##PAGE1##

- 1 -

NC: 2026:KHC-D:4743 MFA No. 100716 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

MISCELLANEOUS FIRST APPEAL NO. 100716 OF 2024 (MV-I)

BETWEEN:

1. THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD 2^ND FLOOR, LIC BRANCH BUILDING

NEAR HEAD POST OFFICE LAMINGTON ROAD, HUBBALLI REPRESENTED THROUGH ITS

DIVISIONAL OFFICE, 1^ST FLOOR ANKOLA ARCADE, OPPOSITE KALABHAVAN, DHARWAD

REP BY ITS SENIOR DIVISIONAL MANAGER

…APPELLANT (BY SRI. N.R KUPPELUR, ADV)

AND:

1. SRI. HULLAPPA S/O HANUMANTAPPA CHAVADI AGE 35 YEARS, OCC BMTC DRIVER

R/IO YAVAGAL, TALUK ROAD DIST GADAG 580021 Digitally signed by VIJAYALAKSHMI

M KANKUPPI

2. SRI. SHIVAKUMAR S/O DYAMAPPA ABBIGERI Location: HIGH COURT OF AGE. MAJOR, OCC. BUSINESS KARNATAKA R/O. A.V. JANAGOUDRA ANNAPURNA NILAYA

HOUSE NO.69, 15^TH CROSS, LINGARAJ NAGAR HUBBALLI, DIST. DHARWAD 580008

(OWNER OF THE MOTOR CYCLE NO.KA-25/EK-6376)

…RESPONDENTS (BY SRI. PRASHANT S. KADADEVAR, ADV FOR R1,

NOTICE TO R2 IS HELD SUFFICIENT)

- 2 -

NC: 2026:KHC-D:4743 MFA No. 100716 of 2024

HC-KAR

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 18.11.2023 PASSED IN MVC NO.391/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, NAVALGUND, AWARDING COMPENSATION OF Rs.4,38,500/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE

RECOVERY WITHIN ONE MONTH FROM THE DATE OF AWARD.

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

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

1. This appeal is filed by the insurer under Section 173(1) of the Motor Vehicles Act, 1988 (for short the ‘Act’), challenging the judgment and award dated 18.11.2023, passed in MVC No. 391/2021 by the Senior Civil Judge and Additional MACT,

Navalgund (for short the ‘tribunal’).

2. Brief facts leading rise to the filing of this appeal are as

follows:

On 15.10.2020, the claimant was travelling along with

Sri. Shrikantagouda Patil on a motorcycle bearing registration No. KA-25/EK-6376. When they reached near the place of the

- 3 -

NC: 2026:KHC-D:4743 MFA No. 100716 of 2024

HC-KAR

accident, a snake suddenly came on the road, due to which the rider lost control over the motorcycle and fell down. As a result, the claimant sustained grievous injuries, and incurred substantial

medical expenses.

3. Hence, the claimant filed a claim petition under Section 166 of the Act seeking compensation for the injuries sustained in the road traffic accident, and contended that he lost his employment in the year 2021 due to the accident, and resulting disability.

Hence, he prays for allowing the claim petition.

4. A notice was issued to the owner of the motorcycle, who remained absent and was placed ex-parte. The insurance company appeared and filed statement of objections, admitting that the vehicle was insured and the policy was in force as on the date of the accident. However, it is contended that the claimant himself was riding the motorcycle, and that the accident occurred due to his own negligence. Therefore, it is contended that there is a violation of policy conditions and that it was not liable to indemnify the insured. Accordingly, prays to dismiss the claim

petition against the insurance company.

- 4 -

NC: 2026:KHC-D:4743 MFA No. 100716 of 2024

HC-KAR

5. Based on the rival pleadings of the parties, the Tribunal

framed the necessary issues for consideration.

6. To substantiate his case, the claimant examined himself as PW1, and examined the doctor as PW2, and marked 17 documents as Ex.P1 to Ex.P17. On behalf of the insurance company, officer of the insurance company was examined as

RW1 and marked two documents as Ex.R1 and Ex.R2.

7. After appreciating the oral and documentary evidence, the Tribunal, partly allowed the claim petition vide judgment dated 18.11.2023 and awarded a compensation of ₹4,38,500/- with costs. It held tha