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. 101496 OF 2014 (MV-I)

BETWEEN: GANGAPPA S/O. AJJAPPA, AGE: 51 YEARS, OCC: OWNER OF TRACTOR AND TRALEE BEARING NO.KA.35/T-4089 AND TRALEE NO.35/T-4090, R/O. CHIRABI VILLAGE, KUDLIGI TALUKA, BELLARY DISTRICT.

…APPELLANT (BY SRI. J.M. ANILKUMAR, ADVOCATE)

CHANDRASHEKAR LAXMAN AND:

KATTIMANI Digitally signed by CHANDRASHEKAR 1. EDDAPPARA HEMANNA LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA S/O. LAKSHAMAPPA, DHARWAD BENCH DHARWAD AGE: 27 YEARS, OCC: COOLIE, R/O. CHIRABI VILLAGE, KUDLIGI TALUKA, BELLARY DISTRICT.

2. KAJJI NINGAPPA S/O. MOOGAPPA AGE: 33 YEARS, OCC: DRIVER OF THE TRACTOR AND TRALEE BEARING NO.KA.35/T-4089 AND TRALEE NO.35/T-4090, R/O. CHIRABI VILLAGE, KUDLIGI TALUKA, BELLARY DISTRICT. 3. THE MANAGER, NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, PLOT NO.13C, DOOR NO.22/18, MAIN ROAD, PARVATHI NAGAR, BELLARY-583103.

…RESPONDENTS (BY SRI. M.Y. KATAGI, ADVOCATE FOR R3;

NOTICE TO R1 & R2 IS SERVED)

THIS MFA IS FILED UNDER SECTION 173(1) OF MVC ACT, PRAYING TO SET ASIDE JUDGMENT AND AWARD DATED:28.08.2013 IN MVC.NO.1245/2009 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND MACT KUDLIGI AND MAY KINDLY BE PLEASED TO SET ASIDE THE SAID JUDGMENT AND AWARD BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR 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 Motor Vehicles Act, 1988 (for short ’M.V. Act’) praying for setting aside the judgment and award dated 28.08.2013 in M.V.C No.1245/2009 on the file of Senior Civil Judge and M.A.C.T., Kudligi (for short the ‘Tribunal’) by the owner/appellant.

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

3. After service of notice of appeal, the respondent Nos.1 and 2 - the claimant and driver of the alleged tractor respectively have not contested the appeal.

4. The claimant has filed a claim petition U/S.166 of M.V. Act praying for compensation in respect of injuries sustained my him in the accident that had taken place on 02.01.2009 at about 4 p.m. on Chiribhi Road near Dodda- Kariyappara Land near Chiribhi involving tractor - trolley bearing No.KA-35/T-4989.

5. It is the contention of claimant that claimant along with one Benki Hanumanthappa while returning to their village from the field while they are passing Chiribhi road near Dodda Kariyappara land, the tractor-trolley by loading material was driven by its driver in a rash and negligent manner and came from opposite side and dashed to the claimant and because of that he sustained grievous injuries and had taken treatment at SS Hospital, Davanagere by spending about Rs.2,00,000/- and he is not in a position to do any work and sustained disability and hence prayed for compensation.

6. After service of summons, respondent No.1-

driver and respondent No.2-owner have not contested the petition. It is respondent No.3-the insurer appeared through its counsel and filed written statement wherein respondent No.3 has denied the entire petition averments and further took contention that claimant was traveling in the tractor as an unauthorized occupant and because of fall from the tractor sustained injuries and thus insurance company is not liable to pay any compensation. It also took contention that driver of the tractor was not having valid and effective driving license at the time of accident and took other contentions available for the owner and the insurer and prayed for dismissal of the petition.

7. On behalf of claimant, claimant was examined as PW1 apart from examining the doctor who issued disability certificate as PW.2 and marked Exs.P.1 to P.23 and closed his side before the Tribunal. On behalf of respondents, two witnesses were examined as RW.1 and RW2, apart from marking Exh