THE MANAGER, SHRIRAM GENERAL INSURANCE vs SRI.KALLAPPA S/O RAMAPPA TOLINAVAR

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HC-KAR
NC: 2026:KHC-D:17898
MFA No. 100038 of 2020
C/W MFA No. 100039 of 2020
MFA No. 100040 of 2020
AND 1 OTHER

CNR: KAHC020036422020

IN THE HIGH COURT OF KARNATAKA AT DHARWAD

TH
DATED THIS THE 30 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MRS JUSTICE USHARANI
MISCELLANEOUS FIRST APPEAL NO. 100038 OF 2020 (MV-I)

C/W

MISCELLANEOUS FIRST APPEAL NO. 100039 OF 2020 (MV-I)

MISCELLANEOUS FIRST APPEAL NO. 100040 OF 2020 (MV-I)

MISCELLANEOUS FIRST APPEAL NO. 100041 OF 2020 (MV-I)

IN MFA NO. 100038/2020
BETWEEN:
THE MANAGER, SHRIRAM GENERAL INSURANCE
COMPANY LIMITED, E/8, EPIP,
RIICO INDUSTRIAL AREA, SITAPUR, JAIPUR, RAJASTHAN.
NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY

…APPELLANT

(BY SRI. S K KAYAKAMATH, ADVOCATE)

AND:

SRI. KALLAPPA S/O RAMAPPA TOLINAVAR
AGE:30 YEARS, OCC: AGRICULTURE WORK
R/O. MASURU VILLAGE, TQ: HIREKERUR,
NOW AT PAMPANAGAR, RANEBENNUR,
DIST: HAVERI 581 -115

2.
SRI. CHANDRASHEKHAR S/O RUDRAPPA HALEGOUDAR
AGE: MAJOR, OCC: BUSINESS, R/O: H. NO.55,
GUNDAGATTI VILLAGE, TQ: HIREKERUR,
DIST: HAVERI-581-111
…RESPONDENTS

YASHAVANT
NARAYANKAR

Digitally signed by
YASHAVANT
NARAYANKAR
Date: 2026.11.04
16:37:37 +0530
(NOTICE TO RESPONDENT NO. 1 & 2 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO CALL THE RECORDS, HEAR THE
PARTIES AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING

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HC-KAR
NC: 2026:KHC-D:17898
MFA No. 100038 of 2020
C/W MFA No. 100039 of 2020
MFA No. 100040 of 2020
AND 1 OTHER

CNR: KAHC020036422020

ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 01.10.2019
PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND AMACT,
RANEBENNUR, IN MVC NO. 733/2016 WITH COST IN THE INTEREST
OF JUSTICE AND EQUITY.
IN MFA NO. 100039/2020
BETWEEN:

THE MANAGER, SHRIRAM GENERAL INSURANCE
COMPANY LIMITED, E/8, EPIP,
RIICO INDUSTRIAL AREA, SITAPUR, JAIPUR,
RAJASTHAN. NOW REPRESENTED BY
ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. S K KAYAKAMATH, ADVOCATE)
AND:
1.
SRI. VISHWANATH S/O NAGAPPA BHARMAGOWDRU
AGE:35 YEARS, OCC: AGRICULTURE WORK,
R/O. GUNDAGATTI VILLAGE, TQ: HIREKERUR,
NOW AT VIDYANAGAR, RANEBENNUR,
DIST: HAVERI-581-115

2. SRI. CHANDRASHEKHAR S/O RUDRAPPA HALEGOUDAR
AGE: MAJOR, OCC: BUSINESS, R/O H. NO.55,
GUNDAGATTI VILLAGE, TQ: HIREKERUR
DIST: HAVERI-581-111
...RESPONDENTS
(NOTICE TO RESPONDENT NO. 1 & 2 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO, CALL THE RECORDS, HEAR
THE PARTIES AND ALLOW THE APPEAL AS PRAYED FOR BY
SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED
01.10.2019 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE
AND AMACT, RANEBENNUR, IN MVC NO. 734/2016 WITH COST

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HC-KAR
NC: 2026:KHC-D:17898
MFA No. 100038 of 2020
C/W MFA No. 100039 of 2020
MFA No. 100040 of 2020
AND 1 OTHER

CNR: KAHC020036422020

IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 100040/2020
BETWEEN:

THE MANAGER, SHRIRAM GENERAL INSURANCE
COMPANY LIMITED,
E/8, EPIP, RIICO INDUSTRIAL AREA,
SITAPUR, JAIPUR, RAJASTHAN.
NOW REPRESENTED BY
ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. S K KAYAKAMATH, ADVOCATE)
AND:
1. SRI. BASAVARAJ @ BASAVARAJU
S/O MARIYAPPA BARKER @
BARAKERA, AGE:25 YEARS, OCC: COOLIE
R/O. MEDURU VILLAGE, TQ: HIREKERUR
NOW AT MARUTI NAGAR,
RANEBENNUR, DIST: HAVERI-581-115

2. SRI. CHANDRASHEKHAR S/O RUDRAPPA HALEGOUDAR
AGE: MAJOR, OCC: BUSINESS, R/O: H. NO.55
GUNDAGATTI VILLAGE, TQ: HIREKERUR,
DIST: HAVERI-581-111
...RESPONDENTS
(NOTICE TO RESPONDENT NO. 1 & 2 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO CALL THE RECORDS, HEAR
THE PARTIES AND ALLOW THE APPEAL AS PRAYED FOR BY
SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED
01.10.2019 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE
AND AMACT, RANEBENNUR, IN MVC NO. 735/2016 WITH COST
IN THE INTEREST OF JUSTICE AND EQUITY.

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HC-KAR
NC: 2026:KHC-D:17898
MFA No. 100038 of 2020
C/W MFA No. 100039 of 2020
MFA No. 100040 of 2020
AND 1 OTHER

CNR: KAHC020036422020

IN MFA NO. 100041/2020
BETWEEN:

THE MANAGER, SHRIRAM GENERAL INSURANCE
COMPANY LIMITED,
E/8, EPIP, RIICO INDUSTRIAL AREA,
SITAPUR, JAIPUR, RAJASTHAN.
NOW REPRESENTED BY
ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. S K KAYAKAMATH, ADVOCATE)
AND:
1. SRI. MUTTURAJ @ MUTTANNA S/O ERAPPA NITTUVALLI
AGE:33 YEARS, OCC: AGRICULTURE WORK,
R/O: MEDURU VILLAGE, TQ: HIREKERUR,
NOW AT VIDYANAGAR, RANEBENNUR,
DIST: HAVERI-581-115

2. SRI. CHANDRASHEKHAR S/O RUDRAPPA HALEGOUDAR
AGE: MAJOR, OCC: BUSINESS,
R/O: H. NO.55, GUNDAGATTI VILLAGE,
TQ: HIREKERUR, DIST: HAVERI-581-111
...RESPONDENTS
(NOTICE TO RESPONDENT NO. 1 & 2 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO CALL THE RECORDS, HEAR
THE PARTIES AND ALLOW THE APPEAL AS PRAYED FOR BY
SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED
01.10.2019 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE
AND AMACT, RANEBENNUR, IN MVC NO. 736/2016 WITH COST
IN THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE USHARANI

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HC-KAR
NC: 2026:KHC-D:17898
MFA No. 100038 of 2020
C/W MFA No. 100039 of 2020
MFA No. 100040 of 2020
AND 1 OTHER

CNR: KAHC020036422020

ORAL JUDGMENT
Aggrieved by the judgment and award dated 01.10.2019
in MVC Nos.733/2016, 734/2016, 735/2016 and 736/2016
passed by the Principal Senior Civil Judge and Additional Motor
Accident Claims Tribunal, Ranebennur (hereinafter referred to
as ‘Tribunal’ for short), the Insurance Company has preferred
these appeals.
FACTS OF THE CASE:

2. On 25.02.2016, all the claimants were returning
from Chitradurga Mutt to their native in a Tata Magic vehicle
bearing registration No.KA-27/A-6539. At about 6.45 p.m., in
front of Sambhrama Hotel at Davanagere city, when the driver
negligently attempted to overtake a lorry, the vehicle turned
turtle and all the claimants and also the driver suffered injuries.
Hence, they were taken to hospital where they underwent
treatment and thereafter, complaint was lodged.

3. The Tribunal, after considering the oral and
documentary evidence, held that accident has occurred due to
the rash and negligent driving of the vehicle bearing
registration No.KA-27/A-6539 by its driver. The owner of the

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HC-KAR
NC: 2026:KHC-D:17898
MFA No. 100038 of 2020
C/W MFA No. 100039 of 2020
MFA No. 100040 of 2020
AND 1 OTHER

CNR: KAHC020036422020

offending vehicle and the insurer were held jointly and severally
liable to pay the compensation to the claimants. Further, after
evaluating the medical documents produced by the claimants,
the Tribunal awarded compensation as follows:
MFA No.100038/2020 (MVC No.733/2016)
Head Amount in
Rs.
Pain and suffering 35,000/-
Medical expenses 31,150/-
Food, nourishment, attendant charges and other 5,000/-
miscellaneous expenses
Loss of future income 1,57,080/-
Loss of amenities and loss of income during laid up 17,000/-
period and travel expenses
Total 2,45,230/-
MFA No.100039/2020 (MVC No.734/2016)
Head Amount in
Rs.
Pain and suffering 35,000/-
Medical expenses 30,650/-
Food, nourishment, attendant charges and other 5,000/-
miscellaneous expenses
Loss of future income 1,47,840/-
Loss of amenities and loss of income during laid up 17,000/-
period and travel expenses
Total 2,35,490/-
MFA No.100040/2020 (MVC No.735/2016)
Head Amount in
Rs.
Pain and suffering 30,000/-
Medical expenses 32,650/-
Food, nourishment, attendant charges and other 6,000/-

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HC-KAR
NC: 2026:KHC-D:17898
MFA No. 100038 of 2020
C/W MFA No. 100039 of 2020
MFA No. 100040 of 2020
AND 1 OTHER

CNR: KAHC020036422020

miscellaneous expenses
Loss of future income 1,66,320/-
Loss of amenities and loss of income during laid up 17,000/-
period and travel expenses
Total 2,51,970/-
MFA No.100041/2020 (MVC No.736/2016)
Head Amount in
Rs.
Pain and suffering 25,000/-
Medical expenses 33,150/-
Food, nourishment, attendant charges and other 6,000/-
miscellaneous expenses
Loss of future income 1,57,080/-
Loss of amenities and loss of income during laid up 17,000/-
period and travel expenses
Total 2,38,230/-

4. Learned counsel for the insurance company-
appellant herein drew the attention of this Court to the
complaint-Ex.P2 and medical documents produced by all the
claimants at Exs.P8, P10 to 28, and contended that these
medical documents were created by colluding with
Dr.Nagabhushan of Navodaya hospital and Dr.Umanath Ullal of
Ullal hospital-PW5. Hence, these documents cannot be
considered by this Court. Further, learned counsel contended
that, with regard to fraudulent acts committed by Dr.Umanath
Ullal in other similar cases, criminal case was also registered
against him. Further, in order to put an end to such

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HC-KAR
NC: 2026:KHC-D:17898
MFA No. 100038 of 2020
C/W MFA No. 100039 of 2020
MFA No. 100040 of 2020
AND 1 OTHER

CNR: KAHC020036422020

condemnable practice of the doctors as well as hospital
authorities, Bajaj Allianz General Insurance Company has
preferred W.P.No.108618/2017 before the High Court of
Karnataka, Dharwad Bench, seeking to constitute special
investigation team to enquire into the matter. The said writ
petition was allowed. Later, doctors have challenged the order
in the said writ petition in W.A.No.100484/2023, but
subsequently they withdrew it. Such being the case, the
learned counsel prays that the appeals be allowed and the
judgment and award passed in MVC Nos.733/2016, 734/2016,
735/2016 and 736/2016 be set aside.

5. In spite of service of notice to the respondents i.e.,
the claimants and the owner of the vehicle, they have remained
absent before the Court. Hence, the matter has been finally
heard.

6. I have given anxious consideration to the
arguments advanced and the materials available on record.

7. At the outset, it is important to note here that,
there is no dispute with regard to the fact of accident, but the

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HC-KAR
NC: 2026:KHC-D:17898
MFA No. 100038 of 2020
C/W MFA No. 100039 of 2020
MFA No. 100040 of 2020
AND 1 OTHER

CNR: KAHC020036422020

learned counsel for the appellant has disputed the injuries
alleged to have been sustained by the claimants.

8. It is pertinent to note here that as per the available
materials on record, the claimants have initially taken
treatment at Navodaya Hospital, Davanagere from
Dr.Nagabhushan. Thereafter, disability certificates were issued
by Dr.Umanath Ullal of Ullal Clinic.

9. In the wound certificates of the claimants, x-ray
numbers were recorded as shown below, which establishes that
x-rays were taken at the time of the treatment:
Name of the
claimant
Exhibit X-ray
number
Kallappa Exhibit P8 68/25.2.16
Basavaraj Exhibit P14 70/25.2.16
Mutturaj Exhibit P19 69/25.2.16
Viswanath Exhibit P24 67/25.2.16
In order to show that immediately after the accident, claimants
have taken treatment from Dr.Nagabhushan at Navodaya
Hospital, discharge summary and bills were produced. But, as

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HC-KAR
NC: 2026:KHC-D:17898
MFA No. 100038 of 2020
C/W MFA No. 100039 of 2020
MFA No. 100040 of 2020
AND 1 OTHER

CNR: KAHC020036422020

rightly argued by the learned counsel for the appellant, no
documents have been furnished to show the nature of
treatment given to the claimants when they were treated as in-
patient. Though the x-ray numbers were recorded in the wound
certificates as detailed above, those x-rays were also not
produced.

10. The copy of the judgment in Writ Petition
No.108618/2017 transpires that Bajaj Allianz General
Insurance Company has preferred writ petition against various
hospitals and doctors, seeking the following prayers. In the said
case, Dr.Nagabhushan, who is said to have initially treated the
claimants, was arrayed as respondent No.14 and Navodaya
hospital was arrayed as respondent No.7.
“i) Be pleased to exercise its unequivocal extraordinary
jurisdiction and Writ mandamus be issued directing of
the Respondents No.1 to 4 to constitute a Special
Investigation Team for the purpose of investigation of
the cases investigated by the Investigating Officers of
the fraudulent Motor Accident Claims made against the
writ petitioner by the persons mentioned in column
No.11 of the Annexure-V, who have been treated by the

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MFA No. 100038 of 2020
C/W MFA No. 100039 of 2020
MFA No. 100040 of 2020
AND 1 OTHER

CNR: KAHC020036422020

Respondent No.14 to 18 in Respondents No.7 to 13
hospitals.

ii) By way of Writ of mandamus the respondent No.1 be
directed to frame guidelines for the investigation by the
Special Investigation in respect of fraudulent Motor
Accident Claims and Criminal complaints.

iii) Pass such other Writ or Order or Orders as this
Hon'ble Court deems fit, under the facts and
circumstances of the case, in the interest of justice and
equity."

11. In the said writ petition, the Hon'ble Court allowed
Prayer No.1, thereby directed the respondent Nos.1 to 4 i.e.,
State of Karnataka, Home Department, the Director General of
Police, Bengaluru, Inspector General of Police, Bengaluru, to
constitute a Special Investigation Team “ for the purpose of
investigation of the cases investigated by the Investigating
Officers of the fraudulent motor accident claims made against
the writ petitioner by the persons mentioned in column No.11” .
Subsequently, the hospital authorities as well as the doctors
i.e., Dr.Nagabhushan, Dr.Manjunath and Dr.S.N.Hiremath have
preferred W.A.No.100484/2023 against the order in Writ
Petition No.108618/2017. Later, they withdrew the same and

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MFA No. 100038 of 2020
C/W MFA No. 100039 of 2020
MFA No. 100040 of 2020
AND 1 OTHER

CNR: KAHC020036422020

the Court reserved them liberty to approach the learned Single
Judge. Pursuant to this, the appellants therein filed a Review
Petition No.100117/2024, which is pending consideration. It is
pertinent to note that regarding pendency of review petition, no
information was provided to this Court. Hence, unless the
relevant medical documents as discussed above are produced
before the Court, it is difficult to rely upon the afore-mentioned
medical documents issued by Dr.Nagabhushan of Navodaya
hospital.

12. It is also important to note here that disability
certificates at Exhibits P12, P17, P22 and P27, pertaining to the
claimants, were issued by Dr.Umanath Ullal based on the x-
rays taken on 25.05.2018. Those x-rays were before the Court
at Exhibits P13, P18, P23 and P28. The said doctor was
examined as PW5, who in his cross-examination deposed that
before issuing the disability certificates, x-rays were taken, but
he admits that there were no traces of fracture as per those x-
rays. The evidence of the said doctor-PW5 is extracted herein
below:

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HC-KAR
NC: 2026:KHC-D:17898
MFA No. 100038 of 2020
C/W MFA No. 100039 of 2020
MFA No. 100040 of 2020
AND 1 OTHER

CNR: KAHC020036422020

.
“ ಅ ರರ ಎಕ ಪ ೕ ೕ ತ

ಆ ೕ ಇಲ # $ೕ ಎಂ &ದ ಮ )* ತ +ೕ ,- ಎಂ
.
ಪ .ೕ/ಸ1 ಎಕ 2 ದ ಅ ರರ ಎಕ ಗಳ/#
.”
ತದ 567ಗ8 ಇಲ # ಎಂದ ಸ

13. It is apposite to note here that 2 months prior to
the date of the alleged accident involved in this case, Crime No.
68 of 2018 was registered in Honnavalli Police Station against
Dr.Umanath Ullal, on the allegation that though accused Nos.1
to 7 therein have not suffered any injuries, the said doctor has
issued disability certificates. When these facts are looked into,
in the light of afore-noted admission given by the doctor-PW5
that the x-ray examined by him before assessing the disability
did not have traces of fracture, it is clear that these disability
certificates were created to suit the case of the claimants.
Moreover, the claimants have not bothered to counter these
allegations of the insurance company, which also fortifies the
case of the insurance company.

14. The Tribunal has lost sight of the afore-extracted
admission of PW5 and non-production of medical documents
relating to the nature of treatment given to the claimants.
Therefore, considering the above discussed facts, I opine that

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MFA No. 100038 of 2020
C/W MFA No. 100039 of 2020
MFA No. 100040 of 2020
AND 1 OTHER

CNR: KAHC020036422020

there is merit in the argument advanced by the learned counsel
for the appellant. Consequently, MVC Nos.733, 734, 735 and
736 of 2016 filed by the claimants are liable to be dismissed.
Hence, I proceed to pass the following:
ORDER

i. MFA Nos.100038, 100039, 100040 and
100041 of 2020 are allowed .

ii. Consequently, the judgment and award dated
01.10.2019 in MVC Nos.733/2016, 734/2016,
735/2016 and 736/2016 passed by the
Principal Senior Civil Judge and Additional
Motor Accident Claims Tribunal, Ranebennur,
are hereby set aside.

iii. Amount in deposit, if any, before the Tribunal
is ordered to be refunded to the appellant-
insurance company.

iv. Registry is directed to send back the trial
Court records to the concerned Tribunal
forthwith.

Sd/-
(USHARANI)
JUDGE

YAN, KGK
List No.: 1 Sl No.: 19