Karnataka High Court
Vishwa S/O. Shivanand Bellary vs The Branch Manager on 24 October, 2025
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NC: 2025:KHC-D:14218
MFA No. 101429 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 24TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
M.F.A. NO. 101429 OF 2015 (MV-I)
BETWEEN:
SRI. VISHWA S/O. SHIVANAND BELLARY,
AGE: 26 YEARS, OCC: HARDWARE BUSINESS,
R/O. RAJENDRA NAGAR,
TQ. & DIST. HAVERI-581110.
...APPELLANT
(BY SRI. PRASHANTH V. MOGALI, ADVOCATE)
AND:
1. THE BRANCH MANAGER,
ORIENTAL INSURANCE CO. LTD.,
SIDDESHWAR CHAMBERS,
CELLAR FLOOR BELOW VIJAYA BANK,
P. B. ROAD, HAVERI-581110.
2. ABDUL MUNAF
Digitally signed by
S/O. MEHABOOBSAB DODDAMANI @ JATIGAR,
V N BADIGER
Location: HIGH
AGE: 34 YEARS, OCC: AUTOMOBILE BUSINESS,
COURT OF
KARNATAKA,
R/O. ALDAKATTI, TQ. DIST. HAVERI-581110.
DHARWAD
BENCH ...RESPONDENTS
(BY SRI. S. S. JOSHI, ADV. FOR R1;
NOTICE TO R2 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO SET
ASIDE THE JUDGMENT AND AWARD DATED 31.10.2014 IN
M.V.C. NO.04/2013 PASSED BY THE LEARNED ADDL. SENIOR
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MFA No. 101429 of 2015
HC-KAR
CIVIL JUDGE AND AMACT, HAVERI, BY ALLOWING THIS APPEAL,
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI)
1. Respondent No.1 in MVC No. 4/2013 has preferred
this appeal challenging the judgment and award dated
31.10.2014 passed in MVC No. 4/2013 by the Learned
Additional Senior Civil Judge and AMACT, Haveri
(hereinafter referred to as 'Tribunal') to the limited extent
questioning correctness of saddling him with the liability to
pay 50% of the compensation amount i.e., ₹66,300/- along
with interest.
2. Perusal of the record reveals that learned Tribunal has
partly allowed the claim petition filed by Sri Abdul Munaf
under Section 166 of the M.V. Act and held that Respondent
Nos.1 and 2 are jointly and severally liable to pay 50% of
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HC-KAR
the compensation amount, i.e., ₹66,300/-, together with
interest thereon at 6% per annum from the date of petition
till realisation.
3. It was the case of the Claimant that on 15.09.2012 at
about 3.15 p.m. when he was riding the motor cycle
bearing No.KA-27-S-5284 on Haveri and Hangal Road, near
Fire Station in Haveri, he met with an accident due to
actionable negligence on the part of the rider of the motor
cycle bearing No.KA-27-X-1999 and sustained injuries in
the said incident.
4. Undisputedly, Appellant herein is the owner and
Respondent No.1 herein - the Oriental Insurance Company
Ltd., is the insurer of the motor cycle bearing No.KA-27-X-
1999. The Tribunal, while answering Issue No.2, has held
that the accident in question occurred due to contributory
negligence of the Claimant as well as Respondent No.1
therein and that they were equally responsible for the
accident. In view of the same, learned Tribunal while
considering the question of satisfying the award, fixed the
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HC-KAR
liability of 50% each on Claimant and Respondent No.1
therein. Accordingly, learned Tribunal held that respondent
Nos.1 and 2 are jointly and severally liable to pay 50% of
the compensation amount i.e. Rs.66,300/- out of total
compensation of Rs.1,32,600/- together with interest.
5. The Appellant, who is Respondent No.1 before the
Tribunal has preferred this appeal challenging the liability
caste on him by the Tribunal on the ground that it has not
failed to consider existing valid policy. The above narrated
factual aspects of the case give an impression that the
Appellant has preferred this appeal under a wrong notion
and without properly going through the findings recorded by
the learned Tribunal. In view of the same, this Court holds
that the Appellant has not made out any valid ground to
interfere with the impugned judgment and award as prayed
in the appeal.
6. In the result, this Court proceeds to pass the
following:
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HC-KAR
ORDER
i) The appeal is dismissed.
ii) The Appellant is permitted to withdraw the
amount in deposit, if any, made by him
before this Court.
Sd/-
(B. MURALIDHARA PAI)
JUDGE
VB, MBS /CT-AN
