- 1 - HC-KAR NC: 2025:KHC:34534 MFA No. 2530 of 2024 C/W MFA No. 4032 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2530 OF 2024 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 4032 OF 2022 (MV-D) IN MFA No. 2530/2024 BETWEEN: SRI.B. SIDDESHI @ SIDDA S/O BYRAPPA AGED ABOUT 43 YEARS, GRAMAPANCHAYATHI MEMBER, RESIDENT OF HUNSEKATTE, KASABA HOBLI, HUNAVINODU POST - 577 527 HOSADURGA TALUK CHITRADURGA DISTRICT …APPELLANT (BY SRI. SIDDESWARA N K., ADVOCATE) AND: 1. SRI. SRINIVASA S/O RANGAIAH @ NARAYANAPPA AGED ABOUT 49 YEARS, 2. SMT HEMAVATHI W/O SRINIVASA AGED ABOUT 45 YEARS, HOUSEWIFE RESPONDENT NOS. 1 AND 2 ARE RESIDENTS OF ATTIGHATTA VILLAGE, HOSADURGA TALUK, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34534 MFA No. 2530 of 2024 C/W MFA No. 4032 of 2022 CHITRADURGA DISTRICT - 577527 3. SHANTHI AGENCIES CHITRADURGA SUZUKI MOTORS BHEEMASAMURDRA ROAD B V K S LAYOUT, CHITRADURGA CITY - 577502 REPRESENTED BY ITS PROPRIETOR (OWNER OF TVS STAR CITY MOTORCYCLE) CHASIS NO.MD62NF15C1F79701) 4. OWNER KALMAT MOTORS TARIKERE ROAD, HOSADURGA TOWN AND (T) - 577527 CHITRADRUGA DISTRICT REPT. BY ITS PROPRIETOR …RESPONDENTS (BY SRI. R SHASHIDHARA, ADV. FOR R1 AND R2; SRI. GANAPATI BHAT VAJRALLI, ADV. FOR R3; R4 - SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.04.03.2022 PASSED IN MVC NO.167/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AD MACT, HOSADURGA, AWARDING COMPENSATION OF RS.14,85,800/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 4032/2022 BETWEEN: 1. SRINIVASA S/O RANGAIAH @ NARAYANAPPA AGED 47 YEARS AGRICULTURIST 2. HEMAVATHI W/O SRINIVASA AGED 43 YEARS HOUSE WIFE BOTH ARE R/O ATTIGHATTA VILLAGE HOSADURGA TALUK - 577527 CHITRADURGA DIST ...APPELLANTS (BY SRI. R SHASHIDHARA.,ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:34534 MFA No. 2530 of 2024 C/W MFA No. 4032 of 2022 AND: 1. B SIDDESHI @ SIDDA S/O BYRAPPA AGE MAJOR GP MEMBER R/O HUNSEKATTE KASABA HOBLI HUNAVINODU POST HOSADURGA TALUK - 577 527 RIDER OF MOTOR CYLCE 2. SHANTHI AGENCIES CHITRADURGA SUZUKI MOTORS BHEEMASAMUDRA ROAD B.V.K.S. LAYOUT, CHITRADURGA OWNER OF TVS STAR CITY MOTOR CYCLE CHASSIS NO.MD625NF15C1F79701 BLACK GREEN AND WHITE PIN - 577 501 3. THE OWNER KALMAT MOTORS TARIKERE ROAD HOSADURGA CHITRADURGA DISTRICT - 577 527 ...RESPONDENTS (BY SRI. N K SIDDESWARA, ADV. FOR R1; V/O DATED 03.09.2025 NOTICE TO R2 AND R3 IS DISPENSED WITH) MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.03.2022 PASSED IN MVC NO. 167/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, HOSADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2025:KHC:34534 MFA No. 2530 of 2024 C/W MFA No. 4032 of 2022 ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.167/2017 dated 04.03.2022 by the Senior Civil Judge and M.A.C.T., at Hosadurga, whereby the Tribunal granted compensation of an amount of Rs.14,85,800/- the owner of the vehicle is before this Court by filing M.F.A.No.2530/2024 and the claimants are before this Court by filing M.F.A.No.4032/2022 seeking enhancement of the compensation. 2. Learned counsel appearing for the appellant/ respondent No.1 submits that he is not the owner of the vehicle at any point of time and without any basis, he has been impleaded as respondent No.1 and the Court has fastened the liability on the appellant. He submits that the police have filed the charge sheet against the deceased as the accident had taken place because of the rash and negligent driving of the deceased. When the deceased himself is responsible for the accident, the claimants cannot seek compensation. This particular aspect was not considered by the Court. It is submitted that if the matter is remanded, he would be able to adduce the evidence. - 5 - HC-KAR NC: 2025:KHC:34534 MFA No. 2530 of 2024 C/W MFA No. 4032 of 2022 3. Learned counsel appearing for the claimants submits that inspite of giving an opportunity to the appellant- respondent No.1, he has not contested the matter. It is submitted that nobody has raised the issue that the deceased himself was responsible for the accident. In that regard, no issue is framed and if this case is remanded to the Court, he would be able to contest the matter and if necessary, he would be converting this application into 163(A) M.V. Act, 1988. 4. Learned counsel appearing for respondent No.3 submits that he is the original owner and he had given it to the sub-dealer. He has no obligation to pay the compensation. The Tribunal had rightly fixed the liability on the appellant herein. 5. Having heard the learned counsels on either side, perused the material on record. 6. This Court has perused Ex.P5 - charge sheet, which is filed against the deceased. On this ground alone, the legal representatives of the deceased are not entitled for compensation. Learned counsel for the claimants submits that if the matter is remanded, they would be converting this into - 6 - HC-KAR NC: 2025:KHC:34534 MFA No. 2530 of 2024 C/W MFA No. 4032 of 2022 an application under 163(A) of MV Act. This Court, has perused the claim petition. As per the claim petition, the income of the deceased was shown as Rs.15,000/-. Even under 163(A) of MV Act also they cannot file an application. Under these circumstances, no useful purpose would be served in remanding the matter. Hence, as the claimants are not entitled for compensation as the negligence is on the deceased. 7. Accordingly, the appeal filed by the claimants i.e., M.F.A.No.4032/2022 is dismissed. The appeal filed by the owner i.e., M.F.A.No.2530/2024 is allowed and the award passed by the Tribunal in M.V.C.No.167/2017 dated 04.03.2022 is set aside. i. The amount in deposit, the appellant/respondent No.1 is at liberty to withdraw. ii. No costs. iii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SSB