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NC: 2026:KHC-D:4631 MFA No. 24606 of 2012

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

MISCELLANEOUS FIRST APPEAL NO.24606 OF 2012 (MV)

BETWEEN:

1. SHRI SHREEDHAR SUBRAY MADIVAL, AGE: 39 YEARS, OCC: COOLIE,

2. SMT.MANGALA W/O SHREEDHAR MADIVAL, AGE: 34 YEARS, OCC: HOUSEWIFE,

BOTH ARE R/O HOSAKULI, HONNAVAR, KARWAR.

…APPELLANTS (BY SMT.INDIRA M. NAIK, ADVOCATE-ABSENT)

AND:

1. SHRI VENKATESH G. GOUDA, REGD. OWNER OF AUTO RICKSHAW

BEARING NO.KA-47/1091, R/O HARKADE, DIVIGI KUMATA, U.K. DISTRICT.

2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD.,

DIVISIONAL OFFICE, KAIKINI ROAD, KARWAR.

CHANDRASHEKAR LAXMAN KATTIMANI …RESPONDENTS

DCKAHig TAit TNa I l MDyRA sAN igSI nHeEdK bAyR LAXMAN LKD+ oaa0 crt0ena 0: ta 0 i 2toa0 nk2 :a 6 H, .D0 ig 3hh .a2 Cr7wo 0 ua9 rdt : 2 Bo 5ef :n1c0h (BY SRI MK SOUDAGAR, ADVOCATE FOR R2-ABSENT;

NOTICE TO R1 IS SERVED)

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 22.11.2011 IN MVC NO.9/2010 ON THE FILE OF ADDITIONAL M.A.C.T. AT

HONNAVAR AND ETC.

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

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NC: 2026:KHC-D:4631 MFA No. 24606 of 2012

HC-KAR

CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

ORAL JUDGMENT

Challenging judgment and award dated 22.11.2011

passed by Additional MACT, Honnavar (‘Tribunal’ for short)

in MVC no.9/2010, this appeal is filed.

2. Though matter is of year 2012, there is no

representation from any party. Since appeal is 13 years old,

it is taken up for disposal based on available material.

3. Appeal is by claimant challenging dismissal of

claim petition. As per impugned award, claim petition was filed under Section 166 of Motor Vehicles Act, 1988 (‘MV Act’ for short) stating that on 17.08.2009, Tanuja Shreedhar Madival was travelling in an auto rickshaw no.KA- 47/1091 along with her mother from Kumta towards Manki, when an unknown vehicle dashed against auto rickshaw from behind. In accident, Tanuja sustained grievous injuries and died during treatment. It was alleged that driver of auto rickshaw was driving it in rash and negligent manner on

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NC: 2026:KHC-D:4631 MFA No. 24606 of 2012

HC-KAR

highway and accident occurred due to his rash and

negligence driving also.

4. On service of notice, respondents/owner and

insurer entered appearance. Owner filed objections denying claim petition averments in general and specifically denying accident had occurred due to negligent driving of auto rickshaw by its driver. It was contended, accident occurred due to rash and negligent driving of unknown vehicle that had dashed against auto rickshaw. It was stated auto was duly insured with respondent no.2 - insurer and driver was having valid licence as on date of accident and therefore,

owner was entitled for indemnification.

5. Respondent no.2 - insurer opposed claim

petition on all counts including violation of terms and

conditions of policy and seeking for exoneration of insurer.

6. Based on pleading, Tribunal framed following

issues.

“1. Whether the petitioners prove that on 17.8.2009 at about 6.00 p.m. near Ramaleela Hospital in Manaki of Kumta taluk the deceased Tanuja Shreedhar

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NC: 2026:KHC-D:4631 MFA No. 24606 of 2012

HC-KAR

Madival being passenger in the Auto rickshaw bearing No.KA-47/1091 had met with an accident due to rash and negligent driving of the said Auto rickshaw by its driver and the deceased Tanuja Shreedhar Madival succumbed to injuries sustained

in the accident as averred?

2. Whether the petitioner is entitled to any compensation and if so, what amount and from

whom?

3. What order and award?”

7. Claimant no.2 deposed as PW1 and got marked

Exhibits P1 to P11. Owner deposed as RW1 and got marked

Exhibits R1 to R6. Insurer did not lead evidence.

8. On consideration, Tribunal held issue no.1 in

negative, issue no.2 as not surviving for consideration and issue no.3 by dismissing cl