[Cites 1, Cited by 0]
Karnataka High Court
Renuka W/O Ramesh Kolkar vs Ramesh @ Ramappa And Anr on 13 January, 2026
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NC: 2026:KHC-K:179
MFA No. 202286 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 202286 OF 2019 (MV-I)
BETWEEN:
RENUKA W/O RAMESH KOLKAR,
AGE: 34 YEARS, OCC: AGRICULTURE,
R/O. BIDARKUNDI VILLAGE, TQ. MUDDEBIHAL, DIST.
VIJAYAPURA.
...APPELLANT
(BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
Digitally signed
by LUCYGRACE
1. RAMESH @ RAMAPPA S/O HANAMANT KOLKAR,
Location: HIGH AGE: 52 YEARS, OCC: BUSINESS,
COURT OF
KARNATAKA R/O. H.NO.589/5, NEAR GANESH TEMPLE,
MANGOR HILL, VASCO, SOUTH GOA,
GOA-403 802.
2. THE BRANCH MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
HANAMSHETTY BUILDING, GURUKUL ROAD,
VIJAYAPURA-586 101.
...RESPONDENTS
(BY SMT. SHASHIKALA JAHAGIRDAR, ADVOCATE FOR R2;
R1 SERVED)
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NC: 2026:KHC-K:179
MFA No. 202286 of 2019
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE
IMPUGNED JUDGMENT AND AWARD DATED 06-07-2019
PASSED BY THE LEARNED IV ADDL. DIST. JUDGE & MACT-XIII,
VIJAYAPUR, IN MVC NO.1018/2015 AND PASS REASONABLE
AWARD. ALTERNATIVELY THE HON'BLE COURT MAY KINDLY BE
PLEASED TO REMAND THE MATTER TO THE LEARNED
TRIBUNAL FOR A FRESH TRIAL PROVIDING OPPORTUNITY TO
LEAD THE FURTHER EVIDENCE OF APPELLANT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
1. Heard the learned counsels for the parties.
2. In this appeal, the appellant/claimant is assailing
the Judgment and award dated 06.07.2019 in MVC
No.1018/2015 on the file of the Motor Accidents Claims
Tribunal No.13, Vijayapur, dismissing the petition filed by the
claimant under Section 166 of the Motor Vehicles Act.
3. For the sake of brevity, the parties in the appeal
shall be referred to in terms of their status and ranking
before the tribunal.
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HC-KAR
4. The factual matrix of the case are that, on
19.05.2015 the claimant was a pillion rider in which the
respondent No.1 was the driver of the motorcycle bearing
registration No.GA-06/J-0829. It is further stated in the
claim petition that, mother and the brother of the claimant
was traveling in another motorcycle and when they reached
near Gattaragi Bhagammadevi Temple from Bidarkundi side,
the respondent No.1 drove the motorcycle in a rash and
negligent manner and as such, the motorcycle met with
accident and as a result, the claimant sustained grievous
injuries. Hence, the claimant/appellant has filed MVC
No.1018/2015 seeking compensation from the respondents.
After service of notice, the respondent No.2 entered
appearance and contested the matter. The respondent No.1
placed ex-parte.
5. The claimant has adduced evidence as P.W.1 and
examined the treating Doctor as P.W.2. The claimant has
produced ten documents and the same were marked as
Ex.P.1 to Ex.P.10. On the other hand, respondent-Insurance
company has marked Insurance policy as Ex.R.1. The
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HC-KAR
tribunal after considering the material evidence on record,
vide its Judgment and award dated 06.07.2019, dismissed
the claim petition. Feeling aggrieved by the same, the
claimant has preferred the present appeal.
6. Heard Sri. Sanganagouda V. Biradar, learned
counsel appearing for the appellant and Smt. Shashikala
Jahagirdar, learned counsel for the respondent No.2.
7. It is contended by the learned counsel for the
claimant that, the tribunal has committed an error in
dismissing the claim petition on the sole ground that the
claimant/appellant has suppressed the fact that, the
respondent No.1 was husband of the claimant and in this
regard sought for interference of this Court. It is also argued
by the learned counsel appearing for the appellant that the
police records speaks about the alleged accident which is not
disputed and in that view of the matter, the interference is
called for in this appeal. Accordingly, sought for allowing the
appeal.
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HC-KAR
8. Per contra, learned counsel appearing for the
respondent No.2 sought to justify the impugned Judgment
and award passed by the tribunal.
9. Having heard the learned counsel appearing for
the parties and on careful consideration of the records would
indicate that, on 19.05.2015, the claimant sustained injuries
on account of the accident, involving the motorcycle bearing
registration No.GA-06/J-0829. I have carefully examined the
findings recorded by the tribunal particularly with respect to
paragraph Nos.9 to 14, wherein it is concluded by the
tribunal that, the claimant/appellant has not whispered in the
claim petition as to her relationship with the respondent No.1
who is happened to be the husband of the claimant herein. It
is also forthcoming from the address mentioned in the cause
title in the claim petition that the claimant is resident of
Bidarkundi village of Vijayapura district and the address of
the respondent No.1 was stated to have residing at Goa. In
this regard on careful consideration of the finding recorded
by the tribunal, wherein, nowhere in the claim petition, the
claimant has stated about the alleged accident was occurred
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HC-KAR
on account of the negligent act of her husband. That apart,
the complainant is the mother of the claimant and the
complaint has not been filed by the claimant. It is also to be
noted from the finding recorded by the tribunal, wherein the
respondent No.1 has been placed ex-parte and husband of
the claimant has not contested the case on merits. In that
view of the matter, taking into consideration the finding
recorded by the tribunal, I am of the view that the tribunal
after considering the entire material evidence on record, has
substantiated the reasons for dismissal of the claim petition
and in that view of the matter, I am of the view that, the
contentions raised by the claimant/appellant cannot be
accepted.
10. In the result, the appeal fails and accordingly the
same is dismissed.
Sd/-
(E.S.INDIRESH)
JUDGE
SVH
List No.: 1 Sl No.: 2
CT:PK
