- 1 - HC-KAR NC: 2025:KHC:35627 MFA No. 2281 of 2018 C/W MFA No. 2282 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2281/2018 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 2282/2018 (MV-D) IN MFA No. 2281/2018: BETWEEN: SRI RAVI NAIDU C, AGED ABOUT 54 YEARS, S/O LATE C SRINIVASULU NAIDU, VISION MAIN POWER AGENCY NO.1092, 16TH CROSS 25TH MAIN, BSK 2ND STAGE, BENGALURU-560 070. …APPELLANT (BY SRI. K K VASANTH., ADVOCATE) AND: 1. CHAITRA D AGED 6 YEARS, D/O GIRIRAJA C, R/AT NO.675, 3RD CROSS, F.F. LAYOUT, LAGGERE, BENGALURU-560 058, SINCE MINOR REPRESENTED BY HER FATHER AND NATURAL GUARDIAN SRI GIRIRAJA C, AGED ABOUT 38 YEARS, S/O CHALUVAIAH R/AT NO. 675, 3RD CROSS, F.F. LAYOUT LAGGERE, BENGALURU-560 058. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:35627 MFA No. 2281 of 2018 C/W MFA No. 2282 of 2018 2. THE MANAGER HDFC ERGO GEN. INSURANCE CO. LTD., NO.25/1, 2ND FLOOR, BUILDING NO. 2, SHANKARNARAYANA BUILDING NO.1, M.G ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. O MAHESH., ADVOCATE FOR R2, V/O DATED 21.04.2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.05.2017 PASSED IN MVC NO.1493/2016 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, BENGALURU, AWARDING COMPENSATION OF RS.48,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 2282/2018: BETWEEN: SRI RAVI NAIDU C, AGED ABOUT 54 YEARS, S/O LATE C. SRINIVASULU NAIDU, VISION MAN POWER AGENCY, NO.1092, 16TH CROSS, 25TH MAIN, BSK 2ND STAGE, BENGALURU-560 070. ...APPELLANT (BY SRI. K K VASANTH., ADVOCATE) AND: 1. SRI GIRIRAJA C AGED ABOUT 38 YEARS, S/O CHALUVAIAH, R/AT NO.675, 3RD CROSS, F.F.LAYOUT, LAGGERE, BENGALURU-560 058. - 3 - HC-KAR NC: 2025:KHC:35627 MFA No. 2281 of 2018 C/W MFA No. 2282 of 2018 2. CHAITRA D, AGED 6 YEARS, D/O GIRIRAJA C R/AT NO.675, 3RD CROSS, F.F.LAYOUT, LAGGERE, BENGALURU-560 058 SINCE MINOR REPRESENTED BY HER FATHER AND NATURAL GUARDIAN, SRI. GIRIRAJU C, AGED ABOUT 38 YEARS, S/O CHALUVAIAH, R/AT NO.675, 3RD CROSS, F.F.LAYOUT, LAGGERE, BENGALURU-560 058. 3. THE MANAGER, HDFC ERGO GEN.INSURANCE CO.LTD., NO.25/1, 2ND FLOOR, BUILDING NO.2, SHANKARNARAYANA BUILDING NO.1, M.G.ROAD, BENGALURU-560 001. ...RESPONDENTS (BY SRI. O.MAHESH, ADVOCATE FOR R3, R1 & R2 SERVED) THIS MFA IS FILED U/S 173(1) OF MC ACT AGAINST THE JUDGMENT AND AWARD DATED 05.05.2017 PASSED IN MVC NO.1494/2016 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE COURT OF SMALL CAUSES MACT BANGALORE (SCCH-18), AWARDING COMPENSATION OF RS.10,79,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 4 - HC-KAR NC: 2025:KHC:35627 MFA No. 2281 of 2018 C/W MFA No. 2282 of 2018 ORAL JUDGMENT These appeals are preferred by the owner of the offending lorry bearing registration No.KA-05-AC-1949. He has not contested the case before the tribunal. As such, he had not filed the documents stated in I.A. No.3/2018, at that time, the said I.A. was allowed and the documents are received with the condition that he is liable to pay the interest from the date when he was set ex-parte i.e, 21.04.2025 till i.e., 08.09.2025 and the insurance company is not liable to pay interest for the said period. 2. In view of the above, these appeals are allowed and the matters are remanded to the tribunal with a specific direction to give opportunity to both sides for adducing evidence and for advancing arguments. The Tribunal shall dispose of the matter within four months from the date of this order. 3. Registry is directed to send the record within two weeks from today. ** The amount in deposit to be refunded to the appellant. **Inserted as per Court order dated 25.09.2025. - 5 - HC-KAR NC: 2025:KHC:35627 MFA No. 2281 of 2018 C/W MFA No. 2282 of 2018 4. Both the parties are directed to appear before the tribunal on 09.10.*2025. Sd/- (P SREE SUDHA) JUDGE CS List No.: 1 Sl No.: 72 *Corrected as per vide Chamber order dated 18.09.2025.