- 1 - HC-KAR NC: 2025:KHC:28470-DB MFA No. 5365 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE B M SHYAM PRASAD MISCELLANEOUS FIRST APPEAL NO. 5365 OF 2025 (MV-D) BETWEEN: SRI SIDDESHWARA POULTRY BREEDRES, ABBENAHALLI VILLAGE, MALUR TALUK, KOLAR DISTRICT-563130. REP. BY ITS PROPRIETOR, SRI. MANJUNATHA A.N. …APPELLANT (BY SRI. VIJAYA KUMAR D.,ADVOCATE) AND: 1. SMT PRIYA SELVI W/O. LATE VENKATESH, AGED ABOUT 32 YEARS, 2. KUM. HARSHITHA V. S/O. LATE VENKATESH, AGED ABOUT 12 YEARS, 3. KUM. SUSMITHA V. S/O. LATE VENKATESH, AGED ABOUT 10 YEARS, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28470-DB MFA No. 5365 of 2025 4. MASTER VETRISELVAM V. S/O. LATE VENKATESH, AGED ABOUT 8 YEARS, ALL ARE RESIDING AT NO.29, 3RD CROSS, JYOTHI NAGAR, VIRGONAGAR POST, BENGALURU NORTH, BENGALURU-560 049. SINCE RESPONDENT NO.2 TO 4 ARE MINOR, REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN, SMT. PRIYA SELVI, THE RESPONDENT NO.1. 5. THE MANAGER, GO DIGIT GEN. INS. CO. LTD., CONSULATE 1, 2ND FLOOR, RICHMOND ROAD, NEAR RICHMOND CIRCLE, SHANTHALA NAGAR, ASHOK NAGAR, BENGALURU-560 025. 6. SRI. RAMESH B.M. S/O. MUNIYAPPA, AGED ABOUT 53 YEARS, R/AT. NO.67, HENNUR MAIN ROAD, DR. SHIVARAMKARANTH NAGAR, BAYARATHI, BENGALURU-560077. …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.04.2024 PASSED IN MVC NO. 966/2023 ON THE FILE OF THE XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACMM, BENGALURU SCCH-17, AWARDING COMPENSATION OF RS.31,32,200/- WITH - 3 - HC-KAR NC: 2025:KHC:28470-DB MFA No. 5365 of 2025 INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) This appeal is as against the judgment and award in the claim petition in MVC No.966/2023 on the file of the XIX Additional Judge, Court of Small Causes and ACMM, Bengaluru. The Tribunal has called upon the owner of the vehicle involved in a road accident to pay compensation to the widow and the minor children of the deceased, Sri Venkatesh, who has breathed his last in the accident. The appellant contends that he could not contest the claim petition because he was not served, - 4 - HC-KAR NC: 2025:KHC:28470-DB MFA No. 5365 of 2025 but the impugned judgment reads that he was served and has not participated in the proceedings. When heard in the light of the afore, Sri D.Vijaya Kumar submits that the appellant may be permitted to withdraw the appeal with liberty to avail remedy under Order IX of Code of Civil Procedure, 1908 to show that there was no due notice. The request is accepted, and the appeal stands disposed of reserving liberty as requested but subject to all just exceptions in law. The amount in deposit is directed to be returned to the appellant. SD/- (D K SINGH) JUDGE SD/- (B M SHYAM PRASAD) JUDGE nv