United India Insurance v. Shabana D/O. Mahububsab Dharwad
Motor Vehicles – Compensation – Contributory negligence
Case brief
What is this about?
Karnataka HC (Dharwad Bench), MFA No.101905 of 2024 (MV-D), decided 02.09.2025, coram S. Sunil Dutt Yadav & Vijaykumar A. Patil JJ. (judgment per Vijaykumar A. Patil J.). Insurer's (United India Insurance Co. Ltd.) appeal under S.173(1) MV Act against award dated 08.02.2024 of I Addl. Senior Civil Judge & Addl. MACT, Hubballi in MVC No.622/2022 arising from fatal collision between motorcycle KA-63-J-7416 ridden by Fairuj Khan and a tipper lorry on 27.07.2022 at Hubballi. Key points: absence of valid driving licence of deceased rider not ipso facto proof of negligence, but complaint, panchanama and charge sheet established contributory negligence; apportionment modified from 90:10 to 80:20 (insurer liable for 80%); quantum of Rs.19,22,670/- with 6% interest unaltered; unmarried sister (claimant No.2) held dependent though doing Beedi work at home. Statute references: S.173(1), S.166, S.5, S.3 & S.181 MV Act. No precedents cited.