IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9^TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE GEETHA K.B.

MISCELLANEOUS FIRST APPEAL NO. 100310 OF 2016 (MV-I)

BETWEEN:

THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, MARUTI GALLI, BELAGAVI, REPRESENTED BY ITS UNITED INDIA INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, SANGAM BUILDING, S.S. FRONT ROAD, OPPOSITE: SIDDARAMESHWAR TEMPLE, PB NO-60, VIJAYAPURA-586101, BY ITS DIVISIONAL MANAGER.

…APPELLANT BHARATHI (BY SRI. NAGANAGOUDA R. KUPPELUR, ADVOCATE)

H M AND:

Digitally signed by BHARATHI H M Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD 1. NINGAPPA S/O. GURULINGAPPA BARAGAL, AGE: 64 YEARS, OCC: AGRICULTURE AND COOLIE (NOW NIL), R/O: CHIMMAD, TQ: JAMAKHANDI, DIST: BAGALKOT.

2. MAHADEV S/O. GANGAPPA ATHANI, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: HOSUR VILLAGE, TQ: JAMKHANDI, DIST: BAGALKOT.

(OWNER OF THE MOTOR CYCLE NO. KA-48/H-4882)

…RESPONDENTS (BY SRI. N.L. BATAKURKI, ADVOCATE FOR R1;

SRI. VIJAYKUMAR B. HORATTI, ADVOCATE FOR R2)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT 1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH MVC.NO.451/2012 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AND MOTOR ACCIDENTS CLAIMS TRIBUNAL-NO.VI JAMAKHANDI, EXAMINE THE SAME AND SET ASIDE THE AWARD DATED 20-10-2015 AS AGAINST THE APPELLANT IN THE INTEREST OF JUSTICE.

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

ORAL JUDGMENT

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

This is the appeal filed under Section 173(1) of the Motor Vehicles Act, 1988 (for short, ‘M.V. Act’) challenging the judgment and award dated 20.10.2015 passed in MVC No.451/2012 on the file of Additional Senior Civil Judge and JMFC and MACT-VI, Jamkhandi (for short, ‘Tribunal’) by the appellant/insurer.

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

3. The claimant has filed the claim petition under Section 166 of M.V. Act praying for compensation in respect of the accident that has taken place on 27.04.2012 at 11.00 a.m. on Chimmad-Mahalingpur Road involving motorbike bearing Reg.No.KA-48/H-4882.

4. The contention of the claimant is that on

27.04.2012, he was proceeded towards Mahalingpur Road near Chimmad Bus-stand and at the time, the rider of motorbike bearing No.KA-48/H-4882 ride the motorbike in rash and negligent manner and dashed against the claimant and thereby claimant sustained grievous injury i.e., fracture of right femur bone and he has taken treatment at Dr.Sanadi Hospital, Jamkhandi and thus sustained injuries and hence prayed for compensation under different heads.

5. After service of notice, respondent No.1 appeared through his counsel and filed his objection statement, wherein he denied the averments made in the claim petition and further contented that the vehicle in question was insured with respondent No.2 and rider was having valid driving licence and hence prayed for dismissal of the claim petition.

6. Respondent No.2-insurer filed its objection statement, wherein it denied the averments made in claim petition in toto and further contended that the claimant was not the earning member of the family and at the time of alleged accident, the rider of the motorbike was not having valid and effective driving licence and thus there is breach of conditions of the policy and respondent No.2 is not liable to make payment of compensation.

7. On behalf of claimant, claimant was examined as P.W.1 apart from marking Exs.P.1 to P.12 before the Tribunal and on behalf of respondent No.2, R.W.1 was examined and insurance policy is marked as Ex.R.1.

8. After hearing the arguments of both sides, the Tribunal came to the conclusion that the rider of the motorbike was having valid and effective driving licence and also held that the accident occurred due to rash negligent riding of the rider of the motorbike and thus granted global compensation of ₹.75,000/- to the