IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI MISCELLANEOUS FIRST APPEAL NO. 20212 OF 2013 (MV)

BETWEEN:

THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, JANARDHAN ARCADE, JUBILEE CIRCLE, P.B. ROAD, DHARWAD.

…APPELLANT (BY SRI NR KUPPELUR, ADVOCATE)

AND:

1. SMT.SUSHAMA W/O GIRISH BETSUR, AGE: 32 YEARS, CHANDRASHEKAR LAXMAN OCC: HOUSEHOLD WORK, KATTIMANI DCLAHig XAit MNal ADy NR s AK igSA nHT eET dKI M bAy ARNI "RANGUSHREE" BUILDING, LKD07 oaa c 0 rtena 0: ta i 2toa0 nk2 :a 6 H, .D0 ig 4hh .a1 Cr7wo 2 ua2 rdt : 3 Bo 4ef :n2c8h - NEAR BALA MARUTI TEMPLE, SHRIRAMNAGAR, HATTIKOLLA, DHARWAD.

2. SMT.SAROJABAI W/O CHIDAMBARAO BETSUR, AGE: 67 YEARS, OCC: HOUSE HOLD WORK, "RANGUSHREE" BUILDING, NEAR BALA MARUTI TEMPLE, SHRIRAMNAGAR, HATTIKOLLA, DHARWAD.

3. SANTOSH S/O RAMA NAIK, AGE: MAJOR, OCC: NOT KNOWN, R/O: KDCC BANK, TATTIHALLI, TQ: MUNDAGOD, DIST: KARWAR (UK).

(OWNER OF HERO HONDA BEARING NO.KA-31/J-1787)

4. SIDDAPPA S/O VENKAPPA BELAGALI, AGE: MAJOR, OCC: NOT KNOWN, R/O: KAMADOLLI, TQ: KUNDAGOL, DIST: DHARWAD.

(RIDER OF HERO HONDA MOTOR CYCLE SPLENDOR BEARING NO.KA-31/J-1787)

…RESPONDENTS (BY SRI SM KALWAD, ADVOCATE FOR R1 AND R2;

SRI GANAPATI M. BHAT, AND SRI VISHWANATHA K. BHAT, ADVTS. FOR R3 ARE ABSENT;

NOTICE TO R4 IS SERVED)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 04.10.2012 PASSED IN M.V.C. NO.739/2011 BY THE PRL. SENIOR CIVIL JUDGE AND CJM AND ADDL. MACT DHARWAD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION &

ETC.

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

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

ORAL JUDGMENT

Challenging judgment and award dated 04.10.2012, passed by Principal Senior Civil Judge and CJM & Additonal MACT, Dharwad, (‘Tribunal’ for short) in MVC no.739/2011, this appeal is filed.

2. Sri NR Kuppelur, learned counsel for appellant submitted that, appeal was by insurer challenging finding of Tribunal on liability of insurer. It was submitted, as per claimant at 06:00 p.m. on 22.02.2011, Girish Betasur, along with Sanjay was riding motorcycle no.KA-25/ED-9221 on Laxmeshwar-Hubli road, rider of another motorcycle no.KA-31/J-1787 rode it in rash and negligent manner and dashed against motorcycle of Girish Betasur causing accident. In accident, Girish Betasur sustained serious injuries and died on spot. Alleging loss of dependency on account of untimely death, his wife and mother filed claim petition under Section 166 of Motor Vehicles Act, 1988 (‘MV Act’ for short), against rider, owner and insurer of offending motorcycle.

3. Despite service of summons, rider did not appear and was placed ex-parte. Owner/insurer opposed claim petition on all counts including denial of liability, violation of policy conditions and accident being due to rash and negligent riding of motorcycle by deceased himself. Based on pleadings, Tribunal framed issues and recorded evidence.

4. Claimant no.1 along with another deposed as PW1 and PW2 and got marked Exs.P1 to P13. Official of insurer deposed as RW1 and got marked Exs.R1 to R3. On consideration, Tribunal held accident had occurred due to rash and negligent riding of motorcycle by its rider and as it was insured, insurer was liable to pay compensation assessed by it at ₹9,35,000/- with interest at 6% per annum. Assailing award on liability, this appeal is filed.

5. It was submitted by learned counsel for insurer that rider of insured motorcycle i.e. KA-31/J-1787 did not have valid and effective driving licence as on date of accident. In order to substantiate same, certified copy of driving license extract were got marked as Ex.R2. Ex.R2 would disclose that deceased was having driving licence to drive LMV non-transport car effective from 18.11.2006 and Transport vehicle and public service vehicle and bus with effect from 24.12.2011. Whereas, he was riding