- 1 - HC-KAR NC: 2025:KHC:32031 MFA No. 1679 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1679/2019 (MV-I) BETWEEN: PANDU S/O GOVINDA, AGED ABOUT 51 YEARS, R/O TAMIL COLONY, MARKET ROAD, CHIKKAMAGLAURU-577 126, (OWNER OF LORRY BEARING REG NO.KA-18/AA/7868) …APPELLANT (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. KUM. VEENA D/O RAJESH, AGED ABOUT 21 YEARS, STUDENT, R/O GUNDUKALL COLONY, KATRUMANE VILLAGE, VASTHARE HOBLI, CHIKKAMAGALURU TALUK-577 126. 2. ASLAM S/O ANVAR PASHA, AGED ABOUT 48 YEARS, R/O TIPPUNAGAR, CHIKKAMAGALURU-577 126, (DRIVER OF LORRY BEARING REG NO.KA-18/AA/7868) 3. CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., DARE HOSUE, 2ND FLOOR, N.S.C. BOSE ROAD, CHENNAI-6000 0001. Digitally signed by MADHURI S Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32031 MFA No. 1679 of 2019 4. CHANDRASHEKAR C/O MALLESH, S/O BYRAIAH, AGED ABOUT 26 YEARS, R/O GUNDUKALL COLONY KATRUMANE VILLAGE, VASTHARE HOBLI, CHIKKAMAGALURU TALUK-577 126, (RIDER OF HERO HONDA MOTORCYCLE BEG. REG. NO.KA-18/K-3239) 5. MALLESH S/O BYRAIAH, AGED ABOUT 48 YEARS, R/O GUNDUKALL COLONY, KATRUMANE VILLAGE, VASTHARE HOBLI, CHIKKAMAGALURU TALUK-577 126, (OWNER OF HERO HONDA MOTORCYCLE BEG. REG. NO.KA-18/K-3239) 6. THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., NAG NIRMALA COMPLEX, OPP. RANGANNA CHOULTRY, BASAVNAHALLI MAIN ROAD, CHIKKAMAGALURU-577 126. …RESPONDENTS (BY SRI. JAGADEESH H T., ADVOCATE FOR R1, SRI. C.R. RAVISHANKAR, ADVOCATE FOR R6, SRI. B. PRADEEP, ADVOCATE FOR R3, R2, R4 AND R5 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.02.2018 PASSED IN MVC NO.525/2016 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE, AMACT, CHIKKAMAGALURU, AWARDING COMPENSATION OF RS.1,73,898/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS ENTIRE REALIZATION. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2025:KHC:32031 MFA No. 1679 of 2019 ORAL JUDGMENT This appeal is filed by the appellant/owner of the vehicle, under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 28.02.2018 passed in MVC No.525/2016 passed by the I Additional Senior Civil Judge, AMACT, Chikkamagaluru, to fix the liability and modify the award and compensation and direct Insurance Company to pay the amount. 2. Learned counsel for respondent/Insurance opposed the same and submits that the appellant never appeared before the tribunal and was set ex-parte before MACT on 22.04.2016. However, appellant filed this appeal before this court on 21.02.2019 and came up with this application on 10.09.2024. Hence, as the appellant filed the application with delay, he shall be liable to pay interest for the period from 22.04.2016 to 10.09.2024. 3. Therefore, the matter is remanded to tribunal granting permission to the appellant to lead evidence for - 4 - HC-KAR NC: 2025:KHC:32031 MFA No. 1679 of 2019 receiving of the documents and opportunity to be given to both sides for adducing evidence and for arguments. Accordingly, this appeal is allowed. The tribunal is directed to dispose of the matter within 4 months after receipt of the record. Registry is directed to send the record within10 days from the date of this order. Parties are directed to appear before the tribunal on 09.09.2025. In view of disposal of this appeal, all pending interlocutory applications does not survive for consideration. Hence, all pending interlocutory applications are disposed of. SD/- (P SREE SUDHA) JUDGE AKV List No.: 1 Sl No.: 17