Azeem Begum And Ors vs Santosh And Anr
2025 Latest Caselaw 9955 Kant

Karnataka High Court

Azeem Begum And Ors vs Santosh And Anr on 7 November, 2025

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

                                                 -1-
                                                        NC: 2025:KHC-K:6645-DB
                                                       MFA No. 200587 of 2020
                                                   C/W MFA No. 200586 of 2020
                                                       MFA No. 204060 of 2023
                      HC-KAR                                     AND 1 OTHER


                                 IN THE HIGH COURT OF KARNATAKA,

                                         KALABURAGI BENCH

                             DATED THIS THE 7TH 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. 200587 OF 2020 (MV-D)
                                                C/W
                           MISCL. FIRST APPEAL NO. 200586 OF 2020 (MV-D)
                           MISCL. FIRST APPEAL NO. 204060 OF 2023 (MV-I)
                           MISCL. FIRST APPEAL NO. 201042 OF 2025 (MV-I)


                      IN MFA NO.200587/2020:

                      BETWEEN:
Digitally signed by
VARSHA N              1.    AZEEM BEGUM W/O LATE MOHD. AZEEM,
RASALKAR                    AGE: 29 YEARS, OCC: HOUSEHOLD,
Location: HIGH
COURT OF
KARNATAKA             2.    REEBA ANJUM D/O LATE MOHD. AZEEM,
                            AGE: 9 YEARS, OCC: STUDENT,

                      3.    SOMIYA ANJUM D/O LATE MOHD. AZEEM,
                            AGE: 7 YEARS, OCC: STUDENT,

                      4.    MOHAMMED GOUSE S/O LATE MOHD. AZEEM,
                            AGE: 5 YEARS, OCC: STUDENT,

                      5.    ABDUL RAHEMANSHA S/O LATE MOHD. AZEEM,
                            AGE: 2 YEARS, 7 MONTH, MINOR,
                            -2-
                                   NC: 2025:KHC-K:6645-DB
                                 MFA No. 200587 of 2020
                             C/W MFA No. 200586 of 2020
                                 MFA No. 204060 of 2023
HC-KAR                                     AND 1 OTHER


     APPELLANTS NO. 2 TO 5 ARE MINORS U/G OF
     APPELLANT NO.1, I.E., NATURAL MOTHER AZEEM
     BEGUM,

6.   SALEEM BEGUM W/O SHABBIR PASHA,
     AGE: 52 YEARS, OCC: HOUSEHOLD,

7.   SHABBIR PASHA S/O MUSTAN SHAHA,
     AGE: 53 YEARS, OCC: NIL,
     ALL ARE R/O. H.NO. 5-003/149, AZADPUR ROAD,
     SHA-JEELANI MASJID, UMAR COLONY,
     KALABURAGI-585 101.

                                              ...APPELLANTS

(BY SRI. BABU H. METAGUDDA, ADVOCATE)

AND:

1.   SANTOSH S/O SHIVAJI PAWAR,
     AGE: 35 YEARS, OCC: OWNER AND DRIVER OF
     VEHICLE NO. MH-16/AE-8089, R/O. PIMPALAVANDI,
     TQ. PATODA, DIST. BEED,
     (MAHARASHTRA), PIN CODE NO: 584 101.

2.   THE DIVISIONAL MANAGER,
     ORIENTAL INSURANCE CO. LTD.,
     OPP: MINI VIDHAN SOUDHA, N.G. COMPLEX,
     2ND FLOOR, STATION ROAD,
     KALABURAGI-585 101.

                                          ...RESPONDENTS

(BY SRI. MANJUNATH G. PATIL, ADVOCATE FOR R1 &
BY SRI. S. S. ASPALLI, ADVOCATE FOR R2)

       THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173 (1) OF M.V. ACT 1988, PRAYING TO A) CALL FOR
THE RECORDS IN M.V.C. NO.714/18 ON THE FILE OF THE PRL.
                           -3-
                                  NC: 2025:KHC-K:6645-DB
                                 MFA No. 200587 of 2020
                             C/W MFA No. 200586 of 2020
                                 MFA No. 204060 of 2023
HC-KAR                                     AND 1 OTHER


SENIOR CIVIL JUDGE AND MACT, AT KALABURAGI. B) ALLOW
THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
DATED 3.02.2020 PASSED IN M.V.C. NO;714/2018 BY THE
PRINCIPAL SENIOR CIVIL JUDGE AND MACT, AT KALABURAGI
AND AWARD THE COMPENSATION OF Rs.50,00,000/-WITH
12% INTEREST.



IN MFA NO.200586/2020:

BETWEEN:

1.   PARVEEN BEGUM W/O LATE SHAIK MASTAN
     @ MASTAN, AGE: 4 YEARS, OCC: HOUSEHOLD,

2.   MUSKAN ANJUM D/O LATE SHAIK MASTAN
     @ MASTAN, AGE: 21 YEARS, OCC: STUDENT,

3.   NEHA D/O LATE SHAIK MASTAN @ MASTAN,
     AGE: 20 YEARS, OCC: STUDENT,

4.   NELPAR D/O LATE SHAIK MASTAN @ MASTAN,
     AGE: 16 YEARS, OCC: STUDENT,

5.   TABASSUM D/O LATE SHAIK MASTAN @ MASTAN,
     AGE: 14 YEARS, OCC: STUDENT,

6.   REHAN S/O LATE SHAIK MASTAN @ MASTAN,
     AGE: 11 YEARS, OCC: STUDENT,

     APPELLANTS NO.4 & 6 ARE MINORS U/G
     OF APPELLANT NO.1 I.E, NATURAL MOTHER
     PARVEEN BEGUM,

7.   FATIMA BEGUM W/O SHAIK JAFAR,
     AGE: 67 YEARS, OCC: AGRICULTURE,
                            -4-
                                     NC: 2025:KHC-K:6645-DB
                                 MFA No. 200587 of 2020
                             C/W MFA No. 200586 of 2020
                                 MFA No. 204060 of 2023
HC-KAR                                     AND 1 OTHER


8.   NASIMA BEGUM D/O SHAIK JAFAR,
     AGE: 34 YEARS, OCC: NIL,

9.   SHAHEEN D/O SHAIK JAFAR ALI,
     AGE: 36 YEARS, OCC: NIL,

     ALL ARE R/O. UMAR COLONY, AZADPUR ROAD,
     KALABURAGI, PIN CODE NO: 585 101.

                                              ...APPELLANTS

(BY SRI. BABU H. METAGUDDA, ADVOCATE)

AND:

1.   SANTOSH S/O SHIVAJI PAWAR,
     AGE: 35 YEARS, OCC: OWNER AND DRIVER OF
     VEHICLE NO. MH-16/AE-8089, R/O. PIMPALAVANDI,
     TQ. PATODA, DIST. BEED,
     (MAHARASHTRA), PIN CODE NO: 584 101.

2.   THE DIVISIONAL MANAGER,
     ORIENTAL INSURANCE CO. LTD.,
     OPP: MINI VIDHAN SOUDHA, N.G. COMPLEX,
     2ND FLOOR, STATION ROAD,
     KALABURAGI-585 101.

                                           ...RESPONDENTS

(BY SRI. MANJUNATH G. PATIL, ADVOCATE FOR R1 &
BY SRI. S. S. ASPALLI, ADVOCATE FOR R2)

       THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173 (1) OF M.V. ACT 1988, PRAYING TO A) CALL FOR
THE RECORDS IN M.V.C. NO.713/18 ON THE FILE OF THE PRL.
SENIOR CIVIL JUDGE AND MACT, AT KALABURAGI. B) ALLOW
THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
DATED 3.02.2020 PASSED IN M.V.C. NO;713/2018 BY THE
                            -5-
                                   NC: 2025:KHC-K:6645-DB
                                 MFA No. 200587 of 2020
                             C/W MFA No. 200586 of 2020
                                 MFA No. 204060 of 2023
HC-KAR                                     AND 1 OTHER


PRINCIPAL SENIOR CIVIL JUDGE AND MACT, AT KALABURAGI
AND AWARD THE COMPENSATION OF Rs.49,50,000/-WITH
12% INTEREST.

IN MFA NO.204060/2023:

BETWEEN:

THE ORIENTAL INSURANCE COMPANY LTD.,
THROUGH ITS DIVISIONAL MANAGER,
OPP. MINI VIDHANA SOUDHA ,
MAIN ROAD, KALABURAGI,
NOW REPRESENTED BY ITS
AUTHORIZED SIGNATORIES,


                                            ...APPELLANTS
(BY SRI. S.S. ASPALLI, ADVOCATE)

AND:

1.   MD. ASIF S/O MD. AKBAR,
     AGE: 37 YEARS, OCC: PRIVATE SERVICE,
     (WORKING IN A FOOTWEAR SHOP)
     R/O. H.NO.4-2650
     RING ROAD, BASAVESHWAR COLONY,
     KALABURAGI - 585 104.

2.   SANTOSH S/O SHIVAJI PAWAR,
     AGE: MAJOR, OCC: BUSINESS, OWNER AND LORRY
     REGN. NO. MH-16/AE-8089,
     R/O. AT POST PIMPALAVANDI,
     TQ. PATODA, DIST. BEED,
     STATE. MAHARASHTRA,
     PIN CODE NO: 431 122.


                                        ...RESPONDENTS
(BY SRI. BABU H. METAGUDDA, ADVOCATE FOR R1 &
BY SRI. MANJUNATH G. PATIL, ADVOCATE FOR R2)
                            -6-
                                   NC: 2025:KHC-K:6645-DB
                                 MFA No. 200587 of 2020
                             C/W MFA No. 200586 of 2020
                                 MFA No. 204060 of 2023
HC-KAR                                     AND 1 OTHER




       THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173 (1) OF M.V. ACT, PRAYING TO A) CALL FOR THE
RECORDS IN M.V.C. NO.1016/18 DATED: 07.07.2023 ON THE
FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT -
KALABURAGI. B) SET ASIDE THE JUDGMENT AND AWARD
DATED: 07.07.2023 PASSED BY THE PRINCIPAL SENIOR CIVIL
JUDGE AND MACT KALABURAGI, IN MVC NO.1016/2018.



IN MFA NO.201042/2025:

BETWEEN:

THE ORIENTAL INSURANCE COMPANY LTD.,
THROUGH ITS DIVISIONAL MANAGER,
OPP. MINI VIDHANA SOUDHA ,
MAIN ROAD, KALABURAGI,
NOW REPRESENTED BY ITS
AUTHORIZED SIGNATORIES,


                                             ...APPELLANT

(BY SRI. S.S. ASPALLI, ADVOCATE)

AND:

1.   MOHD. QUTUBUDDIN
     S/O MOHAMMED KHAJA MOINUDDIN,
     AGED ABOUT: 41 YEARS, OCC: PRIVATE SERVICE
     (WORKING AS A DRIVER) UNDER DIFFERENCE
     GOODS VEHICLES OWNERS IN KALABURAGI,
     R/O. H.NO. 4-602/3, M.B. NAGAR ROAD,
     SANGRASWADI, NEAR PEER BUQARI MASJID,
     KALABURAGI - 585 104.
                            -7-
                                  NC: 2025:KHC-K:6645-DB
                                 MFA No. 200587 of 2020
                             C/W MFA No. 200586 of 2020
                                 MFA No. 204060 of 2023
HC-KAR                                     AND 1 OTHER


2.   SANTOSH S/O SHIVAJI PAWAR,
     AGE: MAJOR, OCC: BUSINESS (OWNER-COM-
     DRIVER) OF VEHICLE REGN. NO.MH-16/AE-8089,
     R/O. AT POST PIMPALAVANDI,
     TQ. PATODE, DIST. BEED,
     STATE. MAHARASHTRA,
     PIN CODE NO: 431 122.


                                         ...RESPONDENTS

(BY SRI. BABU H. METAGUDDA, ADVOCATE FOR R1 &
BY SRI. MANJUNATH G. PATIL, ADVOCATE FOR R2)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER

SECTION 173 (1) OF M.V. ACT, PRAYING TO A) CALL FOR THE

RECORDS IN M.V.C. NO.1015/18 DATED: 30.09.2023 ON THE

FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND MACT

- KALABURAGI. B) SET ASIDE THE JUDGMENT AND AWARD

DATED: 30.09.2023 PASSED BY THE III ADDITIONAL SENIOR

CIVIL JUDGE AND MACT KALABURAGI, IN MVC NO.1015/2018.



      THESE APPEALS, COMING ON FOR ADMISSION, 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
                               -8-
                                      NC: 2025:KHC-K:6645-DB
                                     MFA No. 200587 of 2020
                                 C/W MFA No. 200586 of 2020
                                     MFA No. 204060 of 2023
HC-KAR                                         AND 1 OTHER


                       ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)

All four appeals being MFA Nos.200587/2020,

200586/2020, 204060/2023 and 201042/2025, arising out

of a common accident occurred on 17.02.2018. On that

day, the claimant in the injury case and the deceased in

the death case were traveling in an auto-rickshaw bearing

registration No.KA-32/A-4236 towards Sedam, when they

reached near Madbool cross on the Sedam-Kalaburagi

Highway at about 09.45 p.m., the driver of the lorry

bearing registration No.MH-16/AE-8089 came in high

speed from opposite direction and collided with the said

auto, the accident was occurred.

2. In all four cases, the parties have filed separate

claim petitions before different Tribunals in Kalaburagi

District.

NC: 2025:KHC-K:6645-DB

HC-KAR AND 1 OTHER

3. In case of death is concerned, the claim petition

was rejected on the ground that the claimant has failed to

prove the occurrence of the accident.

4. In case of injuries, the claim petitions have

been allowed awarding the compensation. The Tribunals

held that the driver of the offending lorry bearing

registration No.MH-16/AE-8089 was negligent in driving

the said vehicle and causing the accident.

5. Since all four cases arises from the common

accident occurred on 17.02.2018 between auto-rickshaw

bearing registration No.KA-32/A-4236 and lorry bearing

registration No.MH-16/AE-8089. Hence, all four cases have

been registered and being conducted by three different

Tribunals, the contradictory views have arisen.

6. In view of the above discussion and in the

interest of justice, we are of the considered opinion that all

four appeals deserves to be allowed. The matters should

be remanded to the Tribunal for reconsideration. The

- 10 -

NC: 2025:KHC-K:6645-DB

HC-KAR AND 1 OTHER

Principal District Judge, Kalaburagi is directed to place the

matters before Single Tribunal to decide the claim

petitions. Hence, we proceed to pass the following:

ORDER

(a) The appeals are allowed accordingly.

(b) The judgment and award passed by the Tribunals are to be set aside and the matters are remitted back to the Tribunal to reconsider after giving an opportunity to both the parties to adduce their evidence and produce additional documents.

(c) The Principal District Judge, Kalaburagi shall ensure that all the matters are placed before a single Tribunal within two weeks from the date of receipt of copy of this order to decide the claim petitions.

Sd/-

(H.T.NARENDRA PRASAD) JUDGE

Sd/-

(TYAGARAJA N. INAVALLY) JUDGE