Karnataka High Court
Pandu vs Kum Veena on 18 August, 2025
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NC: 2025:KHC:32031
MFA No. 1679 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 1679/2019 (MV-I)
BETWEEN:
PANDU S/O GOVINDA,
AGED ABOUT 51 YEARS,
R/O TAMIL COLONY, MARKET ROAD,
CHIKKAMAGLAURU-577 126,
(OWNER OF LORRY BEARING
REG NO.KA-18/AA/7868)
...APPELLANT
(BY SRI. GIRISH B. BALADARE, ADVOCATE)
AND:
1. KUM. VEENA D/O RAJESH,
AGED ABOUT 21 YEARS,
STUDENT,
R/O GUNDUKALL COLONY,
KATRUMANE VILLAGE,
VASTHARE HOBLI,
Digitally CHIKKAMAGALURU TALUK-577 126.
signed by
MADHURI S 2. ASLAM S/O ANVAR PASHA,
Location: AGED ABOUT 48 YEARS,
High court of R/O TIPPUNAGAR,
Karnataka CHIKKAMAGALURU-577 126,
(DRIVER OF LORRY BEARING
REG NO.KA-18/AA/7868)
3. CHOLAMANDALAM
MS GENERAL INSURANCE CO. LTD.,
DARE HOSUE, 2ND FLOOR,
N.S.C. BOSE ROAD,
CHENNAI-6000 0001.
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MFA No. 1679 of 2019
HC-KAR
4. CHANDRASHEKAR C/O MALLESH,
S/O BYRAIAH,
AGED ABOUT 26 YEARS,
R/O GUNDUKALL COLONY
KATRUMANE VILLAGE,
VASTHARE HOBLI,
CHIKKAMAGALURU TALUK-577 126,
(RIDER OF HERO HONDA MOTORCYCLE
BEG. REG. NO.KA-18/K-3239)
5. MALLESH S/O BYRAIAH,
AGED ABOUT 48 YEARS,
R/O GUNDUKALL COLONY,
KATRUMANE VILLAGE,
VASTHARE HOBLI,
CHIKKAMAGALURU TALUK-577 126,
(OWNER OF HERO HONDA MOTORCYCLE
BEG. REG. NO.KA-18/K-3239)
6. THE BRANCH MANAGER,
ORIENTAL INSURANCE CO. LTD.,
NAG NIRMALA COMPLEX,
OPP. RANGANNA CHOULTRY,
BASAVNAHALLI MAIN ROAD,
CHIKKAMAGALURU-577 126.
...RESPONDENTS
(BY SRI. JAGADEESH H T., ADVOCATE FOR R1,
SRI. C.R. RAVISHANKAR, ADVOCATE FOR R6,
SRI. B. PRADEEP, ADVOCATE FOR R3, R2, R4 AND R5 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:28.02.2018 PASSED IN MVC
NO.525/2016 ON THE FILE OF THE 1ST ADDITIONAL SENIOR
CIVIL JUDGE, AMACT, CHIKKAMAGALURU, AWARDING
COMPENSATION OF RS.1,73,898/- WITH INTEREST AT 6% P.A.
FROM THE DATE OF PETITION TILL ITS ENTIRE REALIZATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
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NC: 2025:KHC:32031
MFA No. 1679 of 2019
HC-KAR
ORAL JUDGMENT
This appeal is filed by the appellant/owner of the
vehicle, under Section 173(1) of Motor Vehicles Act, 1988
challenging the judgment and award dated 28.02.2018
passed in MVC No.525/2016 passed by the I Additional
Senior Civil Judge, AMACT, Chikkamagaluru, to fix the
liability and modify the award and compensation and
direct Insurance Company to pay the amount.
2. Learned counsel for respondent/Insurance
opposed the same and submits that the appellant never
appeared before the tribunal and was set ex-parte before
MACT on 22.04.2016. However, appellant filed this appeal
before this court on 21.02.2019 and came up with this
application on 10.09.2024. Hence, as the appellant filed
the application with delay, he shall be liable to pay interest
for the period from 22.04.2016 to 10.09.2024.
3. Therefore, the matter is remanded to tribunal
granting permission to the appellant to lead evidence for
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HC-KAR
receiving of the documents and opportunity to be given to
both sides for adducing evidence and for arguments.
Accordingly, this appeal is allowed.
The tribunal is directed to dispose of the matter
within 4 months after receipt of the record.
Registry is directed to send the record within10 days
from the date of this order.
Parties are directed to appear before the tribunal on
09.09.2025.
In view of disposal of this appeal, all pending
interlocutory applications does not survive for
consideration. Hence, all pending interlocutory
applications are disposed of.
SD/-
(P SREE SUDHA)
JUDGE
AKV
