IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21^ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO.100437 OF 2021 (MV-I)

BETWEEN:

BASAVARAJ FAKIRAPPA YALIGAR, AGE. 48 YEARS, OCC. AGRICULTURE, R/O. AVARADI, TQ. RAMDURG, DIST. BELAGAVI.

(OWNER OF THE TRACTOR AND TRAILER BEARING REG.NO.KA-24/T-4220)

…APPELLANT (BY SRI. SURESH SHETTEMMANAVAR, ADVOCATE)

AND:

1. SHIVAPPA S/O. YAMANAPPA PUJAR, AGE. 38 YEARS, OCC. DRIVER AND AGRICULTURE, Digitally signed by R/O. NARASAPUR, TQ. RAMDURGI, VIJAYALAKSHMI M KANKUPPI DIST. BELAGAVI.

Location: HIGH COURT OF KARNATAKA 2. SRI. FAKIRAPPA S/O. YAMANAPPA PUJAR, AGE. 25 YEARS, OCC. AGRICULTURE, R/O. NARASAPUR, TQ. RAMDURG, DIST. BELAGAVI.

(OWNER OF MOTOR CYCLE BEARING REG.KA-24/W-2995)

3. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD., II FLOOR, MADIWALE ARCADE, CLUB ROAD, BELAGAVI.

(INSURER OF MOTORCYCLE BEARING REG.NO.KA-24/W-2995 VIDE POLICE NO.511100/31/2017/TVS/235041 VALID WITH EFFECT FROM 29-03-2017 TO 28/03/2018 …RESPONDENTS (BY SRI. H.M. DHARIGOND, ADVOCATE FOR R1;

NOTICE TO R2 IS SERVED;

SMT. SHARMILA M.PATIL, ADVOCATE FOR R3)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 02.01.2021 PASSED IN MVC NO.957/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RAMDURG AND MAY KINDLY BE PLEASED TO SET ASIDE THE SAID JUDGMENT AND AWARD OF RS.6,36,000/-, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS MISCELLANEOUS FIRST 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 appellant challenging the judgment and award dated 02.01.2021 passed in M.V.C. No.957/2018 by the Senior Civil Judge and Additional MACT, Ramdurg.

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

3. On 18.01.2018 at about 11:30 a.m., respondent No.1 herein was a pillion rider on a motorcycle bearing registration No.KA-24/W-2995. At that time, the driver of the offending vehicle and trailer bearing registration No.KA- 24/T-4220 and KA-24/T-4221 had stopped the vehicle by the side of the road in a started condition. When the motorcycle proceeded ahead of the trailer, suddenly the driver of the tractor, without following traffic rules, moved the vehicle, took a right turn, and hit the motorcycle.

4. As a result of the accident, respondent No.1 sustained grievous injuries and filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation for the injuries sustained in the road traffic accident.

5. The Tribunal issued notice to the owner of the motorcycle, who remained unrepresented and was placed ex-parte. The insurance company of the motorcycle filed its statement of objections denying the averments made in the claim petition and contended that the accident occurred due to the rash and negligent driving of the driver of the tractor and trailer, and not due to the rider of the motorcycle.

6. It was further contended that the charge sheet was filed against the driver of the tractor and trailer and not against the rider of the motorcycle, and therefore, the insurer of the motorcycle is not liable to pay compensation.

7. The appellant herein filed a statement of objections denying the averments in the claim petition and contended that the accident was not caused due to the rash and negligent driving of the driver of the tractor and trailer, but due to the rash and negligent riding of the motorcycle.

Hence, it was contended that the appellant is not liable to pay the compensation claimed by respondent No.1.

8. Based on the pleadings, the Tribunal framed the relevant issues.

9. In order to establish his case, respondent No.1 examined himself as PW1 and the doctor as PW2, and marked documents at Ex.P1 to P22. In rebuttal, the Deputy Manager of the Insurance Company was examined