Karnataka High Court
The Divisional Manager vs Bijan Kauram Owary on 24 July, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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MFA No. 100180 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 24TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 100180 OF 2015 (MV-D)
BETWEEN:
THE DIVISIONAL MANAGER
THE ORIENTAL INSURANCE COMPANY LIMITED,
CLUB ROAD, BELAGAVI,
REP. BY DEPUTY MANAGER,
THE ORIENTAL INSURANCE COMPANY LIMITED
REGIONAL OFFICE SUMANGALA COMPLEX,
LAMINGTON ROAD, HUBLI.
...APPELLANT.
(BY SRI M K SOUDAGAR, ADVOCATE.)
AND:
1. BIJAN KAURAM OWARY
AGE: 52 YEARS, OCC: COOLIE,
R/O: BIKRAMPUR, P.O.BERIGTAL,
Digitally signed by DIST: CHIRANG BTC, ASSAM STATE.
MALLIKARJUN
RUDRAYYA KALMATH
Location: HIGH COURT 2. MEGHASHREE W/O BIJAN OWARY
OF KARNATAKA AGE: 47 YEARS, OCC: HOUSEWIFE,
DHARWAD BENCH
R/O: BIKRAMPUR, P.O BERIGTAL,
DIST: CHIRANG BTC, ASSAM STATE.
3. SANJAY ANNASAHEB KALE
AGE: MAJOR, OCC: BUSINESS,
R/O: NO.1291, SHEDBAL STATION,
TALUK: ATHANI, DIST: BELAGAVI.
4. MEENAXI W/O UMESH BHAJANTRI
AGE: 29 YEARS, OCC: HOUSEHOLD WORK,
R/O: ADHALLI, TALUK: ATHANI,
DIST: BELAGAVI.
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5. RAJU S/O UMESH BHAJANTRI
AGE: 11 YEARS, OCC: STUDENT,
MINOR REP. BY NATURAL MOTHER
RESPONDENT NO.4,
MEENAXI W/O UMESH BHAJANTRI,
R/O: ADAHALLI,
TALUK: ATHANI, DIST: BELAGAVI.
6. POOJA D/O UMESH BHAJANTRI
AGE: 9 YEARS, OCC: STUDENT,
RESPONDENT NO.4,
MINOR REP. BY NATURAL MOTHER
MEENAXI W/O UMESH BHAJANTRI,
R/O: ADAHALLI,
TALUK: ATHANI, DIST: BELAGAVI.
7. GANESH S/O UMESH BHAJANTRI
AGE: 7 YEARS, OCC: STUDENT,
RESPONDENT NO.4,
MINOR REP. BY NATURAL MOTHER
MEENAXI W/O UMESH BHAJANTRI,
R/O: ADAHALLI,
TALUK: ATHANI, DIST: BELAGAVI.
8. BASAPPA BHIMAPPA BHAJANTRI
AGE: 72 YEARS, OCC: NIL,
R/O: ADAHALLI,
TALUK: ATHANI, DIST: BELAGAVI.
9. SMT. SUSHILA BHIMAPPA BHAJANTRI
AGE: 62 YEARS, OCC: NIL,
R/O: ADAHALLI,
TALUK: ATHANI, DIST: BELAGAVI.
...RESPONDENTS
(R.1 TO R.4, R.8, R.9 - NOTICE SERVED;
R.5 TO R.7 - MINORS, REP. BY RESPONDENT NO.4.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO
SET ASIDE THE JUDGMENT AND AWARD DATED 22.11.2014, PASSED
IN MVC NO.1681/2012, ON THE FILE OF PRESIDING OFFICER, FAST
TRACK COURT-III, BELAGAVI, BY ALLOWING THIS APPEAL AND
ETC.,.
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MFA No. 100180 of 2015
HC-KAR
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
This appeal is filed by the insurance company
challenging the judgment and award dated 22.11.2014,
passed by the Presiding Officer, Fast Track Court-III,
Belagavi, in MVC No.1681/2012, questioning the entire
liability fastened on it.
2. Heard the arguments of learned counsel for
appellant insurance company and perused the material
placed before the Court.
3. Due to the accident between two motorcycles
bearing No.MH-12/TRJ-572 and KA23/V-5803, the
deceased died in the accident. The claim petition was filed
under section 163-A of the Motor Vehicles Act ('the Act' for
short). When two motorcycles are involved in the accident
and since the claim petition is filed under section 163-A of
the Act, therefore, rash and negligence need not be
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HC-KAR
pleaded and proved. The tribunal has determined and
awarded the compensation of Rs.2,85,000/-, but the
entire liability is saddled on the appellant/insurance
company who is insurer of the motorcycle No.MH-12/TRJ-
572. When both the motorcycles are involved in the
accident, both the owners and insurance companies of
both case are liable to pay compensation at the ratio of
50:50.
4. The owner and insurer of the motorcycle
bearing No.KA-23/V-5803 are not made as parties.
Therefore, the appellant is entitled to pay compensation to
the extent of 50% only of what has been determined and
awarded by the tribunal. Therefore, the appeal filed by the
appellant/insurance company is liable to be allowed.
Hence, I proceed to pass the following:
ORDER
i) The appeal is allowed.
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HC-KAR
ii) The judgment and award dated 22.11.2014,
passed by the Presiding Officer, Fast Track Court-III,
Belagavi, in MVC No.1681/2012 is modified holding that
the appellant/insurance company is liable to pay
compensation to the extent of 50% only of the
compensation determined and awarded by the tribunal.
iii) The amount in deposit shall be transmitted to
the tribunal.
iv) No order as to costs.
v) Draw modified award accordingly.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
MRK
CT: BCK.
