SRI. E P MATHEW vs SRI RAJENDRA VASANT MHAPSEKAR
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:57168
MFA No. 6462 of 2021
C/W MFA No. 3659 of 2021
CNR: KAHC010451672021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 6462 OF 2021
(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 3659 OF 2021
(MV-I)
IN MFA No. 6462/2021
BETWEEN:
1. SRI. E. P. MATHEW,
S/O LATE POULOSE,
AGED ABOUT 64 YEARS,
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court of
Karnataka
EDAYATH HOSUE, KUNNOTH,
IRRITY KANNUR.
PRESENTLY R/AT MINI PLANTATIONS,
MAKUTTA HEGGALA VILLAGE,
VIRAJPET TALUK,
KODAGU – 571 218.
…APPELLANT
(BY SRI. SACHIN B. S., ADVOCATE)
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NC: 2026:KHC:57168
MFA No. 6462 of 2021
C/W MFA No. 3659 of 2021
CNR: KAHC010451672021
AND:
1. SRI. RAJENDRA VASANT MHAPSEKAR,
AGED MAJOR,
A/P KANKAVLI COLLEGE ROAD,
NEAR VIDYAMANDIR HIGH SCHOOL,
TALUK KANAKAVALLI,
DISTRICT SINDHUDURG – 416 520.
2. THE BRANCH MANAGER,
M/S NATIONAL INSURANCE CO. LTD.,
BRANCH OFFICE: RATNA GIRI,
2811 SUBHASH ROAD,
OPP. PATIT PAVAN MANDIR,
RATHNAGIRI – 41.
6165000665
THROUGH MANAGER,
NATIONAL INS. CO. LTD.,
VIRAJPET - 571 218.
…RESPONDENTS
(BY SMT. GEETHA RAJ., ADVOCATE FOR R2;
V/O DATED 03.12.2021, NOTICE TO R1 IS D/W)
----
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 30.03.2021, PASSED IN
MVC.NO.46/2014, ON THE FILE OF THE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, KODAGU, MADIKERI,
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HC-KAR
NC: 2026:KHC:57168
MFA No. 6462 of 2021
C/W MFA No. 3659 of 2021
CNR: KAHC010451672021
SITTING AT VIRAJPET, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
IN MFA NO. 3659/2021
BETWEEN:
1. M/S NATIONAL INSURANCE CO. LTD.,
BRANCH OFFICE: RATNAGIRI,
2811 SUBHASH ROAD,
OPP. PATITI PAVAN MANDIR,
RATNAGIRI.
REPRESENTED BY REGIONAL OFFICE,
SITUATED AT SUBHARAM COMPLEX,
NO.144, M.G. ROAD,
BANGALORE - 560 001.
REPRESENTED BY G. SHIVAKUMAR,
ASSISTANT MANAGER.
...APPELLANT
(BY SMT. GEETHA R., ADVOCATE)
AND:
1. MR. E. P. MATHEW,
S/O LATE POULOSE,
AGED ABOUT 64 YEARS,
EDAYATH HOUSE KUNNOTH,
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HC-KAR
NC: 2026:KHC:57168
MFA No. 6462 of 2021
C/W MFA No. 3659 of 2021
CNR: KAHC010451672021
IRRITY, KANNUR,
PRESENTLY RESIDING AT
MINI PLANTATIONS,
MAKUTTA, HEGGALA VILLAGE,
VIRAJPET TALUK,
S.KODAGU - 571 211
...RESPONDENT
(BY SRI. MOHAMMED ASHHAR C. K., ADVOCATE FOR R1;
R2 IS SERVED AND UNREPRESENTED)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 30.03.2021, PASSED
IN MVC.46/2014, ON THE FILE OF THE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, KODAGU MADIKERI,
SITTING AT VIRAJPET, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS ARE, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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HC-KAR
NC: 2026:KHC:57168
MFA No. 6462 of 2021
C/W MFA No. 3659 of 2021
CNR: KAHC010451672021
ORAL JUDGMENT
Being aggrieved by the judgment and award dated
30.03.2021 passed by the II Additional District and Sessions
Judge and MACT, Kodagu-Madikeri, Sitting at Virajpet (for
short, ‘Tribunal’) in MVC.No.46/2014, the claimant has filed
MFA.No.6462/2021 and the Insurance Company has filed
MFA.No.3659/2021.
Brief facts of the case:
2. The case of the claimant is that he had been to
Maharastra State for his personal work on 11.08.2011. On
13.08.2011, after completing his work, he was taking rounds in
the city. At about 10.00 pm, on the left side of the road at
Kanakavalli Junction, a motorcycle drove by respondent No.1
came in a rash and negligent manner and dashed the claimant.
As a result of the accident, he was thrown at a distance of 10
feet. Immediately, he was shifted to medical centre. After
taking first aid, he had been shifted to Tejaswini Hospital on
14.08.2011 at 01.10 pm. The injured had sustained fracture
injury to his right proximal tibia and fracture to right fibular
head. He took treatment for 16 days as inpatient. After
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HC-KAR
NC: 2026:KHC:57168
MFA No. 6462 of 2021
C/W MFA No. 3659 of 2021
CNR: KAHC010451672021
discharge, he took follow-up treatment for a period of two
years and he has spent almost Rs.4,00,000/- to his treatment.
A claim petition was filed by the claimant before the Tribunal.
The Tribunal awarded compensation of Rs.1,82,586/- with
interest at 6% per annum.
3. Being aggrieved by the same, the claimant preferred an
appeal. On the contrary, another appeal has been filed by the
Insurance Company challenging the liability of the company on
the ground that no such incident had occurred. In fact, the
Tribunal ought not to have passed the award without FIR and
the charge sheet in respect of the said incident. Having said
thus, learned counsel for the Insurance Company prays to
dismiss the award passed by the Tribunal.
4. Having heard learned counsel for the respective parties
and also on perusal of the award passed by the Tribunal,
learned counsel Smt.Geetha Raj vehemently submitted that
even though the accident occurred at Maharastra, the claimant
has been shifted to Mangaluru for treatment. Thereafter, the
claim petition has been filed before the MACT at Virajpet
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NC: 2026:KHC:57168
MFA No. 6462 of 2021
C/W MFA No. 3659 of 2021
CNR: KAHC010451672021
without producing any documents relating to FIR and charge
sheet. In the absence of these two documents, the Tribunal
ought not to have passed the order. Learned counsel drawn our
attention to Rule 232 of the Karnataka Motor Vehicle Rules,
1989, which reads as under:
“232. Application for compensation :-
(1) Every application for compensation arising out of
accident of the nature specified in sub-section (1) of
Section 165, shall be made by a person specified in sub-
section (1) of Section 166, to the claims Tribunal having
jurisdiction over the area in which the accident occurred
shall be in Form KMV 63 and shall contain the particulars
specified therein.
(2) Every such application shall be presented in duplicate
to the Claims Tribunal either in person or 2[through in
atuhorised agent or an advocate] and shall be signed by
the applicant.
(3) There shall be appended to every such application
the following documents:-
(a) Medical certificate in Form KMV 64 OR Post-mortem
Report or Death Certificfate; and
(b) First Information Report in respect of the accident.
(4) [x x x x x]
(5) Notwithstanding anything contained in sub-rule (2)
every application for a claim under Section 140, shall be
field before the Claims Tri-bunal in triplicate and shall be
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HC-KAR
NC: 2026:KHC:57168
MFA No. 6462 of 2021
C/W MFA No. 3659 of 2021
CNR: KAHC010451672021
signed by the applicant and the following documents be
appended to every such application namely:-
(a) Panchanama of the accident;
(b) First Information Report;
(c) Injury certificate or in case of death, Post-,mortem
Report, and
(d) Certificate regarding ownership and Insurance
particulars of vehicle involved in the accident from the
Regional Transport Officer or the police authorities.”
5. On reading the above said Rule, it makes clear that an
application for compensation if any filed before the Tribunal, it
stood accompany the FIR and the complaint. In the absence
thereof, it would not be appropriate to assist as to whether the
accident had really occurred or not and the award passed by
the Tribunal cannot be sustained. Hence, the appeal filed by the
Insurance Company deserves to be allowed.
6. In the light of the observations made above, I
proceed to pass the following:-
ORDER
i) The appeal filed by the claimant in
MFA.No.6462/2021 is dismissed .
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HC-KAR
NC: 2026:KHC:57168
MFA No. 6462 of 2021
C/W MFA No. 3659 of 2021
CNR: KAHC010451672021
ii) The appeal filed by the Insurance
Company in MFA.No.3659/2021 is allowed .
iii) The judgment and award dated
30.03.2021 passed in MVC.No.46/2014 on the file of
the II Additional District and Sessions Judge and
MACT, Kodagu-Madikeri, Sitting at Virajpet is set
aside.
Sd/-
(S RACHAIAH)
JUDGE
NR/-
List No.: 1 Sl No.: 23