IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 21^ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS JUSTICE GEETHA K.B.

MISCELLANEOUS FIRST APPEAL NO. 103470 OF 2016 (MV-D)

BETWEEN:

1. AYYAPPA SAJJAN S/O. BASAPPA SAJJAN, AGE: 53 YEARS, OCC: SDC IN RTO OFFICE, KOPPAL, R/O: KUSHTAGI, NOW AT HIRE JANTAKAL, GANGAVATHI, DIST: KOPPAL-583227.

2. SMT. NEELAMMA W/O. AYYAPPA SAJJAN, AGE: 48 YEARS, OCC: NIL, R/O: KUSHTAGI, NOW AT HIRE JANTAKAL, GANGAVATHI, DIST: KOPPAL-587227.

…APPELLANTS (BY SRI. DEEPAK MAGANUR, ADVOCATE)

AND:

Digitally signed by BHARATHI H M Location: HIGH COURT OF 1. JEEVANKUMAR S/O. CHANDRASHEKHAR KARNATAKA DHARWAD BENCH AGE: 26 YEARS, OCC: OWNER OF MOTOR CYCLE Date: 2025.11.29 11:39:34 +0530 UP 70/DB-0187, R/O: 508, ABW FORT, ALLAHABAD, U P STATE-211002.

2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE: SANMAN TOURIST HOTEL COMPLEX, CBS CIRCLE, ISLAMPUR, GANGAVATHI, DIST: KOPPAL, KARNATAKA STATE-583227.

…RESPONDENTS (BY SRI S.S. KOLIWAD, ADVOCATE FOR R2;

NOTICE TO R1 DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR RECORDS AND MODIFY THE JUDGMENT & AWARD DATED:27.07.2016, PASSED IN MVC.NO.143/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL AT GANGAVATHI, BY AWARDING THE COMPENSATION AS CLAIMED IN TH CLAIM PETITION IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

ORAL JUDGMENT

(PER: THE HON'BLE MRS JUSTICE GEETHA K.B.)

The appellant has filed this appeal under Section

173(1) of the Motor Vehicle Act, 1988 (for short ’MV Act’) being aggrieved by the dismissal of claim petition in MVC No.143/2013 dated 27.07.2016 on the file of Senior Civil Judge and MACT, Gangavathi (for short ’Tribunal’).

2. Parties would be referred to their ranks as they were before the Tribunal for the sake of convenience and clarity.

3. The claimants have filed claim petition under Section 163-A of M.V. Act 1988, praying for compensation in respect of death of one Praveen, son of Ayyappa Sajjan due to the accident occurred on 20.01.2013 involving Motorcycle bearing Regn.No.UP-70/BD-0187 on Sivayoga Mandira-Banashankari road at Badami. The claimants are the parents of the deceased and contended that deceased died while taking treatment. He was hale & healthy, was studying at B.E.; doing part time job and getting income of Rs.3,300/- per month and due to the accident, claimants have lost their earning member of the family. Hence, they claim compensation.

4. On service of notice, respondent No.1 has not appeared and he was placed exparte before the Tribunal.

5. Respondent No.2 appeared through its counsel and filed its objection statement wherein it contended that the petition is not maintainable as the deceased himself was tort-feaser and it denied its liability and hence prayed for dismissal of petition.

6. On behalf of claimants, claimant No.1 was examined as P.W.1, examined a witness as P.W.2 apart from marking Ex.P.1 to P.11 and closed their side before the Tribunal. On behalf of respondent No.2, R.W.1 was examined apart from marking Exhibits R.1 to R.10 and closed its side before the Tribunal.

7. After recording evidence of both sides and hearing arguments of both sides, the Tribunal dismissed the claim petition on the ground that the deceased was rider of the motorcycle, by borrowing the same from its owner and hence he stepped into the shoes of the owner and hence, he being deemed owner is not entitled for compensation.

8. Aggrieved by the same, the appellants/claimants have filed the present appeal.

9. Learned counsel for appellants Sri Deepak Maganur would submit that when the Tribunal comes to the conclusion that deceased is a tort-feasor and stepped into the shoes of owner, as there was coverage of personal accident under the insurance policy, the Tribunal ought to have awarded compensation under Section 163-A of the M.V Act. In this regard, he places reliance on the judgment of H