- 1 - HC-KAR NC: 2025:KHC:19429-DB MFA No.5061/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. K.S.MUDAGAL AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.5061/2024 (MV-D) BETWEEN: 1. SMT. RAJESHWARI ALIAS RAJESHWARI SUDHEENDRA W/O LATE S. SUDHEENDRA ALIAS SUDHEENDRA GOWDA AGED ABOUT 34 YEARS. 2. KUM. BHUVI S. GOWDA D/O LATE S. SUDHEENDRA ALIAS SUDHEENDRA GOWDA AGED ABOUT 13 YEARS. 3. KUM. YUKTA S. GOWDA D/O LATE S. SUDHEENDRA ALIAS SUDHEENDRA GOWDA AGED ABOUT 7 YEARS. 4. SMT. K. SAVITHRAMMA W/O M.B. SHIVAIAH AGED ABOUT 68 YEARS. 5. M.B. SHIVAIAH S/O LATE BYRAPPA ALIAS BACHAPPA AGED ABOUT 73 YEARS. APPELLANTS 2 AND 3 BEING MINORS ARE REP. BY THEIR MOTHER AND NATURAL GUARDIAN, THE 1ST APPELLANT. ALL THE APPELLANTS ARE RESIDING AT NO.302, 2ND CROSS Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19429-DB MFA No.5061/2024 OMBR LAYOUT, NEAR CMR COLLEGE KASTHURINAGARA, BENGALURU - 560 043. …APPELLANTS (BY SRI. A.K. BHAT, ADV.,) AND: 1. M/S KOMITLA SERVICE NO.15, NO.4TH 'C' CROSS INDUSTRIAL AREA, 5TH BLOCK KORAMANGALA, BANGLORE 560034 BY ITS MANAGER (R C OWNER OF VOLVO BUS KA-01-AF-5695). 2. M/S. WICKDRIVE ADVENTURE SERVICES PVT. LTD., NO.1705, 2ND FLOOR, EAST END 'A' MAIN ROAD, JAYANAGAR 9TH BLOCK BENGALURU - 560-069 BY ITS MANAGER (R C OWNER OF MOTOR CYCLE KA-51-D-7300). 3. THE ORIENTAL INSURANCE CO. LTD., NO.44/45, LEO SHOPPING COMPLEX RESIDENCY ROAD, BENGALURU -560 025 BY ITS REGIONAL MANAGER. 4. UNITED INDIA INSURANCE CO. LTD., 24/385-2, ARYA TOWERS, GNT ROAD OPP. BOLLINENI HOSPITAL, DARGAMITTA NELLORE-524004, ANDHRA PRADESH BY ITS MANAGER (POLICE NO.1512043116 P101587211 VALID FROM 30.04.2016 TO 29.04.2017 VOLVO BUS ENGINE NO.195166 CHASIS NO.YV355L527G8177695D19) [AMENDED AS PER ORDER DTD:09.06.2025] …RESPONDENTS (BY SMT. SINDHU SURESH, ADV., FOR SMT. KRUTIKA RAGHAVAN, ADV., FOR R2 SRI. A.N. KRISHNASWAMY, ADV., FOR R3 SRI. L. SREEKANTA RAO, ADV., FOR R4 R1 SERVED AND UNREPRESENTED) - 3 - HC-KAR NC: 2025:KHC:19429-DB MFA No.5061/2024 THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO CALL FOR THE RECORDS OF THE JUDGMENT AND AWARD DATED 08.04.2024 PASSED BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, AT BENGALURU (SCCH- 24) IN MVC NO.5767/2017, AND MODIFY THE FINDINGS OF THE TRIAL COURT, AND ENHANCE THE COMPENSATION, BY GRANTING JUST COMPENSATION WITH COST AND INTEREST, SADDLING LIABILITY TO SATISFY THE AWARD ON ALL THE RESPONDENTS JOINTLY AND SEVERALLY, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. K.S.MUDAGAL and HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. K.S.MUDAGAL) The appellants are the wife, children and parents of deceased S.Sudheendra alias Sudheendra Gowda. On 18.03.2017 at 09:05 a.m. when he was proceeding on motorcycle bearing Reg.No.MH-06-2556 at Tatireddipalli Cross on Bengaluru-Palamaner NH-69 road, Gangavarm Mandal, Chittoor District, Andhra Pradesh, he met with the accident. 2. It was alleged that the rider of motorcycle bearing Reg.No.KA-51-D-7300 hit the motorcycle of Sudheendra Gowda from hind side, consequently, he fell - 4 - HC-KAR NC: 2025:KHC:19429-DB MFA No.5061/2024 down on the road, by that time Volvo bus bearing Reg.No.KA-01-AF-5695 coming from the opposite direction, ran over him and caused his death. The rashness and negligence were imputed to rider of Reg.No.MH-06-2556 and Volvo bus bearing Reg.No.KA-01- AF-5695. The Tribunal by the impugned award imputed 30% rashness and negligence to the driver of Volvo bus and 70% to the deceased himself. 3. Respondent Nos.1 & 2 are the registered owners of Volvo bus bearing Reg.No.KA-01-AF-5695 and motorcycle No.KA-51-D-7300. The appellants have challenged the finding of 70% negligence on the part of deceased himself. Before this Court, the insurer of Volvo bus is impleaded for the first time as respondent No.4. Respondent No.4 needs to be given opportunity to file its statement of objections and defend the case. The Tribunal has to implead him as respondent No.4, therefore, the matter requires to be remanded to the Tribunal for reconsideration after impleading the present respondent No.4 as respondent No.4 in the petition also. Hence, the following: ORDER i. The appeal is allowed. - 5 - HC-KAR NC: 2025:KHC:19429-DB MFA No.5061/2024 ii. The impugned judgment and award dated 08.04.2024 passed in MVC No.5767/2017 by the XXII Additional Small Causes Judge & Additional Chief Metropolitan Magistrate, (MACT), Bengaluru, is hereby set aside. iii. The matter is remanded to the Tribunal. iv. To avoid further delay, the parties are hereby directed to appear before the Tribunal on 14.07.2025 without any further notice. v. On such appearance, the claimants shall implead the insurer of Volvo bus as respondent No.4 in the claim petition. The Tribunal shall give opportunity to respondent No.4 to file its statement of objections and to contest the matter. The Tribunal shall give reasonable opportunity to both the parties to lead their evidence. vi. All the contentions of the parties are kept open. - 6 - HC-KAR NC: 2025:KHC:19429-DB MFA No.5061/2024 vii. The Tribunal shall dispose of the matter as expeditiously as possible at any rate within six (06) months from the date of appearance of the parties. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 7