- 1 - HC-KAR NC: 2025:KHC:28125 MFA No. 895 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 895 OF 2018 (MV-D) BETWEEN: SMT. NARASAMMA SINCE DEAD BY HER LEGAL REPRESENTATIVES SRI.GANGADHARAPPA, S/O. LATE NARASIMHAPPA, AGED ABOUT 39 YEARS, R/AT. BOMMASANDRA VILLAGE, POLANAYAKANAPALLI POST, BAGEPALLI TQ, CHICKBALLAPUR DISTRICT. …APPELLANT (BY SMT. SUGUNA R REDDY., ADVOCATE) AND: 1. SRI. ADINARAYANAPPA S/O. LAKSHMANNA, MAJOR IN AGE, R/AT NO.215, E, THIMMASANDRA VILLAGE, SIDLGHATTA TALUK, CHICKBALLAPUR DISTRICT. 2. THE BRANCH MANAGER M/S. BHARATHI AXA GENERAL INSURANCE COMPANY LIMITED, 1ST FLOOR, FERNSLOON, SY.NO.28, DODDANAKKUNDI VILLAGE, K.R.PURAM HOBLI, BANGALORE-560 037. …RESPONDENTS (BY SRI. P.S.JAGADISH, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE ORDER DATED 04.11.2016, PASSED IN MVC NO.196/2014, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE & JMFC, BHARATHI H M Digitally signed by BHARATHI H M Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC:28125 MFA No. 895 of 2018 CHICKBALLAPUR, WHEREBY THE APPLICATION FILED UNDER ORDER 22 RULE 3 OF CPC WAS DISMISSED AS NOT MAINTAINABLE AND THE CLAIM PETITION WAS ABATED. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The present appeal is filed by the claimant under Section 173(1) of Motor Vehicles Act, 19881, calling in question the order dated 04.11.2016 passed in I.A.No.1 in MVC No.196/2014 by the Additional Senior Civil Judge & JMFC, Chickballapur2. 2. Heard submission of learned counsel Smt. Suguna R. Reddy for appellant/claimant and learned counsel Sri. P.S.Jagadish, for respondent No.2/insurer. The respondent No.1 is served and unrepresented. 3. For the sake of convenience, the parties will be referred to as per their rankings before the Tribunal. 1 hereinafter referred to as 'MV Act' for short 2 hereinafter referred to as 'Tribunal' for short - 3 - HC-KAR NC: 2025:KHC:28125 MFA No. 895 of 2018 4. The relevant facts in a nutshell are that the one Smt. Narasamma instituted a claim proceedings claiming compensation for the injuries sustained by her in a road traffic accident which occurred on 23.01.2014. During the pendency of the claim proceedings, the claimant having died, her husband one Sri. Gangadharappa filed I.A.No.1 in the claim petition under Order 22 Rule 3 read with Section 151 of Code of Civil Procedure3 to come on record and prosecute the claim petition as the legal representative of the deceased claimant. The Tribunal by its order dated 04.11.2016 dismissed I.A.No.1 as not maintainable as also dismissed the claim petition as having abated. Being aggrieved by the said order, the appellant has filed the above appeal. 5. Along with the appeal, I.A.No.2/2018 is filed under Section 151 of CPC to permit the appellant to prosecute the above appeal. It is deposed in the affidavit filed in support of the application that I.A.No.1 in the claim petition having been rejected, the husband of the deceased claimant has preferred the above appeal and also I.A.No.2/2018. In view of the averments made in the affidavit accompanying the application, 3 hereinafter referred to as 'CPC' for short - 4 - HC-KAR NC: 2025:KHC:28125 MFA No. 895 of 2018 I.A.No.2/2018 is allowed and the appellant is permitted to prosecute the appeal. 6. It is forthcoming that the Tribunal while considering I.A.No.1 filed in the claim proceedings, noticing the ratio of this Court in the case of Kannamma Vs. Deputy General Manager, KSRTC4 has dismissed the claim petition. 7. In the case of Oriental Insurance Company Limited Vs. Kahlon alias Jasmail Singh Kahlon (deceased) Through His Legal representative Narinder Kahlon Gosakan and Anr.5 relied upon by the learned counsel for the appellant, the Hon'ble Supreme Court has specifically overruled the ratio as held by this Court in the case of Kannamma4 and held that the legal representative of the deceased claimant is entitled to prosecute the claim petition. 8. In view of the settled proposition of law as held by the Hon'ble Supreme Court in case of Kahlon5, the order of Tribunal dismissing I.A.No.1 is required to be set aside and I.A.No.1 filed in the claim proceedings is required to be allowed 4 1991 ACJ 707 5 AIR 2021 SC 3913 - 5 - HC-KAR NC: 2025:KHC:28125 MFA No. 895 of 2018 to enable the Tribunal to adjudicate the claim petition on its merits. 9. Hence, the following: ORDER (i) The above appeal is allowed. (ii) The order dated 04.11.2016 dismissing I.A.No.1 in MVC No.196/2014 by the Additional Senior Civil Judge and JMFC, Chickbalapur is set aside. (iii) I.A.No.1 filed under Order 22 Rule 3 read with Section 151 of CPC in MVC No.196/2014 on the file of Additional Senior Civil Judge and JMFC, Chickbalapur is allowed. The applicant in I.A.No.1 is permitted to prosecute MVC No.196/2014. (iv) The matter is remanded to the Tribunal for the purpose of adjudication of the claim petition on its merits. (v) The claimant and the insurer shall appear before the Tribunal on 01/09/2025 without requirement of any further notice being issued in this regard. - 6 - HC-KAR NC: 2025:KHC:28125 MFA No. 895 of 2018 (vi) Consequent to appearance of the parties, the Tribunal shall conduct further proceedings in accordance with law. (vii) All contentions of the parties on merits of the matter are kept open. Sd/- (C.M. POONACHA) JUDGE HJ List No.: 1 Sl No.: 20