[Cites 3, Cited by 0]

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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                                     MFA No. 2202 of 2023


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     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


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                        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.

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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.

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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

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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