- 1 - HC-KAR NC: 2025:KHC:38671 MFA No. 3037 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.3037 OF 2017(MV-I) BETWEEN: UNITED INDIA INSURANCE CO. LTD., HUNASOOR BRANCH, HUNASOOR, REPRESENTED BY THE MANAGER, UNITED INDIA INSURANCE CO. LTD., HASSAN, NOW REPRESENTED BY REGIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, 5TH & 6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001. …APPELLANT (BY SRI. A N KRISHNA SWAMY, ADVOCATE) AND: 1. SYED MUKTHIYAR S/O. SYED GAFAR, NOW AGED ABOUT 28 YEARS, R/O. KUSHALNAGAR EXTENSION, SAKALESHPUR TALUK-573 134. 2. ALMAS PASHA S/O. BASHA SAHEB, MAJOR, R/O. PUMP HOUSE ROAD, LAKSHMIPURA EXTENSION, SAKALESHPURA-573 134. …RESPONDENTS (R1 SD, V/O DTD. 29.07.2025, NOTICE TO R2 IS PROPER SERVICE AND PLACED EX-PARTE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38671 MFA No. 3037 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.02.2014 PASSED IN MVC NO.1353/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT AT SAKALESHPUR, AWARDING COMPENSATION OF RS.1,77,750/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Despite service of notice to respondent Nos.1 & 2, they did not turn-up. 2. Learned counsel for the appellant-Insurance Company has mainly contended that no insurance policy was in existence as on the date of accident. In view of the contention, this Court finds it reasonable to remand the matter to the Tribunal with a direction to permit both parties to adduce evidence on the issue of policy coverage and fix up the liability on proper party. 3. The Tribunal is directed to dispose of the matter within a period of two months from the date of this order. - 3 - HC-KAR NC: 2025:KHC:38671 MFA No. 3037 of 2017 4. Registry is directed to send back the records to the Tribunal within ten days. 5. Both the parties are directed to appear before the Tribunal on 14.10.2025, without awaiting further notice. 6. The amount deposited by the Insurance Company shall be refunded on proper identification. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 5