IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9^TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI MISCELLANEOUS FIRST APPEAL NO. 100445 OF 2015 BETWEEN:

NATIONAL INSURANCE CO. LTD., DO X HERO MOTORCORP VERTICAL-101-106, DMC HOUSE CONNAUGHT PLACE, NEW DELHI-110001, NOW R/BY ITS DEPUTY MANAGER, S.K. HOSMANI REGIONAL OFFICE, ARIHANT ARCADE, KUSUGAL ROAD, KESHWAPUR, HUBLI.

…APPELLANT (BY SRI G.N. RAICHUR, ADVOCATE)

AND:

1 . ALI SAB MOHAMMAD SAB Digitally signed by YASHAVANT NARAYANKAR AGE: 39 YEARS, OCC: COOLIE, L C o O c U at R io T n O : F HIGH KARNATAKA R/O: SALMATH GALLI, NEAR PATEL SAW MILL, DHARWAD BENCH Date: 2026.04.10

10:19:48 +0530 SIRSI, DIST: U.K. DISTRICT.

2 . YESHEERBANU MOHIDDIN SHAIKH AGE: MAJOR, OCC: OWNER OF BIKE, R/O: NEAR PATEL SAW MILL, GUDDADMANE, SIRSI, DIST: U.K. DISTRICT.

…RESPONDENTS (NOTICE SERVED TO R1 AND R2)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT

1988, PRAYING TO SET ASIDE THE JUDGMENT & AWARD DATED:16.09.2014, PASSED IN MVC.NO.84/2012, ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENT CLAIM TRIBUNAL SRISI, WITH COSTS AND INTEREST IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL IS COMING ON PRONOUNCEMENT AND THE SAME HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON

16.03.2026, THIS DAY, DELIVERED THE FOLLOWING:

CAV JUDGMENT

(PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI)

The insurer of motorcycle bearing No.KA-31-Q-6165 in MVC No.84/2012 on the file of learned Additional MACT, Sirsi (in short ‘the Tribunal’) has preferred this appeal praying to set aside the judgment and award dated 16.09.2014 passed therein.

2. The claimant namely Ali Sab Mohammad Sab maintained the petition in MVC No.84/2012 under Section 166 of Motor Vehicles Act seeking compensation of Rs.5,00,000/- from owner and insurer of motorcycle bearing No.KA-31-Q- 6165 on the ground that on 03.03.2012 he met with a road accident due to actionable negligence on the part of the rider of the said motorcycle and as a result of which he sustained grievous injuries.

3. On service of notice, insurer appeared before the Tribunal, filed their objection and contested the petition. Thereafter, the Tribunal framed issues, held enquiry and then disposed of the claim petition on merits of the case. The Tribunal held that the claimant has proved having met with a road accident due to negligence attributable to the rider of motorcycle bearing No.KA-31-Q-6165 and on considering other materials available on record, awarded a total compensation of Rs.1,00,000/- to the claimant together with interest at the rate of 6% per annum. Being aggrieved by the impugned judgment and award, the insurer has come up with this appeal.

4. Sri G. N. Raichur, learned Counsel for the Insurer, vehemently submitted that the Tribunal committed a grave and manifest error in resolving Issue No. 1 in favor of the claimant, patently disregarding the unassailable testimony of RW-1 and RW-2. He forcefully contended that the claimant had sustained injuries solely due to a fall from the lorry, and had not encountered any accident as falsely averred in the claim petition. He alleged that the claimant had maliciously implicated the motorcycle merely to unlawfully enrich himself by colluding with the owner of the offending vehicle. He further submitted that the rider of the motorcycle had failed to renew the driving license as on the date of the alleged incident, thereby occasioning a clear breach of the policy's terms and conditions by the insured.

5. The notice of this appeal has been served on the claimant as well as the insured. In spite of the same, both of them have remained absent before this Court.

6. In light of the arguments canvassed on behalf of the Insurer, the point that arises for consideration before this Court is whether the Tribunal was justified in holding that the claimant has proved the accident as pleaded in the petition?

7. As pointed out hereinabove, the claimant maintained the petition in MVC No.84/2012 seeking compensation for the injurie