- 1 - HC-KAR NC: 2026:KHC:29156 MFA No. 4478 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4478 OF 2016 (MV-I) BETWEEN: THE PROPRIETOR M/S PANACHE ENTERPRISE, NO.17/3, OLD MADRAS ROAD, INDIRANAGAR, BANGALORE-560 038, AND ALSO NEW ADDRESS: NO.1/A, 16TH MAIN, 100 FEET ROAD, INDIRANAGAR, BANGALORE-560 038. …APPELLANT (BY SRI. THRIMURTHY K P., ADVOCATE) AND: 1. M/S ORIENTAL INSURANCE CO LTD., MOTOR CLAIM HUB, NO.44/45, LEO COMPLEX, RESIDENCY ROAD, BANGALORE-560 001. 2. SRI. HARISH P H AGED ABOUT 33 YEARS, S/O HANUMANTHAPPA, R/O NEAR HANUMAN TEMPLE, PAKARAHALLI VILLAGE, HUDUKULA POST, BANGARLPET TALUK Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29156 MFA No. 4478 of 2016 KOLAR-563 114. …RESPONDENTS (BY SRI. A M VENKATESH., ADVOCATE FOR R1, SRI. PRAKASHA .H.C., ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 16.04.2016 PASSED IN MVC NO.2755/2015 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE, & XXIV ACMM, MEMBER, MACT, COURT OF SMALL CAUSES, MAYO HALL UNIT, BENGALURU, AWARDING COMPENSATION OF Rs.5,80,560/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/owner under Section 173(1) of Motor Vehicles Act, 1988 to set aside the judgment and award dated 16.04.2016 passed in MVC No.2755/2015 on the file of the V Addl. Judge, Court Of Small Causes, Mayo Hall Unit, Bengaluru. - 3 - HC-KAR NC: 2026:KHC:29156 MFA No. 4478 of 2016 2. Learned counsel for appellant contended that the appellant filed this appeal on the ground that notice issued to respondent No.2 is un-served as ‘Left’. But the tribunal treated it as a proper service and set ex-parte, as such he had no knowledge of the proceedings. Presently, he filed IA No.1/2018 for production of the additional documents mentioned herein and also intended to cross examine the witnesses. 3. Therefore, the matter is remanded to the Tribunal with a specific direction to the Tribunal to give reasonable opportunity to both sides for adducing evidence and for arguments and to dispose of the matter on merits by duly considering the entire evidence on record within 2 months from the date of this order, as it is a matter of 2016. Accordingly, this appeal is allowed and remanded. Both counsel are directed to cooperate with the court for disposal of the matter within the stipulated period. - 4 - HC-KAR NC: 2026:KHC:29156 MFA No. 4478 of 2016 Both the parties are directed to appear before the Tribunal on 06.07.2026. In the meanwhile, registry is directed to send the records Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 56