- 1 - HC-KAR NC: 2026:KHC:22769 MFA No. 2094 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MFA NO. 2094 OF 2015 (MV-D) BETWEEN: 1. SMT. RADHA, W/O ASHOK, AGED ABOUT 29 YEARS, 2. BINDU D/O LATE ASHOKA, AGED ABOUT 11 YEARS, 3. NISCHAY D/O LATE ASHOKA, AGED ABOUT 9 YEARS, PETITIONER NO.2 AND 3 ARE MINORS DULY REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER SMT. RADHA, ALL ARE RESIDING AT GKOWDAGERE VILLAGE, CHANNARAYAPATNA TALUK, PRESENTLY RESIDING AT C/O JAYARAM, S/O GUNDEGOWDA, HULUWALADA KOPPALU, KASABA HOBLI, HOLENARSIPUR TALUK 573 211. HASSAN DISTRICT. …APPELLANTS (BY SRI. CHETHAN B.,ADVOCATE) AND: 1. PUTTEGOWDA S/O PUTTEGOWDA, AGED ABOUT 72 YEARS, RESIDING AT SATHENAHALLI VILLAGE, CHANNARAYAPATNA TALUK – 571 501. HASSAN DISTRICT Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22769 MFA No. 2094 of 2015 2. THE MANAGER THE UNITED INDIA INSURANCE CO.LTD, VENKATESHWARA BUILDING, B.M ROAD, HASSAN 573 201. …RESPONDENTS (BY SRI.RAVISH BENNI.,ADVOCATE FOR R2; V.C.O DATED 19.06.2025 NOTICE TO R1 IS HELD SUFFICIENT) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.09.2013 PASSED IN MVC NO.1029/2011 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS COURT, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1029/2011 dated 10.09.2013 by the II Additional District & Sessions Court & Additional MACT, Hassan, the appellants/claimants are before this Court. 2. The claim petition was filed seeking compensation for the death of the deceased in the road traffic accident. It is the case of the claimants that on 11.04.2011 between 2.30 a.m. and 3.00 a.m., a Tractor and Trailer owned by respondent No.1 driven by its driver in high speed and in rash and negligent - 3 - HC-KAR NC: 2026:KHC:22769 MFA No. 2094 of 2015 manner dashed against the husband of claimant No.1 and father of claimant Nos.2 and 3. Because of this accident, the deceased sustained grievous injuries on his head and other parts of the body and died on the spot. 3. The Tribunal based on the report given by the Investigating Officer appointed by the Insurance Company had held that there is collusion between the owner of the vehicle and the claimants and held that the owner of the vehicle is liable to pay the compensation and exonerated the Insurance Company from paying the compensation. Aggrieved thereby, the claimants are before this Court. 4. Learned counsel appearing for the appellants/claimants submits that except discussing the judgments of the Apex Court, the Tribunal has not given any finding and only held that there is collusion between the owner of the vehicle and the claimants and such a finding needs to be set aside. 5. Learned counsel appearing for respondent No.2/ Insurance Company submits that the person who has done investigation on behalf of the Insurance Company has placed all the photographs and also the CD showing the conversation - 4 - HC-KAR NC: 2026:KHC:22769 MFA No. 2094 of 2015 which is recorded by him before the Tribunal and as per that, the owner of the vehicle has also accepted the fact that the vehicle is implicated and the Tribunal had rightly exonerated the Insurance Company. 6. Having heard the learned counsels on either side, perused the entire material on record. The Tribunal gives a finding that there is collusion between the owner of the vehicle and the claimants. Except giving a finding and relying on certain judgments, no reasons are forthcoming in the order. Learned counsel appearing for respondent No.2/Insurance Company has drawn the attention of this Court to the report of the Investigating Officer. The Tribunal has failed to discuss the contents of the report and the claimants have also not examined any witnesses in this regard. In view of the above, this Court is of the view that the order under challenge needs to be set aside and the matter has to be remanded back to the Tribunal giving opportunity to all the parties to prove their case. 7. Accordingly, the appeal is allowed and the award passed in MVC.No.1029/2011 dated 10.09.2013 by the II - 5 - HC-KAR NC: 2026:KHC:22769 MFA No. 2094 of 2015 Additional District & Sessions Court & Additional MACT, Hassan, is set aside and the matter is remanded back to the Tribunal. i. Without further notice, the parties shall appear before the Tribunal on 08.06.2026. ii. All contentions are left open. iii. The parties shall adduce evidence on all the aspects and the Tribunal shall dispose of the matter within six months from 08.06.2026. iv. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 13