- 1 - HC-KAR NC: 2025:KHC:39015 MFA No. 2494 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2494 OF 2017 (MV-I) BETWEEN: SRI. ILIYAS @ ILLU @ ILIYAS PASHA, S/O. MUJEEB SAB, AGED ABOUT 32 YEARS, R/O GOWRIKALUVE, VIJAYAPURA EXTENSION, CHIKKAMAGALURU CITY-577 101. …APPELLANT (BY SRI. SATISH R. GIRJI, ADVOCATE) AND: 1. SRI. B.J.DEVARAJ, S/O. JAYANNA, MAJOR, R/O. ADHISHAKTHINAGARA, RAMPURA POST, CHIKKAMAGALURU -577 133. 2. M/S. UNITED INDIA INSURANCE CO. LTD., CRESENT COURT, THOGARIHANKAL CIRCLE, K.M.ROAD, CHIKKAMAGALURU-577101. …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2; VIDE ORDER DATED 23.11.2017, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 21.10.2016 PASSED IN MVC NO.61/2013 ON THE FILE OF THE II ADDITIONAL DISTRICT Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:39015 MFA No. 2494 of 2017 JUDGE AND MACT AT CHIKKAMAGALURU, DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the learned counsel for both parties. 2. This appeal is filed by the appellant challenging the judgment and award dated 21.10.2016 passed in MVC No.61/2013 by the II Addl. District Judge and Motor Accident Claims Tribunal, Chikkamagaluru (hereinafter referred as 'Tribunal' for short). 3. The claimant had filed an application under Section 163-A of the Motor Vehicles Act, it is represented tha the charge sheet was filed against the driver of the vehicle under Sections 3 and 181 of Motor Vehicle Act, alleging negligence. 4. The Tribunal observed that the accident occurred only due to the negligence of the claimant himself, as he was driving the vehicle without having valid - 3 - HC-KAR NC: 2025:KHC:39015 MFA No. 2494 of 2017 driving licence and was claiming compensation for his own fault under the no fault liability. Accordingly, the Tribunal dismissed the claim petition. 5. At the request of both learned counsel, the matter is remanded to the Tribunal with a specific direction to provide an opportunity to both parties to adduce evidence, advance arguments and to decide the matter afresh in accordance with law. 6. The Tribunal is directed to dispose of the matter within a period of three months from the date of this order. 7. Registry is directed to send back the records to the Tribunal within ten days. 8. Both the parties are directed to appear before the Tribunal on 15.10.2025, without awaiting further notice. Sd/- (P SREE SUDHA) JUDGE TMP/List No.: 1 Sl No.: 39