- 1 - HC-KAR NC: 2025:KHC:54632-DB MFA No. 6863 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.6863 OF 2018 (MV-I) BETWEEN: SRI. VIJAYKUMAR S/O LATE SIDDARAMANNA AGED ABOUT 51 YEARS, RESIDING AT NO.869, 14TH CROSS NEAR EAST WEST SCHOOL, MAHALAXMIPURAM BANGALORE-560086 SINCE DEAD BY LRS 1(A) KAMALAMMA K.S W/O VIJAYKUMAR, AGED 46 YEARS, 1(B) SHARATH R.V. S/O VIJAYKUMAR, AGED 26 YEARS, 1(C) RAKESH R.V. S/O VIJAYKUMAR, AGED 24 YEARS, - 2 - HC-KAR NC: 2025:KHC:54632-DB MFA No. 6863 of 2018 ALL ARE RESIDING AT RATHNASANDRA AT POST, KALLAMBELLA HOBLI, SIRA TALUK TUMAKURU - 572 137. …APPELLANTS (BY SRI. RAVISHANKAR, ADVOCATE) AND: 1. SRI.P.SHIVA PRASAD REDDY S/O LATE RAMI REDDY AGED ABOUT 51 YEARS, RESIDING AT SADGURU NILAYA I MAIN ADARSHANAGARA TUMKAURU- 572 101 2. THE MANAGER IFFCO-TOKIO GENERAL INSURANCE CO LTD., OFFICE AT MBAV MANSION 1ST FLOOR 3RD CROSS, M G ROAD, ABOVE UCO BANK GENERAL KARAYAPPA TUMAKURU- 572 101 …RESPONDENTS (BY SRI. B.S. NATARAJA, ADVOCATE FOR R1; SRI. MURALIDHAR NEGAVAR, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.05.2018 PASSED IN MVC NO.178/2017 ON THE FILE OF THE XXI ACMM XXIII ASCJ, BENGALURU, SCCH-25, DISMISSING THE PETITION FOR COMPENSATION. - 3 - HC-KAR NC: 2025:KHC:54632-DB MFA No. 6863 of 2018 THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal has been instituted by the claimant against the judgment and award dated 08.05.2018 passed by Motor Accident Claims Tribunal Court of Small Causes, at Bengaluru in MVC No.178/2017. 2. The claimant-appellant and another person were walking on the side of the road. When they reached in front of Jagannatha's house situated at Yaragunte Village, Kasaba Hobli, Sira Taluk, Tumkur district, they were allegedly hit by Mahindra Bolero Vehicle bearing registration No.KA-06-M- 5630. Both the pedestrian suffered injuries. 3. Two claim petitions came to be filed one before the Motor Accident Claims Tribunal, at Bengaluru in MVC No.178/2017 and another before the Court of Senior Civil Judge and MACT, at Sira. The claim petition filed by one - 4 - HC-KAR NC: 2025:KHC:54632-DB MFA No. 6863 of 2018 Jayarangappa before the Court of Senior Civil Judge and MACT, at Sira was allowed by judgment and award dated 17.01.2019 in MVC No.260/2017. Where as the claim petition filed by the present appellant came to be dismissed. 4. Against the judgment and award dated 17.1.2025 in MVC.260/2017 passed by the Court of Senior Civil Judge and MACT, at Sira, this Court has enhanced the compensation in MFA No.7040/2019 vide judgment dated 19/12/2025. 5. We are of the view that as the factum of the accident by Mahindra Bolero bearing registration No. No.KA-06- M-5630 has been affirmed in MVC.260/2017 by the Additional MACT, at Sira, and this Court has not reversed findings, it would be appropriate to set aside the judgment and award dated award dated 08.05.2018 passed by Motor Accident Claims Tribunal Court of Small Causes, at Bengaluru in MVC No.178/2017 as it requires re-consideration. 6. Therefore, we allow this appeal by setting aside the impugned judgment and award dated 08.05.2018 passed by Motor Accident Claims Tribunal Court of Small Causes, at - 5 - HC-KAR NC: 2025:KHC:54632-DB MFA No. 6863 of 2018 Bengaluru in MVC No.178/2017 and remit the matter to the file of Motor Accident Claims Tribunal Court of Small Causes, at Bengaluru to decide the same in accordance with law. 7. The Trial Court records to be returned to the Tribunal. 8. In view of the disposal of the main appeal, pending I.As. do not survive for consideration and stand disposed of. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE HR List No.: 1 Sl No.: 11 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA