- 1 - HC-KAR NC: 2025:KHC:34972 MFA No. 7667 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7667 OF 2018 (MV-I) BETWEEN: 1. DYAMAPPA, S/O BASAPPA, AGED ABOUT 54 YEARS, OCC:AGRICULTURE, DRIVER CUM OWNER OF HERO HONDA SPLENDOR, BEARING REG. NO.KA-16/J-1348, R/OF LINGADAHALLI VILLAGE, BASAVANAL POST, DAVANAGERE TALUK AND DISTRICT - 577 221. …APPELLANT (BY SRI. M R HIREMATHAD .,ADVOCATE) AND: 1. SRI HALESHAPPA @ HALAPPA, S/O MAHADEVAPPA, AGED ABOUT 49 YEARS, OCC:AGRICULTURE, NOW R/O IST MAIN, 14TH CROSS, VINOBHANAGAR, DAVANAGERE - 577 003. 2. THE MANAGER, THE ORIENTAL INSURANCE CO LTD., BRANCH OFFRICE D.NO.823/7, THILUVALLI COMPLEX, NEAR ARUNA TALKIES, IST FLOOR, P.B.ROAD, DAVANAGERE - 577 004. …RESPONDENTS Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34972 MFA No. 7667 of 2018 (BY SRI. R SHASHIDHARA., ADVOCATE FOR R-1; V/O DATED 23.10.2024, SRI.P.B.RAJU., ADV FOR R-2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED06.09.2016 PASSED IN MVC NO.9/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND VI MACT,DAVANAGERE, AWARDING COMPENSATION OF RS.3,88,640/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Both the counsels are present. 2. I.A.No.2/2018 is filed by the owner of the vehicle for receiving additional documents but he remained ex-parte before the Tribunal. Even in the award, it was mentioned that inspite of service of summons to respondent No.1 has not appeared before the Court and he was said to be ex-parte. 3. As such, this Court finds that it is just and reasonable to remand the matter to the Tribunal to give opportunity to respondent No.1 but with a condition that he has to pay interest from the date of setting him - 3 - HC-KAR NC: 2025:KHC:34972 MFA No. 7667 of 2018 ex-parte to till today (04.09.2025) on the awarded amount. 4. Tribunal is directed to give reasonable opportunity to both sides for adducing evidence and for advancing arguments and to dispose of the matter afresh, within four months from receipt of the record. 5. The registry is directed to send the record within 10 days. 6. Both the parties are directed to appear before the Tribunal on 26.09.2025 and the amount already deposited is to be sent back to the Tribunal. Sd/- (P SREE SUDHA) JUDGE KVR List No.: 1 Sl No.: 33