Karnataka High Court
Siddappa vs Nazeer Ammad And Anr on 18 June, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2025:KHC-K:3183
MFA No. 202133 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
MISCL. FIRST APPEAL NO.202133 OF 2023 (MV-I)
BETWEEN:
SIDDAPPA
S/O ANNARAYA NAGATHAN,
AGE: 26 YEARS,
OCC: AGRICULTURE,
R/O: MANNUR,
TQ: DEVAR-HIPPARAGI,
DIST: VIJAYPURA - 586 101.
...APPELLANT
(BY SRI SANGANABASAVA B.PATIL, ADVOCATE)
AND:
1. NAZEER AMMAD
S/O HASANSAB GUNAPUR,
Digitally signed AGE: 42 YEARS
by RAMESH
MATHAPATI OCC: BUSINESS,
Location: HIGH R/O: HORTI, TQ: INDI,
COURT OF DIST: VIJAYAPURA - 586 101.
KARNATAKA
2. THE BRANCH MANAGER,
NEW INDIA ASSURANCE COMPANY LTD.,
HANAMSHETTY BUILDING,
GURUKUL ROAD, VIJAYAPURA - 586 101.
...RESPONDENTS
(BY SRI SHARANABASAPPA M. PATIL, ADVOCATE FOR R2;
R1 IS SERVED)
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NC: 2025:KHC-K:3183
MFA No. 202133 of 2023
HC-KAR
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW
THIS APPEAL BY SETTING ASIDE JUDGMENT AND AWARD DATED
12.08.2022 PASSED BY THE HON'BLE THE PRINCIPAL SENIOR CIVIL
JUDGE AND M.A.C.T.-V, VIJAYAPURA AT VIJAYAPURA IN
M.V.C.NO.972/2021, AND ALLOW THE CLAIM PETITION AS PRAYED
FOR, IN THE INTEREST OF JUSTICE.
THESE MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Challenging judgment and award dated 12.08.2022
passed by Prl. Senior Civil Judge and MACT-V, Vijayapura (for
short, 'Tribunal') in MVC No.972/2021, this appeal is filed
2. Sri Sanganabasava B.Patil, learned counsel
submitted that appeal was by claimant challenging dismissal of
claim petition by Tribunal. It was submitted that on 09.05.2021
at about 12.00 p.m., claimant-Siddappa was riding motorcycle
bearing registration no.KA-36/EB-6368 on Horti-Nimbal road,
when driver of car bearing registration no. KA-28/M-8258,
drove it in a rash and negligent manner and dashed against
motorcycle causing accident. In accident, claimant sustained
several fractural injuries. Initially, he was taken to Civil
Hospital, Vijayapur and thereafter referred to Vaibhav Hospital,
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Vijayapur for higher treatment. Claimant also took treatment at
Sasanur Hospital, Vijayapur and Kumbhar Accident and
Orthopedic Hospital, Miraj. Despite taking treatment, he did not
recover fully and sustained permanent physical disability.
Claiming compensation, he filed claim petition under Section
166 of M.V.Act, against owner and insurer of offending car.
3. On contest, wherein insurer opposed claim petition
denying entire claim petition averments, Tribunal framed issues
and recorded evidence. Claimant examined himself as PW.1
and Dr.S.V.Havinal as PW.2. Exs.P1 to P14 were marked.
Insurer did not lead oral evidence but got marked copy of
insurance policy with consent as Ex.R1.
4. On consideration, Tribunal held claimant had failed
to establish that he had sustained injuries due to accident
caused by driver of insured car and insurer was liable to pay
compensation. On said finding, it dismissed claim petition.
5. Assailing same, it was submitted immediately after
accident, claimant was taken to Civil Hospital, Vijayapur and
referred for higher treatment to Vaibhav Hospital, Vijayapur.
Though claimant had not produced admission/treatment
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records from Civil Hospital, Vijayapur, he had produced
laboratory test report from Vaibhav Clinical Laboratory-
Orthopaedic and Dental Care, Vijayapur, which showed on
reference by Dr.Kiran Patil, Orthopedic Surgeon, blood test of
claimant was done on 09.05.2021 i.e., date of accident. He also
produced disability certificate issued by PW.2 apart from
medical bills, X-ray report etc. Said records would clearly
indicate that claimant sustained injuries in accident. Therefore,
dismissal of claim petition was not justified. It was further
submitted that in case, opportunity is provided and matter is
remitted back, claimant would make efforts for securing records
from Civil Hospital, Vijayapur. On said grounds, sought for
allowing appeal.
6. On other hand, Sri Sharanabasappa M.Patil, learned
counsel for respondent no.2-Insurance Company opposed
appeal. It was submitted that discharge summary-Ex.P11
issued by Kumbhar Accident and Orthopedic Hospital, Miraj,
would indicate accident was due to fall from bike. It was
submitted that despite claimant stating that he was taken to
Civil Hospital, Vijayapur, immediately after accident, no records
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were produced from said Hospital. Date of admission for
treatment mentioned in Ex.P11 was 01.07.2021. It was
submitted that blood test report would not be conclusive
evidence of date of accident or involvement of insured vehicle
in accident. Therefore, dismissal of claim petition was justified.
7. Heard learned counsel and perused impugned
judgment and award.
8. From above and since claimant is assailing dismissal
of claim petition, point that would arise for consideration is:
"Whether impugned judgment and award passed by
Tribunal suffers from perversity and calls for
interference?"
9. Though occurrence of accident and claimant
sustaining injuries in said accident is prima facie established by
police investigation records, since insurer has taken specific
contention about accident not being caused due to rash and
negligent driving of car, burden would be on claimant to
establish actionable claim against insurer. In order to establish
nature of injuries, treatment and disability, claimant relied upon
treatment records. Ex.P11-discharge summary issued by
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Kumbhar Accident and Orthopedic Hospital, Miraj, would
indicate date of admission as 01.07.2021 and discharge on
07.07.2021. In history of injuries column, it is specifically
recorded that injuries were due to fall from bike. There is no
mention about involvement of insured vehicle i.e., Car. There is
also no explanation for said omission. It is not case of claimant
that he was either unconscious or in such state of mind as to be
unable to disclose vehicle that had caused accident or that
particulars mentioned at Kumbhar Accident and Orthopedic
Hospital, Miraj, were by someone else.
10. While, passing impugned award, Tribunal has
examined records and specifically observed that claimant had
failed to produce any records from Civil Hospital, Vijayapur, to
establish nexus between accident occurred, injury sustained
and involvement of insured vehicle. In case of admission of any
patient for treatment of accidental injuries, it is wont on part of
hospitals to record admission as Medico Legal Case (MLC) and
issue intimation to jurisdictional police. Since claimant has
failed to produce any such record also and as Ex.P11, would
indicate history of injuries as due to fall from bike, insurer of
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Car cannot be held liable to pay compensation. Appellant has
not made out any efforts for securing treatment records from
Civil Hospital, Vijayapur, even before this Court, though appeal
has been pending for two years. Same would not inspire
confidence of this Court to hold omission bonafide and to remit
matter back to Tribunal for further evidence. Thus, no grounds
to interfere with findings of Tribunal. Point for consideration is
answered in negative.
Appeal is dismissed.
Sd/-
(RAVI V HOSMANI)
JUDGE
MSR
