Karnataka High Court
Pramod S/O Mallappa Badiger vs Maibub And Anr on 13 October, 2025
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MFA No. 200895 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 200895 OF 2019 (MV-I)
BETWEEN:
PRAMOD S/O. MALLAPPA BADIGER,
AGE 11 YEARS, OCC.NILL,
SINCE MINOR REPRESENTED BY HIS MOTHER,
SIDDAMMA,
W/O. MALLAPPA BADIGEER,
AGE 35 YEARS, OCC. HOUSEHOLD,
R/O. MANASUNAGI, TQ. JEWARGI,
DIST. KALABURAGI NOW AT VIJAYAPUR-586101.
...APPELLANT
(BY SRI. JIDAGE KAILASH C, ADVOCATE)
AND:
Digitally signed 1. MAIBUB,
by SUMITRA S/O. HUSSAIN SIKKALAGAR,
SHERIGAR AGE 47 YEARS, OCC. CHIKKASINDAGI,
Location: HIGH R/O. SINDAGI, DIST: VIJAYAPUR-586101.
COURT OF
KARNATAKA
2. THE DIVISIONAL MANAGER
ORIENTAL INSURANCE COMPANY LIMITED,
BIDARI COMPLEX, 1ST FLOOR S.S. FRONT ROAD,
VIJAYAPUR-586101.
...RESPONDENTS
(BY SRI. SANJAY M. JOSHI, ADV. FOR R2; R1 IS SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
SET ASIDE THE DISMISSAL ORDER DATED 07.02.2019 IN MVC
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MFA No. 200895 of 2019
HC-KAR
NO.157/2016 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE
AND MEMBER MACT-VI, VIJAYPUR, WHEREIN IN CLAIM
PETITION IS DISMISSED, HENCE, THIS APPEAL FOR SETTING
ASIDE THE DISMISSAL ORDER BY ALLOWING THE APPEAL AND
AWARDING THE COMPENSATION OF RS.11,50,000/- TO THE
APPELLANT AND ABOVE ALONG WITH INTEREST AT 12% FROM
THE DATE OF PETITION TILL REALIZATION, IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS APPEAL IS COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. Heard the arguments from both sides.
2. This appeal is filed by the minor injured claimant,
represented by his mother seeking to set aside the order
dated 07.02.2019 passed in MVC No.157/2016 by the I
Additional Senior Civil Judge and MACT VI, Vijayapura (for
short 'the tribunal').
3. While the minor injured claimant was proceeding
along with his mother towards Golageri Naka on 27.08.2025
a motorcycle bearing registration No.TR.No.28/NT-8794
came from Golageri side in a rash and negligent manner and
dashed to the minor claimant. The minor claimant was aged
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08 years as on the date of the accident. The tribunal
considering the entire evidence on record, dismissed the
claim petition. Aggrieved by the said order this appeal is
preferred.
4. Learned counsel for the appellant has mainly
contended that, due to the road traffic accident, the minor
claimant sustained fracture injuries and other multiple
injuries all over the body. He was admitted in the Dr. Tanga
Hospital, Vijayapura, wherein, he was inpatient for 15 days
and undergone surgery by spending huge amount for
treatment. A Criminal case in Crime No.235/2015 was
registered. The tribunal did not examine the police records,
which are public records, and failed to appreciate the
evidence of P.W.1 and P.W.2 and also failed to appreciate
evidence regarding nature of injuries and treatment to the
minor. As per the FIR he was shifted to the hospital through
Ambulance on 27.08.2015 at about 03.20 p.m. But the
evidence of the treated Doctor was not considered and the
tribunal dismissed the petition on the ground that, there is
delay of 09 days in filing the complaint.
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5. The tribunal has observed that the father of the
minor claimant was not examined regarding delay in giving
the complaint. The Insurance company disputed the accident
in their written statement and also examined R.W.1,
accordingly dismissed the claim petition.
6. The petitioner met with the accident on
27.08.2025 at about 03.20 p.m.. As per the wound
certificate he sustained fracture injuries which are grievous
in nature. He was admitted in the hospital on 27.08.2015
and discharged on 08.09.2015 at 11.30 a.m. The complaint
was given on 04.09.2015 i.e. after the delay of 09 days. As
per the discharge summary, he was admitted on 27.08.2015
and discharged on 08.09.2015.
7. The main contention of the Insurance company is
that there is no proper explanation regarding delay of 09
days in filing the complaint. Admittedly, since the injured
claimant is a minor son, his father might have been busy in
taking care and hospitalization of his son i.e. from
27.08.2025 to 08.09.2025 and the complaint was given on
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04.09.2015, while the injured son was in the hospital.
Therefore, merely on the ground of delay, it cannot be said
that, the complaint was belated and delay is not properly
explained. The reasoning of the tribunal is patently
erroneous and is set aside. Since the Motor Vehicles Act is a
beneficial legislation and it shall always be interpreted in
favour of the victims. Therefore, this Court finds it proper to
set aside the order of the tribunal and to remand the matter
to the tribunal.
8. Accordingly, the following order:
ORDER
(i) The appeal is allowed.
(ii) The impugned order of the tribunal is
set aside.
(iii) The matter is remanded back to the
tribunal with a specific direction to the tribunal to
give reasonable opportunity to both sides to
advance their arguments and to dispose of the
matter afresh by duly giving opportunity to both
sides, within two months from the date of this
order, as the accident is of the year 2016.
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(iv) Registry is directed to send the records
to the concerned tribunal in one week.
(v) Both the parties are directed to appear
before the tribunal on 27.10.2025.
Sd/-
(P SREE SUDHA)
JUDGE
SVH
CT:RJ
