- 1 - HC-KAR NC: 2025:KHC:28693 MFA No. 3062 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3062/2019 (MV-I) BETWEEN: SHIVA KUMAR SWAMY, S/O LAE SANNAPPA, AGED ABOUT 32 YEARS, R/O H NO.22, ERAPPANA KOPPALU, YELAVALA POST, MYSURU TQ & DISTRICT-570 041. …APPELLANT (BY SRI. SREENIVASAN M Y., ADVOCATE) AND: 1. ANUP KRISHNA JORAPUR, S/O KRISHNA JORAPUR, MAJOR, R/AT NO.2457, CHANDRA ROOPA NILAYA, 11TH A MAIN, J BLOCK, KANAKADAS NAGAR, DHATTAGALLI, MYSURU -570 021. 2. KRISHNA V JORAPUR, S/O LATE VENKATESH, NO.338, HOSALINGAPURA VILLAGE, MUNIRABAD RAILWAY STATION, KOPPALA TALUK & DISTRICT-583 234. …RESPONDENTS (BY SRI. R. RAVI, ADVOCATE FOR R1 & R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.12.2018 PASSED IN MVC NO.81/2015 ON THE FILE OF THE JUDGE, ADDITIONAL SMALL CAUES, SENIOR CIVIL JUDGE, MACT, MYSURU, DISMISSING THE CLAIM PETITION FOR COMPENSATION. Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28693 MFA No. 3062 of 2019 THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel for the appellant submitted that in the judgment dated 14.12.2018 passed by the Presiding Officer, Motor Accidents Claims Tribunal, Mysuru, in MVC No.81/2015, it was observed by the Tribunal that the petitioner failed to cross examine respondent No.1 (R.W.1) and hence, both petitioner and respondent No.1 contributed equally for the accident. With the said observation, the petition was dismissed. 2. In view of the above submission and as it is a beneficial legislation, the M.V. case is to be decided on merits by giving an opportunity to both sides. Therefore, this Court finds just and reasonable ground to remand the matter to the Tribunal. 3. Accordingly, I pass the following: ORDER (i) The appeal is allowed. - 3 - HC-KAR NC: 2025:KHC:28693 MFA No. 3062 of 2019 (ii) The matter is remanded to the Tribunal with a specific direction to provide opportunity to the petitioner to cross examine R.W.1 and to decide the matter afresh by considering the entire records and arguments of both sides, within three months from the date of receipt of copy of this order. (iii) Registry is directed to send the records immediately to the Tribunal. Sd/- (P SREE SUDHA) JUDGE CS List No.: 1 Sl No.: 57