THE DIVISIONAL MANAGER NATIONAL INS. CO. LTD., vs VISHWANATH AND ANR

Court
Karnataka High Court

- 1 -
HC-KAR
NC: 2026:KHC-K:8970
MFA No. 202713 of 2023
R


CNR: KAHC030070722023



IN THE HIGH COURT OF KARNATAKA



KALABURAGI BENCH

ST
DATED THIS THE 1 DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE K V ARAVIND

MISCL. FIRST APPEAL NO. 202713 OF 2023 (MV-I)

BETWEEN:

THE DIVISIONAL MANAGER,
NATIONAL INS. CO. LTD.,
ND
2 FLOOR D. NO. 8-10-135/1 1A,
VEERABHADRESHWARA CHAMBERS,
OPP. NEHRU STADIUM, BIDAR-585401,
(NOW REPRESENTED BY AUTHORIZED SIGNATORY,
STATION ROAD, KALABURAGI).







…APPELLANT
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)

AND:

1. VISHWANATH
S/O SANJAYKUMAR BELURE,
AGE: 34 YEARS, OCC: PRIVATE SERVICE IN
KORED INFRATECH PVT. LTD., AT HYDERABAD,
NOW NIL,
R/AT DHARMPETH, MANTHAL,
TQ. BASAVAKALYAN, DIST. BIDAR- 585401.




Digitally signed by
KHAJAAMEEN
MALAGHAN
Location: HIGH
COURT OF
KARNATAKA


2. SHIVAKUMAR S/O VEERANNA UMARGE,
AGED: MAJOR, OCC: BUSINESS AND OWNER
OF MARUTI SWIFT CAR,
R/AT VILLAGE MANTHAL, TQ. BASAVAKALYAN,
DIST. BIDAR- 585401.

…RESPONDENTS
(BY SRI BASAVARAJ R. MATH, ADVOCATE FOR R1;
R2 SERVED AND UNREPRESENTED)

- 2 -
HC-KAR
NC: 2026:KHC-K:8970
MFA No. 202713 of 2023


CNR: KAHC030070722023


THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO CALL FOR THE RECORDS AND ALLOW THE ABOVE
APPEAL BY SETTING ASIDE THE IMPUGNED JUDGMENT AND
AWARD DATED 11.04.2023 IN MVC NO.87/2019 PASSED BY
THE II ADDL. DISTRICT AND SESSIONS COURT AND ADDL.
MACT BIDAR, SITTING AT BASAVAKALYAN.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE K V ARAVIND

ORAL JUDGMENT
Heard Smt. Preeti Patil Melkundi, learned counsel for the
insurer, and Sri. Basavaraj R. Math, learned counsel for the
claimant.

2. This appeal is by the insurer, denying liability on the
ground of false implication of the vehicle, against the judgment
and award in MVC No.87/2019 dated 11.04.2023 passed by the
II Additional District and Sessions Judge and Additional MACT,
Bidar (for short, ‘the Tribunal’).

3. The claimant filed a petition seeking compensation for the
accidental injuries suffered in the accident that occurred on
22.09.2018, involving motorcycle bearing No. KA-56-J-1132
and car bearing No. KA-56-M-0335. The insurer filed its

- 3 -
HC-KAR
NC: 2026:KHC-K:8970
MFA No. 202713 of 2023


CNR: KAHC030070722023


objections, denying the petition averments and also alleging
false implication of the vehicle in collusion with the police and
the owner of the vehicle to make wrongful gain by claiming
compensation.

3.1 The Tribunal, considering the evidence on record, held
that the accident was caused due to the involvement of the
insured vehicle and directed the insurer to pay the
compensation.

4. Learned counsel appearing for the insurer submits that,
as per Ex.P7, the date of the accident is 18.09.2018, and that
the accident occurred under the influence of alcohol and was
due to self-harming. In support of the said submission, reliance
is placed on Ex.R1, the clinical notes issued by Shendiya
Hospital and Research Center, Omerga.

4.1 The learned counsel further submits that the claimant, at
the time of the accident, was riding the motorcycle under the
influence of alcohol and contributed to the negligence resulting
in the accident. It is submitted that, though the vehicle was
surrendered on 06.10.2018 as per Ex.R7, the stamp paper for

- 4 -
HC-KAR
NC: 2026:KHC-K:8970
MFA No. 202713 of 2023


CNR: KAHC030070722023


the indemnity bond was purchased on 04.10.2018, and that the
vehicle was deliberately and falsely implicated in collusion.

4.2 The learned counsel further submits that thereafter, even
the treating hospital assisted the claimant in falsifying the
medical records, which stands proved by the admissions of
PW2, the doctor. It is submitted that the Tribunal, without
considering the above aspects, incorrectly held the insurer
liable to pay the compensation.

5. Learned counsel appearing for the claimant submits that
the accident took place on 22.09.2018 at 10.00 p.m. The
claimant was admittedly admitted to Shendiya Hospital and
Research Center, Omerga, where the MLC was reported on
23.09.2018 to the jurisdictional police, Omerga. Thereafter, as
per Ex.P16(a), along with the statement of the injured, Ex.P2
and P2(a), dated 23.09.2018, the same was transferred to the
jurisdictional police, Basavakalyan, wherein the FIR was
registered on 30.09.2018, involving the offending car. When
the car was involved for the first time on 22.09.2018, the car
number was not registered.

- 5 -
HC-KAR
NC: 2026:KHC-K:8970
MFA No. 202713 of 2023


CNR: KAHC030070722023


5.1 It is submitted that Ex.P7 is not a reliable document in
view of the other medical records of the same hospital,
establishing the date of the accident as 22.09.2018 and the
treatment of the claimant from 23.09.2018 to 03.10.2018. It is
submitted that Ex.R1 itself establishes the date of the accident
as 22.09.2018 involving the motorcycle.

5.2 It is further submitted that the dates mentioned in Ex.P7
and Ex.P8 cannot be inferred as establishing planned
implication of the vehicle. In view of the FIR having been
registered four days before the purchase of the stamp paper, it
is submitted that there is no evidence on record to prove that
the claimant was under the influence of alcohol at the time of
the accident.

6. Considered the submissions made by learned counsel for
the parties and perused the records.

7. The main contention of the insurer is based on Ex.P7.
Though Ex.P7 records the history of a road traffic accident on
18.09.2018, there is no corroborative evidence to prove the
same. However, Ex.P9, Ex.R1, Ex.P16-MLC report, Ex.P16(a)-

- 6 -
HC-KAR
NC: 2026:KHC-K:8970
MFA No. 202713 of 2023


CNR: KAHC030070722023


letter of Omerga Police to Basavakalyan Police, the statement
of the claimant as per Ex.P2(a), and Ex.P1-FIR would
conclusively prove the date of the accident as 22.09.2018. The
purchase of the stamp paper on 04.10.2018, when the vehicle
was seized on 06.10.2018 for execution of the indemnity bond,
is of no assistance when the insured vehicle was stated to be
involved on 22.09.2018. It is also the case of the claimant that
the driver of the car attended to his medical needs by admitting
him to the hospital. The possibility of purchase of the stamp
paper, perhaps on legal advice, in anticipation of the
requirement of surrendering the vehicle for inspection, cannot
be brushed aside. In the light of the above, the Tribunal is
justified in holding the date of the accident as 22.09.2018 and
the involvement of the insured vehicle.

8. The medical records are corroborated by the evidence of
PW2. Though the insurer cross-examined PW2, his evidence
remained unshaken. The recording of the history of the
accident as a fall from the motorcycle cannot be inferred as a
self-fall from the motorcycle when it is the case that the
insured car dashed against the claimant. In such

- 7 -
HC-KAR
NC: 2026:KHC-K:8970
MFA No. 202713 of 2023


CNR: KAHC030070722023


circumstances, it would be stated only as a fall from the
motorcycle. The doctor, while recording the brief history, may
not be required to record the details which would be relevant
for a legal dispute. When a patient is taken to the doctor, the
concentration would be on the treatment and not on recording
the detailed reasoning or history of the accident. The brief
history is only for record purposes. In that view, the fall from
the motorcycle cannot be inferred as a self-fall.

9. Now, coming to the other issue raised by the learned
counsel for the insurer that the claimant was under the
influence of alcohol at the time of the accident, Ex.R1 records
that the claimant was under the influence of alcohol when
admitted to the hospital on 23.09.2018 at about 12:05 a.m.
The treating doctor has been examined as PW2. In the cross-
examination, PW2 has categorically admitted that the claimant
was under the influence of alcohol when brought to the hospital
with a history of fall from the motorcycle on the Hyderabad-
Mumbai Highway. The submission of the learned counsel for the
claimant to brush aside the influence of alcohol with reference
to Ex.R3, showing the blood pressure of the claimant at about

- 8 -
HC-KAR
NC: 2026:KHC-K:8970
MFA No. 202713 of 2023


CNR: KAHC030070722023


12:10 a.m. on 23.09.2018 as being low, and the contention
that a person under the influence of alcohol would have higher
blood pressure, cannot be accepted in the absence of any
expert evidence.

10. Riding a motorcycle under the influence of alcohol is an
offence. When a person uses a vehicle under the influence of
alcohol, he not only poses himself to risk but also exposes
other road users, the public, and society at large to risk. When
the claimant himself has violated the mandate of law and files a
claim petition, the established principle of liberal interpretation
of a benevolent enactment cannot be stretched to cover such
cases. In the era of increasing human population, vehicle
population, and road congestion, vehicle users should exhibit
obedience to the law and concern for fellow road users. If
liberal interpretation is extended to a person who comes before
the Tribunal claiming compensation, it would add a premium to
the violation and would result in the breakdown of the road
discipline, maintenance of law and order. When such instances
are noticed by the Court, the same is to be viewed and handled
strictly.

- 9 -
HC-KAR
NC: 2026:KHC-K:8970
MFA No. 202713 of 2023


CNR: KAHC030070722023


11. In that view, in the facts of the present case, this Court is
of the view that not less than 30% of the negligence is to be
attributed to the claimant, who suffered accidental injuries
under the influence of alcohol.

12. In the light of the above, the following:
ORDER

I. The appeal is allowed in part .

II. The judgment and award in MVC No.87/2019 dated
11.04.2023 passed by the II Additional District and
Sessions Judge and Additional MACT, Bidar, stand
modified .

III. The insurer is directed to deposit 70% of the
compensation awarded by the Tribunal with applicable
interest, within eight weeks from the date of uploading of
this judgment.

IV. The claimant is held to have contributed negligence to the
extent of 30% on account of riding the motorcycle under
the influence of alcohol.

- 10 -
HC-KAR
NC: 2026:KHC-K:8970
MFA No. 202713 of 2023


CNR: KAHC030070722023



V. The amount in deposit shall be transferred to the
Tribunal.

VI. All other conditions as ordered by the Tribunal, are
maintained.

VII. Draw the modified award accordingly.

VIII. No order as to costs.

Sd/-
(K V ARAVIND)
JUDGE

KJJ,MSR
List No.: 1 Sl No.: 14
CT:PK