[Cites 1, Cited by 0]
Karnataka High Court
Rizwan Begum And Ors vs Mr.Anjanna And Anr on 21 January, 2026
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MFA No. 201669 of 2019
C/W MFA No. 201668 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 201669 OF 2019 (MV-D)
C/W
MISCL. FIRST APPEAL NO. 201668 OF 2019 (MV-D)
IN MFA No. 201669/2019:
BETWEEN:
1. BABUMIYAN S/O SHAHASAB ALI JAMADAR,
AGE: 65 YEARS, OCC: NIL,
R/O. MARKHAL, TQ. HUMNABAD,
DIST. BIDAR-584 101.
Digitally signed 2. MUMTAZ BEGUM W/O BABUMIYAN JAMADAR,
by LUCYGRACE AGE: 55 YEARS, OCC: HOUSE HOLD,
Location: HIGH R/O. REST AS ABOVE.
COURT OF
KARNATAKA 3. JAKIYA BEGUM D/O BABUMIYAN JAMADAR,
AGE: 23 YEARS, OCC: STUDENT,
R/O. REST AS ABOVE.
...APPELLANTS
(BY SRI BABU H. METAGUDDA, ADVOCATE)
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AND:
1. MR.ANJANNA S/O NARSAPPA,
AGE: 55 YEARS, OCC: AGRIL. & BUSINESS,
R/O. SHEKAPUR. TQ. & DIST. BIDAR-584101.
2. THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO. LTD,
OPP. MINI VIDHAN SOUDHA, KALABURAGI-585101.
...RESPONDENTS
(BY SRI S.S. ASPALLI, ADVOCATE FOR R2;
R1 SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND SET
ASIDE THE JUDGMENT AND AWARD DATED 27.10.2016
PASSED IN MVC NO.638/2014 BY THE SENIOR CIVIL JUDGE
AND MACT, HUMNABAD, AND AWARD THE COMPENSATION OF
RS.15,00,000/- WITH 12% INTEREST.
IN MFA NO. 201668/2019:
BETWEEN:
1. RIZWAN BEGUM W/O YOUSUF KHAN,
AGE: 33 YEARS, OCC: HOUSEHOLD,
R/O. MARKHAL, TQ. HUMNABAD,
DIST. BIDAR-584101.
2. SHIEEN BEGUM D/O YOUSUF KHAN,
AGE: 23 YEARS, OCC: STUDENT,
R/O. REST AS ABOVE.
3. SABA ASHA D/O YOUSUF KHAN,
AGE: 21 YEARS, OCC: STUDENT,
R/O. REST AS ABOVE.
4. ZEBA FAREEN D/O YOUSUF KHAN,
AGE: 19 YEARS, OCC: STUDENT,
R/O. REST AS ABOVE.
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5. MD. SUFIYAN S/O YOUSUF KHAN,
AGE: 17 YEARS, OCC: STUDENT,
R/O. REST AS ABOVE.
6. MD. FAIZAN S/O YOUSUF KHAN,
AGE: 8 YEARS, OCC: STUDENT,
R/O. REST AS ABOVE,
APPELLANT NO. 5-6 ARE MINOR UNDER
GUARDIANSHIP OF THE APPELLANT NO.1-584101.
...APPELLANTS
(BY SRI BABU H. METAGUDDA, ADVOCATE)
AND:
1. MR. ANJANNA S/O NARSAPPA,
AGE:55 YEARS, OCC: AGRIL. & BUSINESS,
R/O. SHEKAPUR. TQ. & DIST: BIDAR-584101.
2. THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO. LTD,
OPP: MINI VIDHAN SOUDHA, KALABURAGI-585101.
...RESPONDENTS
(BY SRI S.S. ASPALLI, ADVOCATE FOR R2;
V/O DTD. 02.06.2025 NOTICE TO R1 IS HELD SUFFICIENT)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND
AWARD DATED 27.10.2016 PASSED IN MVC NO.636/2014 BY
THE SENIOR CIVIL JUDGE AND MACT, HUMNABAD, AND
AWARD THE COMPENSATION OF RS.15,00,000/- WITH 12%
INTEREST. AND GRANT SUCH OTHER AND FURTHER RELIEF'S
AS THIS HON'BLE COURT DEEMS FIT IN THE
CIRCUMSTANCES OF THE CASE.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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HC-KAR
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
1. Heard the learned counsel appeal for the parties.
2. These appeals are preferred by the claimants
assailing the Judgment and award dated 27.10.2016 in MVC
No.636/2014 and MVC No.638/2014 on the file of Senior Civil
Judge and MACT, Humnabad, (for short 'the Tribunal')
dismissing the claim petitions.
3. For the sake of convenience, the parties will be
referred to as per their ranking before the Tribunal.
4. The relevant facts for adjudication of this appeal are
that on 18.05.2014 the deceased Yusuf Khan and Iliyas Khan
along with others were proceeding in an Auto rickshaw bearing
registration No.KA-32/B-6149 towards Bidar and when the Auto
Rickshaw reached near Devani Farm on Bidar-Humnabad road,
at that time one Indica car bearing registration No.KA-38/8097,
being driven in a rash and negligent manner dashed to the Auto
rickshaw and thereafter, the said Indica car was not stopped
and left the accident place. Thereafter, the deceased Yusuf
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Khan and Iliyas Khan were taken to the hospital. The Yusuf
Khan died in the Government Hospital. Iliyas Khan was taken to
the OWAISI hospital, Hyderabad and taken treatment from
12.07.2014 to 13.07.2014. Again he was shifted to
Government Hospital and on the same day he died. Hence, the
legal representatives of deceased Yusuf Khan and Iliyas Khan
have filed claim petitions in MVC No.636/2024 and MVC
No.638/2014, respectively. Both the petitions were clubbed
together by the Tribunal.
5. After service of notice, the respondents entered
appearance and contested the matter on merits.
6. It is the specific case of the respondent-Insurance
company that the vehicle in question was not involved in the
accident. Therefore, sought for dismissal of the claim petitions.
In order to establish their case, three witnesses were examined
by the claimants as P.W.1 to P.W.3 and marked 23 documents
as Ex.P.1 to Ex.P.23. Respondents have examined one witness
as R.W.1 and marked two documents as Ex.R.1 and Ex.R.2.
The Tribunal after considering the material on record by its
Judgment and award dated 27.10.2016, dismissed both the
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claim petitions. Feeling aggrieved by the same, the claimants
has preferred these appeals.
7. Heard Sri.Babu H.Metagudda, learned counsel
appearing for the claimants and Sri. S.S.Aspalli, learned
counsel for the respondent No.2 in both the appeals.
8. Learned counsel Sri. Babu H. Metagudda, appearing
for the appellants by inviting the attention of this Court to
paragraph No.16, 17 and 23 of the impugned Judgment of the
tribunal and submitted that the Tribunal has committed an
error in dismissing the claim petitions solely on the ground that
the charge-sheet was filed beyond 121 days and therefore the
said finding recorded by the Tribunal requires to be interfered
with, as the evidence on record would substantiate the fact that
the Indica Car bearing registration No.KA-38/8097 was
involved in the accident and accordingly sought for
interference. In order to substantiate their case, learned
counsel appearing for the appellants places reliance on the
Judgment of the Hon'ble Supreme Court in SLP(C)
No.10351/2019, dated 25.02.2025 and contended that, the
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finding recorded by the Tribunal requires to be interfered with
in this case.
9. Per contra, Sri. S.S.Aspalli, learned counsel
appearing for the respondent-Insurance company, strenuously
contended that the Indica car bearing registration No.KA-
38/8097 has been falsely implicated to secure compensation by
the claimants and in this regard, it is contended by the learned
counsel that the Tribunal after considering the material on
record, has arrived at a conclusion that, there was no damage
caused to the Tata Indica car which would substantiate that the
said vehicle was not involved in the accident; accordingly,
sought for dismissal of the appeals.
10. In this regard, learned counsel appearing for the
respondent No.2 places reliance on the Judgment of this Court
in the case of Veerappa and another Vs. Siddappa and
another, reported in (2009) 1 KACJ 500 and argued that,
the finding recorded by the Tribunal requires to be confirmed in
these appeals. Hence, sought for dismissal of the appeals.
11. In the light of the submission made by the learned
counsels for the parties, it is not in dispute as to the fact that
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the deceased Yusuf Khan and Iliyas Khan were proceeding in an
Auto rickshaw bearing registration No.KA-32/B-6149 on Bidar-
Humnabad road on 18.05.2006. The Tribunal, dismissed the
claim petitions on the sole ground that, the FIR was filed
beyond 121 days and further the panchanama was conducted
after lapse of 76 days of accident and therefore, the Tribunal
declined to interfere with the claim petitions.
12. On careful consideration of the finding recorded by
the Tribunal at paragraph Nos.16, 17 and 23, would indicate
that the delay in filing the charge-sheet cannot be a ground for
denying compensation or disputing the involvement of the
vehicle in question, as it is the duty of the police authorities to
take appropriate action for filing of the charge-sheet
immediately after the completion of investigation. Insofar as
the argument advanced by the learned counsel appearing for
the respondent-Insurance company, as to implication of the
Indica car in the accident, I have carefully examined the FIR
supported with the complaint, wherein it is clearly stated in the
complaint and the FIR that, one Tata Indica car has dashed to
the auto in which the deceased was travelling. Though the
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registration number of the car has not been mentioned in the
complaint, however, that itself cannot be a ground to dismiss
the claim petitions on the sole ground as the deceased and the
injured persons were travelling in the Auto rickshaw have fell
down and also it is not in dispute that the said Indica car ran
away from the spot and the said aspect cannot be ignored by
taking into the evidence of P.W.1 to P.W.3. In this regard, I
find force in the submission made by the learned counsel for
the appellants.
13. Though the learned counsel appearing for the
respondent-Insurance company places reliance on the
Judgment of this court i.e. Veerappa and another (referred
supra), however, the finding recorded by the Tribunal in the
present cases cannot be accepted solely on the ground that the
claimants have committed a fraud, despite the fact that the
Tribunal has arrived at the conclusion that the charge-sheet
has been filed and panchanamma was drawn after 121 days,
which requires to be set right in these appeals. Hence, it is a fit
case to remand the matter to the Tribunal for assessment of
compensation, in accordance with law.
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14. In the result, the following:
ORDER
(i) The appeal is allowed in-part;
(ii) The common Judgment and award dated
27.10.2016 passed in MVC Nos.636/2014 and
638/2014 on the file of the Senior Civil Judge and
MACT, Humnabad, is hereby set aside and the matter
is remitted to the Tribunal for fresh consideration as
to awarding of compensation to the claimants and to
pass appropriate orders in accordance with law;
(iii) Since the claim petitions are of the year
2014 and the parties are represented through their
counsels, the parties are directed to appear before
the Tribunal on 19.02.2026 at 11.00 a.m;
(iv) The Tribunal is requested to expedite the
hearing and complete the proceedings at the earliest.
Sd/-
(E.S.INDIRESH)
JUDGE
SVH
List No.: 1 Sl No.: 6
CT:PK
