Karnataka High Court
Sri. Jayaramegowda vs Sri. B.N. Vishnu on 19 February, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC:6901
MFA No. 2663 of 2022
C/W MFA No. 5972 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO.2663 OF 2022(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.5972 OF 2022(MV-I)
IN MFA NO.2663/2022
BETWEEN:
MR. B.N. VISHNU,
S/O NANJEGOWDA,
AGED ABOUT 42 YEARS,
R/AT BANAVASE VILLAGE,
BAGUR HOBLI, CHANNARAYAPATNA
TALUK, HASSAN DISTRICT - 573 116.
...APPELLANT
(BY SRI. RAJARAMA SOORYAMBAIL, ADVOCATE)
AND:
1. SRI. JAYARAMEGOWDA.
S/O RANGEGOWDA, MAJOR,
Digitally signed
by V KRISHNA R/O NO.1217, PWD QUARTERS,
Location: High HASSAN TOWN,
Court of HASSAN TALUK AND DISTRICT,
Karnataka (KA-11-7572 AUTO OWNER).
2. SRI. BORALINGEGOWDA,
S/O. BOREGOWDA, MAJOR,
R/O NO.SATHENAHALLI VILLAGE,
DANDIGANAHALLI HOBLI,
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT,
(KA-11-7572 AUTO DRIVER)
...RESPONDENTS
(BY SRI. S. NAGESH, ADVOCATE FOR R1 AND R2)
-2-
NC: 2024:KHC:6901
MFA No. 2663 of 2022
C/W MFA No. 5972 of 2022
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND
AWARD DATED 09.03.2021 PASSED IN MVC NO.1840/2018 ON
THE FILE OF 4TH ADDITIONAL DISTRICT AND SESSIONS
JUDGE, HASSAN DISTRICT (SIT AT CHANNARAYAPATNA),
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.5972/2022
BETWEEN:
1. SRI. JAYARAMEGOWDA,
S/O RANGEGOWDA, MAJOR,
AGED ABOUT 46 YEARS,
R/O NO.1217, PWD QUARTERS,
HASSAN TOWN, HASSAN TALUK,
HASSAN DISTRICT.
(KA-11-7572 AUTO OWNER
HAVING BHARATHI AXA INSURANCE POLICY
NO.FCV/SA064510/E-4/09-003245
VALID FROM 7-9-17 TO 6-9-18 AS ON THE
DATE OF ALLEGED ACCIDENT DT. 27-03-2018)
2. SRI. BORALINGEGOWDA,
AGED ABOUT 49 YEARS,
S/O BOREGOWDA,
R/O SATHENAHALLI VILLAGE,
CHOWLAGALA,
HASSAN DISTRICT - 573 111,
(KA-11-7572 AUTO DRIVER)
...APPELLANTS
(BY SRI. NAGESH S., ADVOCATE)
AND:
SRI B.N. VISHNU,
S/O NANJEGOWDA,
AGED ABOUT 38 YEARS,
R/AT BANAVASE VILLAGE,
BAGUR HOBLI,
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT - 573 116.
...RESPONDENT
-3-
NC: 2024:KHC:6901
MFA No. 2663 of 2022
C/W MFA No. 5972 of 2022
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND
AWARD DATED 09.03.2021 PASSED IN MVC NO.1840/2018 ON
THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS
JUDGE, HASSAN DISTRICT (SIT AT CHANNARAYAPATNA).
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
MFA No.2663/2022 is preferred by the appellant-claimant
questioning the judgment and award dated 09.03.2021 passed
by IV Additional District and Sessions Judge, Hassan District
(sit at Channarayapatna) (for short 'the Tribunal') in MVC
No.1840/2018. This appeal is founded on the premise of
inadequacy of compensation. Hence, the appellant-claimant
seeks enhancement of compensation.
2. MFA No.5972/2022 is preferred by the appellants-
owner and driver of the offending vehicle seeking to set aside
the judgment and award dated 09.03.2021 passed by IV
Additional District and Sessions Judge, Hassan District (sit at
Channarayapatna) (for short 'the Tribunal') in MVC
No.1840/2018.
3. Parties to the appeal shall be referred to as per their
status before the Tribunal.
NC: 2024:KHC:6901
4. Learned counsel for owner and driver of the
offending vehicle contends that the appellants-owner and
driver of the offending vehicle seek to set aside the
judgment and award of the tribunal on the ground that the
claimant had not made the Insurance Company as a party
to the proceedings before the tribunal and no opportunity
was provided and secondly, the owner and driver of the
offending vehicle were placed ex parte before the tribunal.
In essence, there was absolutely no contest before the
tribunal and the matter has been partly allowed awarding
compensation to the claimant.
5. A short point that would arise for consideration is
that:
"Whether the appeal is liable to be
remanded to the jurisdictional tribunal to be
contested by the respondents-owner and
driver of the offending vehicle?"
6. The Insurance Company was not made as a party
before the tribunal as well as respondent Nos.1 and 2 were
placed ex parte before the tribunal.
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7. My answer to the said question would be in the
affirmative. It is apparently and evidently seen that the
claimant has not impleaded the Insurance Company as a
party to the proceedings before the tribunal. There is non-
joinder and mis-joinder of parties before the tribunal and
there is absolutely no contest by respondent Nos.1 and 2.
Therefore, without going into the merits of matter, the
claimant seeks enhancement and the owner and driver of
the offending vehicle seek to set aside the judgment.
8. It is contended by the learned counsel for
appellants-owner and driver of the offending vehicle that
no notice was served on them before the tribunal and they
were placed ex parte before the tribunal. It is only after
the receipt of notice of this Court, they came to know
about the judgment and award passed by the tribunal
against them. Hence, they have filed an appeal in MFA
No.5972/2022.
9. The appeal of the owner and driver of the
offending vehicle requires to be allowed for the reason that
NC: 2024:KHC:6901
Insurance Company was not made as a party before the
tribunal and no opportunity was given to contest the case.
10. Under the circumstances, the appeal preferred by
the claimant seeking enhancement cannot be entertained
when this Court deems it appropriate to remand the
appeal of the owner and driver to the tribunal. Hence, the
appeal of the claimant would have to be disposed of in
terms of appeal of the owner and driver of the offending
vehicle being remanded back to the tribunal providing
opportunity to both parties to adduce further evidence
before the tribunal and produce all necessary documents
to establish the case.
11. Accordingly, I pass the following:
ORDER
i) MFA Nos.2663/2022 and 5972/2022 preferred by the
claimant and owner of the offending vehicle are
allowed;
NC: 2024:KHC:6901
ii) The judgment and award dated 09.03.2021
passed by IV Additional District and Sessions
Judge, Hassan District (Sit at Channarayapatna) in
MVC.No.1840/2018 is hereby set aside;
iii) The matter is remanded back to the jurisdictional
tribunal for consideration afresh;
iv) The Insurance Company shall be made as a party
to the proceedings before the tribunal and afford
opportunity to the Insurance Company to file
statement of objections, cross examine the
witnesses and adduce its own evidence;
v) In view of the fact that both parties are before this
Court through their respective counsels, they shall
appear before the jurisdictional tribunal on
19.03.2024, without awaiting any further notice
either from this Court or from the tribunal;
vi) The amount deposited by the owner and driver of
the offending vehicle-appellants in MFA
No.5972/2022 shall be released in favour of the
appellants upon proper identification.
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vii) It is made clear that this Court has not expressed
any opinion on the merits of the matter.
viii) All contentions are kept open.
Sd/-
JUDGE
CPN
CT:SNN
