154 MFA No. 100036 of 2022 C/W MFA No. 102980 of 2018 IN MISCELLANEOUS FIRST APPEAL NO.102980 OF 2018 BETWEEN: THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., JANARADHAN ARCADE, JUBILEE CIRCLE, P.B. ROAD, DHARWAD, REP. BY DEPUTY MANAGER, AUTHORIZE SIGNATORY. …APPELLANT (BY SRI. S.V. YAJI, ADVOCATE) AND: 1. MAYAVVA W/O. BASAPPA GODACHALLI, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, 2. BASAPPA S/O. KARIYAPPA GODACHALLI, AGE: 62 YEARS, OCC: NIL, RESP NO.1 AND 2 ARE R/O: A/P YAKLASPOR, TQ: MUNDRAGI, DIST: GADAG, NOW AT NAVALURU VILLAGE, TQ: AND DIST: DHARWAD, PIN CODE-580009. 3. MAILARAPPA S/O. RAYAPPA KURIYAVAR, AGE: 26 YEARS, OCC: BUSINESS, R/O: GURUPADISHWAR NAGAR, AT AND POST: SHIRAGUPPI, TQ: HUBBALLI, DIST: DHARWAD, PIN CODE-580023. …RESPONDENTS (BY SRI. C.S. NAGASHETTI, ADVOCATE FOR R1; NOTICE TO R2 AND R3 ARE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 17.05.2018 PASSED IN MVC NO.320/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD, SADDLING THE LIABILITY AGAINST THE APPELLANT AND TO MODIFY THE AWARD AGAINST THE APPELLANT AND ETC.,. - 3 - HC-KAR NC: 2026:KHC-D:1154 MFA No. 100036 of 2022 C/W MFA No. 102980 of 2018 THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC No.320/2016 dated 17.05.2018, both the Insurance Company and claimant No.1 are before this Court. Claimant No.1’s appeal is MFA No.100036/2022 and the Insurance Company's appeal is MFA No.102980/2018. 2. The claimant is before this Court for enhancement of the compensation. The Insurance Company is before this Court stating that the claimants have not proved and established that the insured vehicle is involved in the accident. 3. The parties are referred to as per their rank before the Tribunal, for the sake of convenience. 4. Learned counsel appearing for respondent No.2/Insurance Company submits that, since the complaint was lodged after a lapse of 3 days from the date of the accident, it indicates that the complaint is an afterthought. As per Wound - 4 - HC-KAR NC: 2026:KHC-D:1154 MFA No. 100036 of 2022 C/W MFA No. 102980 of 2018 Certificate i.e. Ex.P.9, respondent No.1 had sustained simple injury and had got discharged against Medical Advise. According to the claimants, respondent No.1 had been to the hospital by 10:25 p.m. and the age of the injury is below 12 hours. However, the Wound Certificate and the treatment records of the deceased were not produced. Without the Wound Certificate, the Court had considered and passed the order. It is also the case that the Tribunal has not considered the complaint filed by the brother of the deceased stating that his brother is also admitted to KIMS Hospital, Hubli and he was in emergency ward. The claimants have not produced any medical records or reports relating to the injuries allegedly sustained by the deceased or the treatment said to have been taken at KIMS Hospital, Hubli. In the absence of such documentary evidence, it is evident that the deceased did not die as a result of the alleged road traffic accident and that the insured vehicle was not, in fact, involved in the said accident. It is submitted that, the deceased was a pillion rider. The complaint is given after 3 days and even the rider of the vehicle was not examined. All these circumstances strengthen the case of the Insurance Company. - 5 - HC-KAR NC: 2026:KHC-D:1154 MFA No. 100036 of 2022 C/W MFA No. 102980 of 2018 5. Learned counsel appearing for claimant No.1 submits that, after conducting a full-fledged investigation, the police have filed a charge sheet against the insured vehicle. In that case, burden lies on the Insurance Company to produce the evidence to say that the said charge sheet is filed without any investigation and any other material if required, they have to file. But, without doing any of it, they cannot come before this Court and submit that the vehicle is not involved in the accident. 6. Having heard the counsels on either side, perused the material on record. It is an undisputed fact that, after 3 days from the date of the accident the complaint is filed. The rider of the vehicle was not examined. The brother of the deceased was along with him when he was admitted in the hospital. But in the FIR, he has taken a different stand. The Wound Certificate was not produced. Initially, as per the certificate, it shows that there are no injuries, respondent No.1 was discharged against the medical advice. All the material records and non-examination of the rider of the vehicle is fatal to the case of the claimants. In that view of the matter, balancing the interests of both the parties, this Court deems it appropriate to set-aside the award - 6 - HC-KAR NC: 2026:KHC-D:1154 MFA No. 100036 of 2022 C/W MFA No. 102980 of 2018 dated 17.05.2018 and remand the matter to the Tribunal. Hence, the Court is passing the following: ORDER (i) Accordingly, *MFA No.100036/2022 filed by claimant No.1 is dismissed and *MFA No.102980/2018 filed by the Insurance Company is allowed in part. (ii) The order dated 17.05.2018 passed in MVC No.320/2016 by the Principal Senior Civil Judge and CJM and Additional M.A.C.T., Dharwad is set-aside and the matter is remanded to the Tribunal. (iii) Both the parties are at liberty to adduce evidence and all the issues are left open for the Tribunal to decide. (iv) Without further notice from the Tribunal, the parties shall appear before the Tribunal on 17.02.2026. (v) Within 6 months from 17.02.2026, the Tribunal shall dispose of the matter. (vi) Amount in deposit shall be forthwith transferred to the Tribunal and the Tribunal * Corrected vide order dated 12.02.2026. Sd/- JUDGE - 7 - HC-KAR NC: 2026:KHC-D:1154 MFA No. 100036 of 2022 C/W MFA No. 102980 of 2018 is directed the deposit the same in a fixed deposit. Sd/- JUSTICE LALITHA KANNEGANTI RH CT: UMD List No.: 2 Sl No.: 18