- 1 - HC-KAR NC: 2025:KHC:33106 MFA No. 5343 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5343 OF 2023 (MV-I) BETWEEN: 1. SHIVA H C SINCE DEAD BY HIS LRS KAMALA W/O LATE SHIVA H C AGED ABOUT 46 YEARS 2. PUSHPA H.S., D/O LATE SHIVA H.C., AGED ABOUT 22 YEARS 3. BHUMIKA H.S., D/O LATE SHIVA H.C., AGED ABOUT 21 YEARS ALL ARE R/AT RANIPETE, CMC QUARTERS, MADIKERI TOWN, KODAGU, KARNATAKA -571 201 …APPELLANTS (BY SRI. LETHIF B., ADVOCATE) AND: 1. GEETHA T., W/O THIMMAIAH, AGED MAJOR, R/AT NO 88, NEAR TEMPLE, UDAYAGIRI, MYSORE -570 019 2. MR.BHARATHKUMAR M.S., AGED ABOUT 23 YEARS, S/O MADEGOWDA P., Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33106 MFA No. 5343 of 2023 R/AT SATHI VILLAGE, KAGERE POST, K.R.NAGARA TALUK, MYSORE -571 602 3. THE BRANCH MANAGER HDFC ERGO GENERAL INSURANCE COMPANY LIMITED, LEELA BUSINESS PARK, 6TH FLOOR, ANDHERI KURLA ROAD, MUMBAI -400 059 …RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.06.2023 PASSED IN MVC NO.77/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADIKERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, 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.77/2022 dated 07.06.2023 by the Senior Civil Judge and Member, MACT, Madikeri, whereby the Tribunal had awarded compensation of an amount of Rs.2,92,873/-, the LR's of the deceased have preferred this appeal seeking enhancement of the compensation. - 3 - HC-KAR NC: 2025:KHC:33106 MFA No. 5343 of 2023 2. I.A.No.1/2025 is filed to condone the delay of 613 days in preferring the abatement, I.A.No.2/2025 is filed to set aside the abatement dated 01.06.2023 and I.A.No.3/2025 is filed seeking permission to bring the LR's of the deceased appellant in the appeal. 3. Learned counsel appearing for the appellant submits that even before the judgment is pronounced, the claimant died and this judgment is passed against the deceased. The LR’s could not inform the same to the advocate and the same was not brought to the notice of the Court. He further submits that the delay may be condoned and the LR’s may be permitted to come on record. 4. The award that is impugned before this Court is a judgment that is passed against a dead person, which is a nullity. In that view of the matter, this Court deems it appropriate to set aside this award and remand the matter to the Tribunal for fresh consideration where the LR’s can file appropriate application before the Tribunal. 5. Accordingly, the appeal is allowed and the award passed in MVC.No.77/2022 dated 07.06.2023 by the Senior - 4 - HC-KAR NC: 2025:KHC:33106 MFA No. 5343 of 2023 Civil Judge and Member, MACT, Madikeri, is set aside and the matter is remanded back to the Tribunal for fresh consideration. i. The Tribunal shall issue notice to all the parties afresh and consider the case on the merits of it. ii. There is a delay of 613 days in filing the application. Hence, for the period of 613 days, the claimants are not entitled for the interest. iii. No costs. iv. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 9