Smt Anjum Sulthana Vs Dr M Girish Babu — Motor Accident Claims | Karnataka HC (2025)

Smt Anjum Sulthana Vs Dr M Girish Babu — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal partly allowed; judgment and award dated 18.6.2018 in MVC No.876/2016 set aside; claim petition partly allowed; respondent Nos.1 and 2 jointly and severally liable to pay the claimant Rs. 5,000/-; insurer to deposit within 4 weeks, failing which interest at 7% p.a. till payment; entire amount upon deposit to be digitally released to the appellant/claimant; Registry to draw modified award; no costs.

Issue for consideration

Whether the claimant/appellant is entitled to compensation for the damage caused to her motorcycle in the accident of 24.7.2016, notwithstanding the Tribunal's dismissal of the claim petition. +1 more

Court's answer

The appeal is partly allowed and the second respondent/insurer is directed to pay the appellant/claimant a total sum of Rs. 5,000/- inclusive of interest.

Ratio / Principle

Damages to the claimant's motorcycle are forthcoming from the other material on record, including the vehicle mahazar (Ex.P5) and the IMV report (Ex.P6), even though no witness was examined to prove the authorized dealer's estimate (Ex.P7).

Key takeaways

Respondent Nos.1 and 2 are jointly and severally liable to pay the claimant a sum of Rs. 5,000/-.ratio¶¶35
The insurer is to deposit the sum of Rs. 5,000/- within four weeks, failing which it shall be liable to pay the said sum together with interest at 7% p.a. from that day up to the date of payment.ratio¶¶38

Detailed headnote1 paragraphs

Motor Accident Claims - Damage to motorcycle - Appeal under S.173(1) MV Act by claimant against dismissal of MVC No.876/2016 (Shivamogga) - Tribunal dismissed claim as the authorized dealer's repair estimate (Ex.P7) was not proved by any witness - Held: damages forthcoming from vehicle mahazar (Ex.P5) and IMV report (Ex.P6); appeal partly allowed; impugned judgment and award set aside; respondent Nos.1 and 2 jointly and severally liable to pay Rs.5,000/-; insurer to deposit within 4 weeks, failing which interest at 7% p.a.; amount to be digitally released to claimant.

NC: 2025:KHC:24824 MFA No. 7713 of 2018

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 7713 OF 2018 (MV-DM)

BETWEEN:

SMT ANJUM SULTHANA W/O DEEPU SAMEER @ SAMEER, AGED ABOUT 38 YEARS, R/O NEAR GOOD LUCK CIRCLE, SWAMY VIVEKANANDA BADAVANE, SHIVAMOGGA TOWN-577201

…APPELLANT

(BY SRI. PRASAD B S, ADVOCATE)

AND:

Digitally signed by NIRMALA DEVI

Location: HIGH COURT OF KARNATAKA

DR M GIRISH BABU S/O MAHADEVASWAMY., AGED ABOUT 40 YEARS, R/O NO.72, "B" BLOCK, NEAR LAGAN KALYANA MANDIRA, SWAMY VIVEKANANDA BADAVANE, SHIVAMOGGA TOWN, SHIVAMOGGA-577201

UNITED INDIA INSURANCE CO LTD BY ITS DIVISIONAL MANAGER, NEAR AMEER AHAMED CIRCLE, B H ROAD, SHIVAMOGGA-577201

…RESPONDENTS

(BY SRI. RAVISH BENNI, ADVOCATE FOR R2 R1 IS SERVED AND UNREPRESENTED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.06.2018 PASSED IN MVC NO.876/2016 ON THE FILE OF THE 3RD ADDITIONAL DISTRICT JUDGE & ADDITIONAL MACT-3, SHIVAMOGGA, DISMISSING THE CLAIM PETITION FOR COMPENSATION AND ETC.

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NC: 2025:KHC:24824 MFA No. 7713 of 2018

HC-KAR

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

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

The present appeal is filed by the claimant challenging the judgment and award dated 18.6.2018 passed in MVC No.876/2016 by the III Additional District Judge and Additional MACT-III, Shivamogga¹ , whereunder the Tribunal has dismissed the claim petition filed by the claimant.

The claim petition in MVC No.876/2016 has been filed claiming compensation for the damages caused to the vehicle in the accident, which occurred on 24.7.2016. It is the case of claimant that the damages have been caused to the motor cycle, which the claimant was riding, due to the rash and negligent riding of the offending motor cycle. The claimant examined herself as PW.1 and marked Exs.P1 to P7. The Tribunal, while considering the claim made by the claimant has noticed that the estimate (Ex. P7) has been produced, which is given by the authorized dealer, but no witness has been examined to prove Ex.P7. It is forthcoming that apart from

1 Hereinafter referred to as ‘Tribunal’

3 - NC: 2025:KHC:24824 MFA No. 7713 of 2018

HC-KAR

producing Ex.P7 and examining herself as PW.1, the claimant has not produced any other material in support of the claim made by her. However, having regard to the fact that the damages to the motor cycle being forthcoming from the other material on record including the vehicle mahazar (Ex.P5) and the IMV report (Ex.P6), it is just and proper that the above appeal be partly allowed by directing that the second respondent/insurer pay the appellant/claimant a total sum of `5,000/- inclusive of interest.

Hence, the following:

ORDER

i. The above appeal is partly allowed. ii. The judgment and award 18.6.2018 passed in MVC No.876/2016 by the III Additional District Judge and Additional MACT-III, Shivamogga, dismissing the claim petition is set aside;

iii. The claim petition in MVC No.876/2016 is partly allowed by holding that respondent Nos.1 and 2 are jointly and severally liable to pay the claimant a sum of `5,000/-;

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HC-KAR

iv. The second respondent/insurer to deposit the said sum of 5,000/- within 4 weeks from today, failing which, the insurer shall be liable to pay the said sum of 5,000/- together with interest at 7% p.a., from this day up to the date of payment.

v. Upon deposit, the entire amount shall be digitally released to the appellant/claimant.

vi. Registry to draw the modified award accordingly;

No costs.

Sd/(C.M. POONACHA) JUDGE

ND List No.: 1 Sl No.: 56