Karnataka High Court
Smt.Shanta W/O. Siddanna Hallur @ ... vs Vithal S/O.Parasappa Biradar on 29 October, 2025
Author: S G Pandit
Bench: S G Pandit
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MFA No. 100383 of 2019
C/W MFA No. 102924 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 29TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO. 100383 OF 2019 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 102924 OF 2018
IN MFA NO.100383/2019
BETWEEN:
1. SMT. SHANTA
W/O. SIDDANNA HALLUR @ HOSAMANI
AGE: 48 YEARS, OCC: HOUSEWIFE,
R/O. BHAGVATI VILLAGE,
TQ. AND DIST: BAGALKOT.
Digitally signed by
BHARATHI H M
Location: HIGH 2. VIDYASHREE
COURT OF
KARNATAKA
DHARWAD BENCH
Date: 2025.11.04
D/O. SIDDANNA HALLUR @ HOSAMANI
10:47:20 +0530
AGE: 26 YEARS, OCC: STUDENT,
R/O. BHAGVATI VILLAGE,
TQ. AND DIST:BAGALKOT.
3. SHRISHAIL
S/O. SIDDANNA HALLUR @ HOSAMANI
AGE: 23 YEARS, OCC: STUDENT,
R/O. BHAGVATI VILLAGE,
TQ. AND DIST: BAGALKOT.
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MFA No. 100383 of 2019
C/W MFA No. 102924 of 2018
HC-KAR
4. SMT. GANGAVVA
W/O. GURUBASAPPA HALLUR @ HOSAMANI
AGE: 79 YEARS, OCC: HOUSEWIFE,
R/O. BHAGVATI VILLAGE,
TQ. AND DIST: BAGALKOT.
...APPELLANTS
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. VITHAL S/O. PARASAPPA BIRADAR
AGE: 31 YEARS, OCC: AGRICULTURE,
AT.PO: BENNUR,
TQ. AND DIST: BAGALKOT-587102.
(OWNER OF THE MOTOR CYCLE
BEARING REG.NO.KA-29 W-8381)
2. THE BRANCH MANAGER
NATIONAL INSURANCE CO. LTD.,
MELLIGERI COMPLEX, KALADAGI ROAD,
BAGALKOT-587101.
...RESPONDENTS
(BY SRI. SURESH S. GUNDI, ADVOCATE FOR R2;
NOTICE SERVED TO R2)
THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO ENHANCING THE COMPENSATION FROM
RS.3,54,180/- TO RS.20,50,000/-, BY MODIFYING THE
JUDGMENT AND AWARD DATED 15.05.2018 PASSED IN MVC
NO.305/2014 ON THE FILE OF THE MEMBER MOTOR ACCIDENT
CLAIMS TRIBUNAL-III, BAGALKOT, IN THE INTEREST OF
JUSTICE AND EQUITY.
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MFA No. 100383 of 2019
C/W MFA No. 102924 of 2018
HC-KAR
IN MFA NO.102924/2018
BETWEEN:
THE BRANCH MANAGER
NATIONAL INSURANCE CO. LTD.,
MELLIGERI COMPLEX, KALADAGI ROAD,
BAGALKOT PIN 587101
NOW REPRESENTED BY ITS AUTHORIZED
SIGNATORY
...APPELLANT
(BY SRI. SURESH S. GUNDI, ADVOCATE)
AND:
1. SMT. SHANTA W/O. SIDDANNA HALLUR
@ HOSAMANI
AGE:48 YEARS, OCC: H.W.,
R/O.BHAGAVATI VILLAGE
TQ. AND DIST. BAGALKOT 587115.
2. VIDYASHREE D/O. SIDDANNA HALLUR
@ HOSMANI
AGE: 26 YEARS, OCC: STUDENT,
R/O. BHAGAVATI VILLAGE
TQ. AND DIST. BAGALKOT 587115.
3. SHRISHAIL
S/O. SIDDANNA HALLUR @ HOSMANI
AGE: 23, OCC: STUDENT,
R/O. BHAGAVATI VILLAGE
TQ. AND DIST. BAGALKOT 587115.
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MFA No. 100383 of 2019
C/W MFA No. 102924 of 2018
HC-KAR
4. SMT. GANGAWWA W/O. GURABASAPPA
HALLUR @ HOSMANI
AGE: 79 YEARS, OCC: H.W.
R/O. BHAGAVATI VILLAGE
TQ. AND DIST. BAGALKOT 587115.
5. VITHAL S/O. PARASAPPA BIRADAR
AGE: 34 YEARS, OCC: AGRICULTURE
A/P. BENNUR,
TQ. AND DIST.BAGALKOT 587111
OWNER OF MOTOR CYCLE BEARING
REG.NO.KA-29 W-8381.
...RESPONDENTS
(BY SRI. CHANDRASHEKAR M. HOSAMANI, ADVOCATE FOR R1
TO R4;
NOTICE SERVED TO R5)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988,
PRAYING TO CALL FOR RECORDS AND SET ASIDE THE
JUDGMENT AND AWARD DATED 15.05.2018 PASSED IN MVC
NO.305/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT
CLAIMS TRIBUNAL-III, BAGALKOT AND ETC.,.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
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MFA No. 100383 of 2019
C/W MFA No. 102924 of 2018
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
The above appeals are directed against the judgment
and award dated 15.05.2018 in MVC No.305/2014 on the
file of MACT-III, Bagalkot (for short, 'Tribunal').
2. MFA No.100383/2019 is by the claimants not
being satisfied with the quantum of compensation, praying
for enhancement of compensation, whereas MFA
No.102924/2018 is by the insurer questioning the liability
saddled on it.
3. Heard learned counsel, Sri.Chandrashekhar M
Hosamani for claimants and learned counsel, Sri.Suresh S
Gundi for insurer in both the appeals. Perused the entire
appeal papers including the certified copy of the order sheet
in MVC No.305/2014 made available by learned counsel for
insurer Sri.Suresh S Gundi during the course of hearing.
4. The claimants filed claim petition under Section
166 of the Motor Vehicles Act, 1989 claiming compensation
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for the accidental death of one Siddanna that occurred on
07.07.2014 involving motorcycle bearing Reg.No.KA-29/X-
2055 and motorcycle bearing Reg.No.KA-29/W-8381. It is
stated that the deceased Siddanna was earning ₹12,000/-
per month and was aged 50 years as on the date of
accident.
5. Notice of the claim petition was issued and
respondent No.1 remained absent. Respondent No.2
insurance company appeared and filed its objection to the
claim petition, denying the claim petition averments.
Respondent No.2 further contended that the rider of the
motorcycle bearing No.KA-29/W-8381, which was insured
with them, was not holding valid and effective driving
licence at the time of the accident and it is also contented
that he was not qualified for holding or obtaining such
driving licence.
examined themselves as PW.1 and PW.2 and marked
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Exs.P.1 to P.11 in support of their claim, whereas no
evidence was let in on behalf of respondent-insurance
company.
7. The Tribunal on considering the material on
record, awarded compensation of ₹3,54,180/-. Not being
satisfied with the quantum of compensation, the claimants
are before this Court. Whereas, insurer is before this Court
questioning the liability saddled on it, without providing any
opportunity to lead their evidence.
8. Learned counsel Sri.Chandrashekhar M Hosamani
would contend that the compensation awarded by the
Tribunal is on the lower side and further he submits that the
income assessed by the Tribunal at ₹6,000/- of the
deceased is on the lower side. As per the income chart
prepared by the Karnataka State Legal Services Authority,
for the accident of the year 2014 normally the notional
income would be taken at ₹7,500/- p.m.
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9. Learned counsel for the claimants would submit
that the claimants would be entitled for enhanced
consortium i.e., at the rate of ₹40,000/- each. Thus, he
prays for enhancement of compensation.
10. Learned counsel, Sri.Suresh S Gundi appearing
on behalf of insurer mainly contends that the matter needs
to be remanded since no opportunity was provided to the
insurer to let in their evidence. Learned counsel would
submit that when the insurer has taken a specific
contention that the rider of the offending vehicle had no
valid and effective driving licence as on the date of accident,
the insurer ought to have been provided opportunity to
prove the said contention.
11. Learned counsel invites attention of this Court to
the certified copy of the order sheet in MVC No.305/2014
and submits that after the orders on I.A.No.3, without
posting the matter for evidence of respondent-insurer, the
Tribunal proceeded to post the petition for judgment. Thus,
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learned counsel would pray for an opportunity to lead
evidence of the insurer by remanding the matter to the
Tribunal.
12. Having heard the learned counsels for the parties
and on perusal of the entire appeal memo as well as the
certified copy of the order sheet in MVC No.305/2014, the
following point would arise for consideration:
i. Whether as contended by the learned counsel
for the insurer, the insurer needs to be
provided an opportunity to lead their evidence?
13. Answer to the above point would be in the
affirmative for the following reasons:
14. The insurer has not disputed the accident, that
took place on 07.07.2014 involving motorcycle bearing
Reg.No.KA-29/X-2055 and motorcycle bearing Reg.No.KA-
29/W-8381 and the accidental death of Siddanna.
15. The claimants are in appeal praying for
enhancement of compensation. Before determining the
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question as to whether the appellants/claimants would be
entitled for enhanced compensation, the question as to
whether an opportunity to lead evidence is to be provided to
the insurer requires consideration.
16. We have perused the certified copy of the order
sheet in MVC No.305/2014 on the file of Principal District
and Sessions Judge, Bagalkot. I.A.No.3 was filed under
Order VI Rule 17 of CPC by the claimants to amend the
claim petition on 21.07.2016. Thereafter, on 21.10.2016
the I.A. was posted for orders by 09.11.2016. The matter
was adjourned for orders on I.A.No.3 from time to time and
the order on I.A.No.3 was pronounced on 02.02.2018.
Thereafter, the Tribunal instead of posting the petition for
evidence of the insurer proceeded to post the petition for
judgment.
17. From scanning of the entire order sheet, we do
not find posting the petition for evidence of the respondent-
insurer subsequent to disposal of I.A.No.3. When the
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insurer had taken up specific plea that the rider of the
offending motorcycle had no valid and effective driving
licence as on the date of the accident, the insurer was
entitled for an opportunity to lead evidence to prove the
said contention. Not providing of opportunity to lead
evidence has resulted in violation of the principles of natural
justice. Thus, we are of the opinion that the insurer would
be entitled to lead evidence before the Tribunal.
18. As we have come to the conclusion that the
respondent-insurer would be entitled for an opportunity to
lead its evidence, we have not examined the question as to
whether the claimants would be entitled for enhancement of
compensation, which is left open.
19. In view of the aforesaid discussion, the following:
ORDER
i) MFA No.100383/2019 filed by the claimants is
disposed of.
ii) MFA No.102924/2018 filed by the insurer is
allowed.
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iii) The judgment and award dated 15.05.2018 in
MVC No.305/2014 on the file of I Additional
Senior Civil Judge and M.A.C.T.-III, Bagalkot is
set aside. The matter is remitted back to the
M.A.C.T.-III, Bagalkot for fresh consideration
from the stage of providing opportunity to lead
evidence to respondent-insurer.
iv) The Tribunal to dispose of the claim petition
within 6 months from the date of appearance of
the parties.
v) The parties shall appear before the Tribunal on
20.11.2025 without any further notice from the
Tribunal. On the said date or immediately on the
next date, the insurer shall lead evidence.
vi) Amount in deposit be refunded to the appellant-
insurer in MFA No.102924/2018.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(GEETHA K.B.)
JUDGE
SH, CT-CMU
