- 1 - HC-KAR NC: 2025:KHC:36394 MFA No. 2277 of 2024 C/W MFA No. 7352 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2277 OF 2024 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 7352 OF 2023 (MV-I) IN MFA No. 2277/2024 BETWEEN: THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., BRANCH OFFICE: L 36/D, OPP. KSRTC BUS STAND BENGALURU NEELAGIRI ROAD, MYSURU - 570 001 REP. BY ITS MANAGER LEGAL NO.28, 5th FLOOR, EAST WING CENTENARY BUILDING, M.G.ROAD, BENGALURU -560 001 …APPELLANT (BY SRI. D.VIJAYAKUMAR, ADVOCATE) AND: 1. SRI M.SHANKAR S/O LATE MADAPPA, AGED ABOUT 48 YEARS, R/AT NO. 4821 KANIYARA RAMAMANDIRA ROAD RAJENDRA NAGARA MYSURU- 570 007 2. SRI. MANU R., S/O RAMAMURTHY MAJOR, R/AT NO. 73 EAST STREET, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36394 MFA No. 2277 of 2024 C/W MFA No. 7352 of 2023 SIRUVALAI, MADHURAI UTTHARA TALUK MADHURAI -625 402 …RESPONDENTS (BY SRI. SYED ABDUL SABOOR, ADVOCATE FOR R1 R2- SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.09.2023 PASSED IN MVC NO.1449/2021 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MACT, MYSURU, AWARDING COMPENSATION OF RS.5,26,300/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 7352/2023 BETWEEN: M.SHANKAR S/O LATE MADAPPA AGED ABOUT 47 YEARS R/AT NO. 4821 KANIYARA RAMAMANDIRA ROAD, RAJENDRA NAGARA MYSURU -570 007 ...APPELLANT (BY SRI. SYED ABDUL SABOOR, ADVOCATE) AND: 1. MANU R., S/O RAMAMURTHY AGED MAJOR R/AT 73, EAST STREET SIRUVALAI, MADHURAI UTTHARA TALUK MADHURAI -652 402 2. MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD., L 36/D, OPP. KSRTC BUS STAND BENGALURU-NEELAGIRI ROAD MYSRUU -570 001 ...RESPONDENTS (BY SRI.D.VIJAYKUMAR, ADVOCATE FOR R2 V/O DATED: 24/11/2023- NOTICE TO R1 IS DISPENSED WITH) - 3 - HC-KAR NC: 2025:KHC:36394 MFA No. 2277 of 2024 C/W MFA No. 7352 of 2023 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.09.2023 PASSED IN MVC NO. 1449/2021 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1449/2021 dated 02.09.2023 by the Judge, Addl. Court of Small Causes & MACT, Mysuru whereby the Tribunal had granted compensation of an amount Rs.5,26,300/-, the claimant is before this court seeking enhancement of the compensation by filing MFA No.7352/2023 and the insurance company is before this court by filing MFA No.2277/2024. 2. Learned counsel appearing for the appellant/insurance company submits that no notice was served on the insurance company and the insurance company is set exparte and an order is passed. It is submitted that respondent is denying the liability on the ground that the vehicle is not involved and even the owner of the vehicle had contested the matter. Learned counsel across the bar has submitted that in several cases - 4 - HC-KAR NC: 2025:KHC:36394 MFA No. 2277 of 2024 C/W MFA No. 7352 of 2023 notices are not served on the insurance company and still the insurance companies are set exparte. In this regard they have already given a complaint and the same was addressed by the court. 3. Considering the submission of the learned counsel for the insurance company for giving a fair opportunity to both the parties, this Court deems it appropriate to set aside the award and remand the matter back to the Tribunal. i. The impugned judgment passed in MVC.No. 1449/2021 dated 02.09.2023 by the Judge, Addl. Court of Small Causes & MACT, Mysuru is set aside. ii. Accordingly, both the appeals are allowed and remanded back to the Tribunal for fresh consideration. iii. Without further notice, the parties shall appear before the Tribunal on 08.10.2025 and the within the outer limit of 6 months the Tribunal shall pass orders. iv. The amount in deposit shall be forthwith transferred to the tribunal and shall be kept in a fixed deposit. - 5 - HC-KAR NC: 2025:KHC:36394 MFA No. 2277 of 2024 C/W MFA No. 7352 of 2023 v. The Registry is directed to return the Trial Court Records to the Tribunal along with the certified copy of the order passed by this court forthwith without any delay. vi. No Costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 33