- 1 - HC-KAR NC: 2025:KHC:35231 MFA No. 7349 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7349/2016 (MV-I) BETWEEN: ANIL RAJU @ ANIL S/O LINGARAJU, AGED ABOUT 30 YEARS, R/AT UGANE VILLAGE, PALYA POST, KOLLEGALA TQ, CHAMARAJANAGARA DISTRICT-571 441. …APPELLANT (BY SRI. SREENIVASAN M Y., ADVOCATE) AND: 1. ABDUL KHALIQ, S/O ABDUL AZEEZ, MAJOR, R/AT MUSLIM BLOCK, BANDAHALLY VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571 441. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., NO.305, ATCHMAS MANSION, DR. RAJKUMAR ROAD, SOUTHERN EXTN., KOLLEGALA-571 443. …RESPONDENTS (BY SRI. O. MAHESH, ADVOCATE FOR R2. NOTICE TO R1 OS H/S V/O DTD:22.06.2013) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.06.2016 PASSED IN MVC NO.330/10 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE & MEMBER, OF MACT, CHAMRAJANAGARA, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:35231 MFA No. 7349 of 2016 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF 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 This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 10.06.2016 passed in MVC No.330/2010 on the file of the Additional District & Sessions Judge & Member of MACT, Chamrajanagara, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. Notice to respondent No.1 is dispensed with. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Before the tribunal, it was held that the driver of the vehicle has no driving license and thus the owner of - 3 - HC-KAR NC: 2025:KHC:35231 MFA No. 7349 of 2016 the vehicle was only liable to pay the compensation. Presently, learned counsel for the appellant stated that they obtained the driving license and requested the court to remand the matter to the tribunal for producing the same. 4. Learned counsel of the respondent No.2 objected the same on the ground that respondent No.1 has not preferred any appeal. However, learned counsel for the appellant stated that appeal of respondent No.1 is filed, but it was dismissed for default. Therefore, this court finds it reasonable to remand the matter to the tribunal to give an opportunity to appellant counsel to produce evidence regarding driving license. 5. The tribunal is at liberty to grant reasonable opportunity to both sides for adducing evidence and for arguments and to dispose of the matter afresh by duly - 4 - HC-KAR NC: 2025:KHC:35231 MFA No. 7349 of 2016 considering the evidence on record, on merits within 3 months from the date of receipt of the order. 6. Further, petitioner/appellant filed their driving license, at this stage he is not entitled for interest. 7. Registry is directed to send the record immediately. 8. Both the parties are directed to be present before the tribunal on 08.10.2025. 9. Insurance company is not liable to pay the interest from the date of the order till today i.e. 08.09.2025 and owner alone is liable to pay interest for the said period. 10. Accordingly, this appeal is disposed of. Sd/- (P SREE SUDHA) JUDGE AKV_List No.: 1 Sl No.: 51