- 1 - HC-KAR NC: 2025:KHC:26120-DB MFA No. 3661 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 3661 OF 2025 (MV-D) BETWEEN: SRI. ARUN KUMAR. H. G. 'S/O GIRIYANNA, AGED ABOUT 30 YEARS, RESIDING AT HULLEVAHALLI VILLAGE AT POST, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT, BENGALURU RURAL 562123. …APPELLANT (BY SRI. HARSHA KUMAR GOWDA H.R.., ADVOCATE) AND: 1. SMT. BHOOMIKA. S W/O LATE GIRISH J, AGED ABOUT 24 YEARS, 2. BABY KUSHIK G S/O LATE GIRISH J, AGED ABOUT 3 YEARS, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26120-DB MFA No. 3661 of 2025 3. SMT SHAKUNTHALA W/O LATE JAYARAM, AGED ABOUT 46 YEARS, R1 TO R3 ARE RESIDING AT SANKIGATTA VILLAGE, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT 562123. 4. SRI AKBAR ALI S/O HUSSAN SAHEB, RESIDING AT NO. 383, 11TH MAIN ROAD, WOC ROAD, 3RD STAGE, MANJUNATH NAGAR, BENGALURU 560010. 5. SRI PADMESH S/O MUDLAGIRIYAPPA AGED ABOUT 41 YEARS, RESIDING AT GANGONAHALLI, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT 562123. …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.08.2024 PASSED IN MVC NO. 4075/2023 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE , ACJM, COURT OF SMALL CAUSES, MEMBER, MACT-15, BENGALURU SCCH-15, AWARDING COMPENSATION OF RS.31,49,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. - 3 - HC-KAR NC: 2025:KHC:26120-DB MFA No. 3661 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) This appeal is by the first respondent who has not contested the proceedings before the XIII Additional Small Causes and ACJM and Additional MACT, Bengaluru [for short, 'the Tribunal']. The appellant is the first respondent in M.V.C. No.4075/2023 before the Tribunal. The first to third respondents have filed claim petition against the appellant and the fourth respondent, contending that the driver of the vehicle [the fifth respondent] was rash and negligent and that the appellant and the fourth respondent will be liable to pay compensation. The respondents - claimants have described the appellant as the present owner and the fourth - 4 - HC-KAR NC: 2025:KHC:26120-DB MFA No. 3661 of 2025 respondent as the earlier owner of the vehicle and the vehicle stood in his name even as of the date of the accident. The learned counsel emphasizes that the appellant has not purchased the vehicle at all and he is drawn into proceedings only because of the statement by the fifth respondent. The learned counsel proposes to plead bonafides insofar as the appellant's failure to contest the proceedings. These circumstances are considered in the light of the indisputable fact that the appellant can avail remedy under Order IX Rule 13 of the Code of Civil Procedure, 1908 [for short, 'the CPC'], and whether the appellant can demonstrate bonafides could always be examined better in such proceedings. Therefore, this Court is not inclined to interfere in this appeal and is of the opinion that the appellant must work out his remedies under Order IX Rule 13 of CPC. - 5 - HC-KAR NC: 2025:KHC:26120-DB MFA No. 3661 of 2025 At this stage, Mr. Harsha Kumar Gowda H.R. submits that execution proceedings have been initiated and there is every likelihood of precipitative orders prejudicing the appellant. These circumstances are also considered, and this Court is of the view that the execution proceedings must be deferred for a period of eight [8] weeks with liberty to the appellant to seek appropriate protection in the aforesaid proceedings. In the light of the afore, the following: ORDER a. The appeal stands disposed of, reserving liberty to the appellant to avail remedy under Order IX Rule 13 of CPC as against the impugned Judgment and Award dated 02.08.2024 in M. V. C. No.4075/2023 on the file of the XIII Additional Small Causes and ACJM and Additional - 6 - HC-KAR NC: 2025:KHC:26120-DB MFA No. 3661 of 2025 MACT, Bengaluru and deferring coercive measures in the execution proceedings for a period of eight [8] weeks from the date of receipt of a certified copy of this order. b. The Registry is directed to return the certified copy of the impugned Judgment and Award to the learned counsel for the appellant as against the learned counsel furnishing an additional photocopy. c. The Registry is also directed to return the statutory deposit to the appellant. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE RB