Karnataka High Court
The Branch Manager, New India Assurance ... vs Asha And Ors on 25 November, 2025
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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MFA No. 200953 of 2024
C/W MFA No. 200716 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
MISCL. FIRST APPEAL NO.200953 OF 2024 (MV-D)
C/W
MISCL. FIRST APPEAL NO.200716 OF 2022
IN M.F.A. NO.200953/2024
BETWEEN:
1. ASHA
W/O KISAN LOHAKARE,
AGE: 64 YEARS,
OCC: HOUSEHOLD WORK,
Digitally signed by
BASALINGAPPA
2. SACHIN
SHIVARAJ
DHUTTARGAON S/O KISAN LOHAKARE,
Location: HIGH COURT
OF KARNATAKA AGE: 43 YEARS,
OCC: COOLIE,
3. NITIN
S/O KISAN LOHAKARE,
AGE: 42 YEARS,
OCC: COOLIE,
4. RAMESH
S/O KISAN LOHAKARE,
AGE: 40 YEARS,
OCC: COOLIE,
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MFA No. 200953 of 2024
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HC-KAR
5. SURESH
S/O KISAN LOHAKARE,
AGE: 39 YEARS,
OCC: COOLIE,
ALL ARE R/O: PERMANENT ADDRESS IS
SHIVAJI NAGAR, OPP: DUDHAPANDRI DAIRY,
ISBAVI PANDRAPUR,
DIST: SOLAPUR - 413 001.
NOW R/AT: GANDHI NAGAR,
VIJAYAPUR - 586 101.
...APPELLANTS
(BY SRI KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)
AND:
1. MR. SANDIP SHIVLING WAGHMARE
AGE: MAJOR, OCC: BUSINESS,
(OWNER OF JEEP NO.MH-12/LT-4708)
R/AT: A/P: PIMPALWANDI,
TQ: PATODA, DIST: BEED,
MAHARASHTRA - 431 122.
2. THE BRANCH MANAGER,
THE NEW INDIA ASSURANCE CO LTD.,
HANAMASHETTY BUILDING,
S.S. FRONT ROAD, VIJAYAPURA - 586 101.
...RESPONDENTS
(BY SRI SUDARSHAN M., ADVOCATE FOR R2;
NOTICE TO R1 SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO MODIFY THE IMPUGNED
JUDGMENT AND AWARD DATED 18.11.2021 PASSED IN MVC
NO.173/2020 ON THE FILE OF THE COURT OF THE I
ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.VI VIJAYAPURA AT
VIJAYAPURA AND ALLOW THIS APPEAL TO GRANT THE
COMPENSATION AMOUNT BY RS.36,20,000/- ONLY AS
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MFA No. 200953 of 2024
C/W MFA No. 200716 of 2022
HC-KAR
CLAIMED BY THE APPELLANTS BEFORE THIS HON'BLE COURT
IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
IN M.F.A. NO.200716/2022
BETWEEN:
THE BRANCH MANAGER,
THE NEW INDIA ASSURANCE CO LTD.,
HANAMASHETTY BUILDING,
S.S. FRONT ROAD, VIJAYAPURA.
POLICY NO.15180831180200000849.
POLICY PERIOD FROM 06.02.2019 TO 05.02.2020.
PRESENTLY REPRESENTED BY
THE DIVISIONAL MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
DIVISIONAL OFFICE, KALABURAGI.
...APPELLANT
(BY SRI SUDARSHAN M., ADVOCATE)
AND:
1. ASHA
W/O KISAN LOHAKARE,
AGE: 61 YEARS,
OCC: HOUSEHOLD WORK,
2. SACHIN
S/O KISAN LOHAKARE,
AGE: 40 YEARS,
OCC: COOLIE,
3. NITIN
S/O KISAN LOHAKARE,
AGE: 39 YEARS,
OCC: COOLIE,
4. RAMESH
S/O KISAN LOHAKARE,
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MFA No. 200953 of 2024
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HC-KAR
AGE: 37 YEARS,
OCC: COOLIE,
5. SURESH
S/O KISAN LOHAKARE,
AGE: 36 YEARS,
OCC: COOLIE,
ALL ARE R/O: SHIVAJI NAGAR,
OPP: DUDHA PANDRI DAIRY,
ISBAVI PANDRAPUR,
DIST: SOLAPUR.
NOW R/AT: GANDHI NAGAR,
VIJAYAPUR - 586 101.
6. MR. SANDIP SHIVLING WAGHMARE
AGE: MAJOR,
OCC: BUSINESS, (OWNER OF THE
JEEP NO.MH-12/LT-4708)
R/AT: A/P: PIMPALWANDI,
TQ: PATODA, DIST: BEED,
MAHARASHTRA - 431 122.
RESPONDENTS
(BY SRI KOUJALAGI C.L., ADVOCATE FOR R1 TO R5;
NOTICE TO R6 SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE
JUDGMENT AND AWARD DATED 18.11.2021 PASSED IN
M.V.C.NO.173/2020 BY THE I ADDITIONAL SENIOR CIVIL
JUDGE AND MEMBER MACT-VI, AT VIJAYAPURA AND ETC.
THESE MFAS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
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MFA No. 200953 of 2024
C/W MFA No. 200716 of 2022
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD) MFA No.200953/2024 is filed by the claimants whereas MFA No.200716/2022 is filed by the Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988 (for short, 'the Act') being aggrieved by the judgment and award dated 18.11.2021 passed by the I Additional Senior Civil Judge and Member MACT-VI, Vijayapur (for short, 'the Tribunal') in MVC No.173/2020. Since the challenge is to the same judgment, both the appeals are heard together and common judgment is passed.
2. Facts giving rise to the filing of the appeals briefly stated are that on 30.10.2019 at around 7:00 PM, on Pandharpur-Pune road, opposite to Jijavu Marriage Hall, Ishbavi, when the deceased Kisan was walking by the side of the road, when the driver of the Jeep bearing Reg.No.MH-12/LV-4708 came with high speed, in a rash and negligent manner and dashed to the deceased. As a -6- NC: 2025:KHC-K:7177-DB MFA No. 200953 of 2024 C/W MFA No. 200716 of 2022 HC-KAR result of the accident, the deceased sustained grievous injuries. Immediately, he was taken to one Vittal hospital, Pandharpur and later shifted to CNS Hospital, Solapur. He succumbed to the injuries on 12.11.2019.
3. The claimants filed a claim petition under Section 166 of the Act seeking compensation for the death of the deceased along with interest.
4. Upon service of notice, respondents have appeared through counsel and filed their separate written statements denying the averments made in the claim petition.
5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter, recorded the evidence. The Tribunal, by impugned judgment and award has partly allowed the claim petition and held that the claimants are entitled to a compensation of Rs.11,80,000/- along with interest at the rate of 6% p.a. and directed respondent No.2-Insurance Company to deposit the compensation amount along with interest. -7-
NC: 2025:KHC-K:7177-DB MFA No. 200953 of 2024 C/W MFA No. 200716 of 2022 HC-KAR Being aggrieved, the Insurance Company and the claimants are before this Court.
6. The learned counsel for the claimants has raised the following contentions:
a) Firstly, the accident has occurred due to the negligence of the driver of the offending Jeep. The claimants have lodged the complaint against the driver of the Jeep on 19.11.2019. The police after thorough investigation has filed the charge sheet against the driver of the offending vehicle.
b) Secondly, considering the age and avocation of the deceased, the overall compensation awarded by the Tribunal is inadequate and on the lower side. With the above contentions, the learned counsel sought to allow the appeal filed by the claimants by dismissing the appeal filed by the Insurance Company.-8-
NC: 2025:KHC-K:7177-DB MFA No. 200953 of 2024 C/W MFA No. 200716 of 2022 HC-KAR
7. On the other hand, the learned counsel for the Insurance Company has raised the following counter- contentions:
a) Firstly, the offending jeep bearing Reg.No.MH-12/LV-
4708 was not involved in the accident. To make false claim, the claimants have implicated the vehicle. He further contended that the accident had occurred on 30.10.2019 and the deceased Kisan died on 12.11.2019. Therefore, he contended that complaint has been lodged after lapse of 20 days on 19.11.2019 after implicating the offending vehicle in the accident.
b) Secondly, nowhere in the medical records it is mentioned that the accident has occurred due to involvement of the offending vehicle.
c) Thirdly, the claimants have not even produced the medical records of Vittal Hospital where the deceased was admitted initially after the accident. -9-
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d) Fourthly, even the owner of the offending vehicle has denied the accident. The claimants have not examined the Investigating Officer regarding how he traced the jeep to prove that it has been involved in the accident.
e) Lastly, on appreciation of oral and documentary evidence and considering the age and avocation of the deceased, the overall compensation awarded by the Tribunal is on the higher side. Hence, he prays for remitting the matter back to the Tribunal for fresh consideration.
8. Heard the learned counsel for the parties and perused the judgment and award of the Tribunal.
9. The case of the claimants is that on 30.10.2019 at about 7:00 PM, the deceased was walking by the side of the road on Pandharpur-Pune road, at that time, the driver of the Jeep bearing Reg.No.MH-12/LV-4708 came with high speed, in rash and negligent manner and dashed against the deceased. As a result, the deceased fell down.
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NC: 2025:KHC-K:7177-DB MFA No. 200953 of 2024 C/W MFA No. 200716 of 2022 HC-KAR He suffered injuries and immediately he was shifted to Vittal Hospital, Pandharpur. Later he was shifted to CNS Hospital, Solapur for higher treatment where he died on 12.11.2019. By seeing the evidence and material on record, there is no dispute that Kisan died in the road traffic accident that occurred on 30.10.2019.
10. The only dispute raised by the Insurance Company is that the offending vehicle has been falsely implicated in the accident to claim the compensation. The accident has occurred on 30.10.2019 and the deceased was initially shifted to Vittal Hospital, Pandharpur. Thereafter, he was shifted to CNS Hospital, Solapur for higher treatment. The medical report (Ex.P10) merely records that the injuries were sustained in a road traffic accident. It neither discloses the vehicle number nor specifies whether the accident involved a two-wheeler or a four-wheeler. The manner in which the accident occurred is also not mentioned. Except the discharge summary and the medical bills, no other document from the hospital has
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NC: 2025:KHC-K:7177-DB MFA No. 200953 of 2024 C/W MFA No. 200716 of 2022 HC-KAR been produced. Thereafter, the complaint has been lodged on 19.11.2019 i.e., after lapse of 20 days from the date of accident and 07 days after the death of the deceased on 12.11.2019. In the FIR and in the complaint, for the first time, the registered number of the offending jeep is mentioned. Either of the parties has not examined the Investigating Officer. The complaint was lodged by one Hanmanth Khandekar. The claimants have not examined the complainant as well as the informer, who is the eye witness to the accident. They have not examined the Investigating Officer regarding how the registered number of the offending vehicle has been found.
11. In view of the above discussion, we find it appropriate to remand the matter back to the Tribunal to reconsider the issue in respect of involvement of the offending vehicle bearing Reg.No.MH-12/LV-4708.
12. The contention with regard to quantum of compensation is concerned, we are of the opinion that the compensation awarded by the Tribunal is just and
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NC: 2025:KHC-K:7177-DB MFA No. 200953 of 2024 C/W MFA No. 200716 of 2022 HC-KAR reasonable and it does not require interference by this Court.
13. In the result, the following order is passed:
ORDER
a) The appeal filed by the claimants in MFA No.200953/2024 is dismissed.
b) The appeal filed by the Insurance Company in MFA No.200716/2022 is allowed and matter is remanded back to the Tribunal to find out regarding the involvement of the Jeep bearing Reg.No.MH-12/LV-4708 in the accident and regarding negligence on the part of the driver of the said Jeep.
c) The finding of the Tribunal on assessment of compensation, is confirmed.
d) In case the Tribunal holds that the offending Jeep is involved in the accident, the Insurance Company is liable to deposit the compensation amount assessed by the Tribunal.
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e) Amount in deposit is transferred to the Tribunal.
f) In view of the order dated 25.11.2025 passed by this Court, in case the Tribunal enhances the compensation, the claimants are not entitled for interest, for the delayed period of 595 days in filing the appeal.
Sd/-
(H.T.NARENDRA PRASAD) JUDGE Sd/-
(TYAGARAJA N. INAVALLY) JUDGE VNR List No.: 1 Sl No.: 32