- 1 - HC-KAR CNR: KAHC010004032021 NC: 2026:KHC:36351 MFA No. 437 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 437 OF 2021 (MV-I) BETWEEN: THE BRANCH MANAGER, CHOLAMANDALAM MS GIC LTD., NO.135/5, 2ND FLOOR, 15TH CROSS, JP NAGAR, 3RD PHASE, BENGALURU-78 NOW REP BY ITS THE MANAGER, CHOLAMANDALAM MS GIC LTD., NO.4, 9TH FLOOR, LIVING 6, GOLDEN HEIGHTS, 59TH C CROSS, 4TH M BLOCK, RAJAJINAGAR INDUSTRIAL ESTATE, NEAR SUJATHA TALKIES, BANGALORE-560 010 …APPELLANT (BY SRI. PRADEEP B, ADVOCATE) AND: 1. SHANKAR @ SHANKARANANDA H S/O HANUMANTHARAYA, NOW AGED ABOUT 22 YEARS, R/A CHALLAKERE TALUK, DODDACHELLUR, CHITRADURGA -577 538 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010004032021 NC: 2026:KHC:36351 MFA No. 437 of 2021 2. Y DODDAIAH S/O YANJERAPPA, NO.192, SANIKERE, CHALLAKERE TALUK, CHITRADURGA-577 522 …RESPONDENTS (BY SRI. VASANTHAPPA, ADVOCATE FOR R1, NOTICE TO R2 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.02.2020 PASSED IN MVC NO.5881/2017 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-14, AWARDING COMPENSATION OF RS.3,03,500/- WITH INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The Insurance Company has preferred this appeal challenging the judgment and award passed in MVC No.5881/2017 dated 15.02.2020 by the Member, MACT, XVI Addl. Judge, Court of Small Causes, Bangalore, (for short 'the Tribunal'), whereby the Tribunal partly allowed the claim petition filed by the claimant and awarded compensation of Rs.3,03,500/- with interest at the rate of 7% per annum. - 3 - HC-KAR CNR: KAHC010004032021 NC: 2026:KHC:36351 MFA No. 437 of 2021 2. The brief facts of the case are, on 07.04.2017 at about 03:15 a.m., the claimant was proceeding in Ashok Leyland Lorry bearing registration No.KA-16/C-5880 at Magadi Main Road. The driver of lorry rode the same in a rash and negligent manner and suddenly applied break, due to which, the lorry toppled, as a consequent, the claimant sustained injuries. Accordingly, a claim petition was filed by the claimant, which was partly allowed by the Tribunal as stated supra. Being aggrieved by the judgment and award passed by the Tribunal, the Insurance Company is in appeal. However, the claimant also challenged the said judgment and award in MFA No.5734/2021. 3. Inadvertently, learned counsel for the Insurance Company and learned counsel for the claimant have failed to inform about the claimant's appeal. As such, this Court disposed of the appeal filed by the claimant vide judgment dated 31.07.2025 by partly allowing the appeal. 4. The contention of the learned counsel for the Insurance Company is that the Tribunal has grossly erred while - 4 - HC-KAR CNR: KAHC010004032021 NC: 2026:KHC:36351 MFA No. 437 of 2021 passing the impugned judgment and award, though the claimant was travelling in a goods vehicle as unauthorized passenger. As such, he is not entitled for any compensation. However, on perusal of the judgment in MFA No.5734/2021, the Co-ordinate Bench of this Court has dealt with the said aspect and rejected the said contention of the Insurance Company and partly allowed the claim petition. In view of the same, this appeal does not survive for further consideration and the same is dismissed. The amount in deposit shall be transmitted to the Tribunal. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 27