- 1 - HC-KAR NC: 2025:KHC:42863-DB MFA No. 4160 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4160 OF 2021(MV-D) BETWEEN: 1. MISS SEEMA W/O ASIF AHAMAD AGED ABOUT 27 YEARS, OCCUPATION- HOUSE WIFE D/O SHABIR SAB, R/O RAGHAVENDRE EXTENSION, SHIKARIPURA TALUK, SHIVAMOGGA DIST-577 427. 2. MASTER MOHAMMED ASAD S/O ASIF AHAMAD AGED ABOUT 11 YEARS, R/O RAGHAVENDRE EXTENSION, SHIKARIPURA TALUK, SHIVAMOGGA DIST-577 427 MINOR GUARDIAN REPRESENTED BY HIS MOTHER APPELLANT NO.1 …APPELLANTS (BY SRI. MD. AKRAM UPPIN, ADVOCATE FOR SRI. RAHAMATHULLA KOTHWAL, ADVOCATE) AND: 1. SRI MANUGOWDA S/O SHIVANNA Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42863-DB MFA No. 4160 of 2021 AGED ABOUT 33 YEARS, R/O HARONAHALLI JANATA COLONY VILLAGE, KANAKAPURA TALUK, RAMANAGARA DIST-562 112 (DRIVER OF VEHICLE BEARING NO.KA-42 A 2506 MAHENDRA BOLERO PICKUP FB) 2. SMT.GOWRAMMA W/O SHIVANNA AGED ABOUT 44 YEARS, R/O NO.13, HARONAHALLI, 1ST DIVISION, HARONAHALLI POST, KANAKAPURA TALUK, RAMANAGARA DIST-562 112 (OWNER OF VEHICLE BEARING NO.KA-42 A-2506 MAHENDRA BOLERO PICKUP FB) 3. THE ICICI LOMBARD GENERAL INSURANCE COMPANY LTD C-22, 2ND FLOOR, MAXMUS COMMERCIAL COMPLEX, LITE HOUSE, HILL ROAD, HAMPANAKATTE, MANGALORE-575 001 (POLICY BEARING NO.3003/88299085/00/000 KA-42 A-2506 MAHENDRA BOLERO PICKUP FB) BY ITS MANAGER …RESPONDENTS (BY SRI. A.N. KRISHNASWAMY, ADVOCATE FOR R3, R1, R2 - SERVED UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.03.2021 PASSED IN MVC NO.818/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, AMACT -15 AT, SHIKARIPURA, DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42863-DB MFA No. 4160 of 2021 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Heard Mr.A.N.Krishnaswamy, learned counsel appearing for respondent No.3-Insurance Company. 2. The claimants are wife and minor son of deceased Asif Ahamad who died in a road accident on 08.11.2014. The deceased was driving Maruthi Car bearing registration No.CKW 3257 and while he was proceeding from Bengaluru to Kanakapura, he met with an accident with Mahindra Bolero Pick Up Goods vehicle bearing registration No.KA-42-A-2506 owned by respondent No.2. 3. The learned Tribunal has framed the following issues for determination: "1) Whether the petitioner proves that one Asif Ahamed S/o Altaf Ahamed succumbed to the injuries sustained in the Motor vehicle accident that occurred on 08.11.2014 at about 4.00 a,.m., near - 4 - HC-KAR NC: 2025:KHC:42863-DB MFA No. 4160 of 2021 Somanahalli Balaji Nursery, Singayyana Kere, Bangalore due to rash and negligent driving of Mahindra Bolero Pick Up FB bearing No.KA-42-A-2506 by its driver of 1st respondent? 2) Whether the petitioner is entitled for compensation as prayed for? If yes, what is the quantum of amount and who is liable to pay? 3) What order or award?" 4. The learned Tribunal, considering the FIR and chargesheet filed against the deceased, has been of the view that the accident took place because of the rash and negligent driving of the deceased. 5. From perusal of the impugned order, it appears that the claim petition of the appellants was not properly contested and the evidence was not lead to prove the negligence on part of Mahindra Bolero Pick Up goods vehicle. The Motor Vehicles Act, 1988 is a beneficial legislation and the claim petition should be dismissed only - 5 - HC-KAR NC: 2025:KHC:42863-DB MFA No. 4160 of 2021 on such grounds as when the accident is purely on the rash and negligent driving/conduct of the claimant/deceased etc. 6. As the deceased was the husband of appellant No.1 and no one else was there to defend/conduct the proceedings properly, we deem it appropriate to set aside the impugned judgment and remand the matter back to the Tribunal for fresh consideration, giving an opportunity to the claimants to prove their claim by leading evidence regarding the negligence of the Mahindra Bolero Pick Up Goods Vehicle. 7. We therefore, allow the appeal and set aside the impugned judgment and the remand the matter back to the Tribunal. On remand, the Tribunal should conclude the proceedings within a period of six months. 8. The claimants/appellants shall have independent claim regarding compensation from the - 6 - HC-KAR NC: 2025:KHC:42863-DB MFA No. 4160 of 2021 insurer of the Maruthi Vehicle, which was involved in the accident and driven by the deceased. 9. With the aforesaid liberty, we direct the appellants/claimants and the insurance company to be present before the Tribunal on 17.11.2025. The Registry is directed to send back the Trial Court records to the Tribunal forth with. SD/- (D K SINGH) JUDGE SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 46