Karnataka High Court
Willy P Jose vs Laxmidevi L D on 17 February, 2026
Author: S.G.Pandit
Bench: S.G.Pandit
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MFA No. 2202 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
MISCELLANEOUS FIRST APPEAL No. 2202 OF 2023 (MV-D)
BETWEEN:
1. WILLY P. JOSE,
AGED ABOUT 43 YEARS,
S/O JOSE THOMAS,
R/AT No.H-202, TOWER 3 DAFFODILS,
ADARSH PALM RETREAT,
DEVARA BESANAHALLI,
BELANDUR,
BENGALURU 560103.
...APPELLANT
Digitally
signed by (BY SRI D.R. RAVISHANKAR, SENIOR ADVOCATE FOR
VINUTHA B S SRI ABISHEK MARLA M. J., ADVOCATE)
Location:
High Court of
Karnataka
AND:
1. LAXMIDEVI L. D.,
W/O M. H. AJJAPPA,
AGED ABOUT 42 YEARS,
HOUSE WIFE,
R/AT No.138, S. O. G. COLONY,
DAVANAGERE 577003.
2. PALLAVI M. A.,
D/O M. H. AJJAPPA,
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HC-KAR
AGED ABOUT 24 YEARS,
STUDENT,
R/AT No.138, S. O. G. COLONY,
DAVANAGERE 577003.
3. PRADEEP M. A.,
D/O M. H. AJJAPPA,
AGED ABOUT 22 YEARS,
STUDENT,
R/AT No.138, S. O. G. COLONY,
DAVANAGERE 577003.
4. GURURAJ M. MUKHTEDHAR,
S/O MUARLIDHAR MUKHTEDHAR,
AGED ABOUT 27 YEARS,
DRIVER OF THE CAR BEARING
REGISTRATION No.KA -03-MD-8158,
R/AT No.1425,
BEHIND BASAVRAJ THEATER,
THEGGINA HONI, KUSTAGI,
KOPPAL DISTRICT 585231.
5. PRATHAM MOTORS BELLANDUR,
(MARUTHI SUZUKI ARENA)
16, MARATHAHALLI SARJAPUR
OUTER RING ROAD,
KARIYAMANNA AGRAHARA,
BELLANDUR,
BANGALORE,
REPRESENTED BY ITS MANAGER
6. MURALIDHAR M.S.,
MAJOR,
FATHERS NAME NOT KNOWN,
PROPRIETOR,
MOOKAMBIKA CARS,
#1066, 55TH CROSS,
5TH BLOCK, RAJAJINAGAR,
BANGALORE 560010.
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MFA No. 2202 of 2023
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7. SMT. NINGAMMA
W/O HANUMAPPA @
MOOKA HANUMAPPA,
AGED ABOUT 68 YEARS,
R/AT NEAR DURGAMBIKA TEMPLE,
A.K COLONY, MALALKERE VILLAGE,
DAVANAGERE TALUK
AND DISTRICT - 577514.
...RESPONDENTS
(BY SMT. SARITHA KULKARNI, ADVOCATE FOR R1 TO R3;
R4 SERVED AND UNREPRESENTED;
SMT. S.K. PRATHIMA, ADVOCATE FOR
SRI BENEDICT ANAND, ADVOCATE FOR R5(IN IA 2/2023);
V/O DATED 10.09.2025 NOTICE TO R6 IS HELD SUFFICIENT;
SMT. M.V. ASHWINI, ADVOCATE FOR
SRI M.V. VEDAMURTY, ADVOCATE FOR R7)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 25.10.2022
PASSED IN MVC No.553/2020 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND CJM, DAVANAGERE, AWARDING
COMPENSATION OF RS.46,38,950/- WITH INTEREST AT THE
RATE OF 6 PERCENT P.A. FROM THE DATE OF PETITION TILL
THE DATE OF REALIZATION.
THIS APPEAL, COMING ON FOR 'DISPOSAL' THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
and
HON'BLE MR. JUSTICE K. V. ARAVIND
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MFA No. 2202 of 2023
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE S.G.PANDIT) Respondent No.2 before the Principal Senior Civil Judge and CJM at Davanagere (for short, 'the Tribunal') is before this Court under Section 173(1) of the Motor Vehicle Act, 1988 (for short, 'the Act'), aggrieved by the saddling of liability under the judgment and award dated 25.10.2022 in MVC No.553/2020.
2. The claimants i.e., respondent Nos.1 to 3 filed claim petition under Section 166 of the Act claiming compensation for the accidental death of one M.H. Ajjappa (deceased), husband of the first claimant in a road traffic accident that took place on 28.12.2019 involving car bearing Reg.No.KA-03/MD-8158.
3. On issuance of notice, the appellant herein, who was respondent No.2 before the Tribunal failed to appear and was placed ex parte. Respondent No.1 before the Tribunal, who is respondent No.4 in the present appeal filed objection stating that the deceased was driving the offending vehicle, and as the said deceased was engaged by respondent No.2-RC owner, respondent No.2-RC owner alone is liable to pay the compensation.
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4. The Tribunal under the impugned judgment and award, granted compensation of Rs.46,38,950/- and interest at the rate of 6% p.a., and directed respondent No.2-appellant herein to pay the compensation awarded and directed to deposit the said compensation within 30 days from the date of the order.
5. Aggrieved by the same, the appellant-respondent No.2 before the Tribunal is before this Court in this appeal.
6. I.A.No.2/2023 is filed by the appellant under Order 1 Rule 10(2) of CPC to implead respondent Nos.5 and 6 to the appeal. The averment in the affidavit accompanying the application indicates that the appellant herein was the previous owner of the offending car, he had approached fifth respondent herein, who is an authorized dealer of Maruti Suzuki cars for the purchase of a new car by exchange of the offending car. It is stated that in exchange of the offending car, he purchased a Maruti Suzuki CIAZ car and the said purchase took place on 27.11.2015. The offending car was handed over to the fifth respondent-Pratham Motors on the said date along with all the original documents relating to the offending car along with all the forms signed by the appellant herein for transfer of ownership. -6-
NC: 2026:KHC:9580-DB MFA No. 2202 of 2023 HC-KAR Further, the averment would indicate that on 12.12.2015, the fifth respondent-Pratham Motors had sold the offending car to one Mr. Muralidhar, who is the owner of Mookamika Cars, who has been proposed as respondent No.6 herein.
7. Taking note of the necessity of presence of respondent Nos.5 and 6 and in the light of the averment that the appellant had exchanged the car with respondent No.5, the presence of respondent Nos.5 and 6 would be necessary before the Tribunal to decide the liability. Without the presence of respondent Nos.5 and 6, the Tribunal would not be in a position to fix the liability. Hence, I.A.No.2/2023 is allowed and proposed respondent Nos.5 and 6 are permitted to be impleaded as respondent Nos.5 and 6.
8. Learned counsel for respondent No.5 as well as appellant would plead for an opportunity to place their case on record. Hence, both the appellant as well as respondent No.5 would plead for remanding the matter for fresh consideration only insofar as fixing the liability. -7-
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9. Smt. Saritha Kulkarni, learned counsel for the claimants-respondent Nos.1 to 3 herein has expressed no objection for remanding the matter only to the extent of fixing the liability. However, she submits that the claimants have withdrawn the amount to the extent of Rs.15,00,000/- which was deposited by the appellant herein.
10. Taking note of the above submission and in the facts and circumstances of the case, we also deem it appropriate to remand the matter to the Tribunal to decide/fix the liability. Hence, we pass the following:
ORDER
(i) The appeal is allowed and remanded.
(ii) The judgment and award dated 25.10.2022 in MVC No.553/2020 passed by the Principal Senior Civil Judge and CJM at Davanagere, is set aside to the extent of fixing the liability on the appellant-
respondent No.2 before the Tribunal and the matter is remitted back to the Tribunal to decide/fix the -8- NC: 2026:KHC:9580-DB MFA No. 2202 of 2023 HC-KAR liability after providing opportunity to the appellant and respondent Nos.5 to 7.
(iii) The claimants shall file a formal application before the Tribunal to implead respondent Nos.5 to 7 in the claim petition.
(iv) The parties herein i.e., appellant and respondent Nos.1 to 7 shall appear before the Tribunal on 18.03.2026. On the said date, the claimants shall file an appropriate application for impleading and the Tribunal shall pass a formal order impleading respondent Nos.5 to 7 herein as respondents in the claim petition.
(v) The amount withdrawn by the claimants shall be subject to the adjustment that could be made on fixing the liability in terms of the present order.
(vi) The Tribunal shall also decide the apportionment of compensation awarded between claimant Nos.1 to 3 as well as respondent No.7, the mother of the deceased.
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(vii) The Tribunal, shall dispose of the remanded matter within an outer limit of six months and the parties shall cooperate for early disposal of the claim petition.
Sd/-
(S.G.PANDIT) JUDGE Sd/-
(K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 45