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2026 DAILYLAW 32708 (KAR)

SRI VENU v. MASTER SYED SULTAN

MFA.CROB/156/2017 · 2026-07-30

P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010342652014 NC: 2026:KHC:39835 MFA No. 6143 of 2014 C/W MFA.CROB No. 156 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6143 OF 2014 (MV-I) C/W MFA CROSS OBJECTION NO. 156 OF 2017 (MV-I) IN MFA No. 6143/2014 BETWEEN: MASTER SYED SULTAN S/O SYED SIRAJ, AGED ABOUT 15 YEARS, R/AT NO.537, 7TH CORSS, BDA COMPLEX 22ND BLOCK, AUSTIN TOWN, BANGALORE. (THE APPELLANT BEING A MINOR, REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN SRI. SYED SIRAJ, S/O KHADAR PASHA) …APPELLANT (BY SMT. KALPANA P.V, ADVOCATE) AND: 1. THE MANAGER THE RELIANCE GENERAL INSURANCE CO. LTD., NO.105, 5TH FLOOR, CONTENARY BUILDING, M.G.ROAD, BANGALORE - 01. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010342652014 NC: 2026:KHC:39835 MFA No. 6143 of 2014 C/W MFA.CROB No. 156 of 2017 2. SRI. VENU, MAJOR, VINAY CHARTED ACCOUNTANTS, NO.161, 4TH MAIN, 7TH CORSS, CHAMARAJAPET, BANGALORE - 56. …RESPONDENTS (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R1; SRI. MURTHY K, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.01.2014 PASSED IN MVC NO.233/2012 ON THE FILE OF THE XIX ADDITIONAL SCJ & MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA.CROB NO. 156/2017 BETWEEN: SRI. VENU VINAY CHARTERED ACCOUNTANTS, AGED ABOUT 38 YEARS NO.161, 4TH LMAIN, 7TH CROSS, CHAMARAJAPET, BANGALORE - 560 018. ...CROSS OBJECTOR (BY SRI. MURTHY K, ADVOCATE) AND: 1. MASTER SYED SULTAN S/O SYED SIRAJ, AGED ABOUT 17 YEARS R/AT NO.537, 7TH CROSS, BDA COMPLEX, 22ND BLOCK, AUSTIN TOWN, BANGALORE. THE RESPONDENT NO.1 BEING MINOR REP. BY HIS FATHER AND - 3 - HC-KAR CNR: KAHC010342652014 NC: 2026:KHC:39835 MFA No. 6143 of 2014 C/W MFA.CROB No. 156 of 2017 NATURAL GUARDIAN, SRI. SYED SIRAJ, S/O KHADAR PASHA. 2. THE RELIANCE GENERAL INSURANCE CO. LTD., NO.105, 5TH FLOOR, CONTENARY BUILDING, M.G. ROAD, BANGALORE - 560001. ...RESPONDENTS (BY SMT. KALPANA P.V, ADVOCATE FOR R1; VIDE ORDER DATED 19.07.2025, APPEAL AGAINST R2 IS DISMISSED) THIS MFA.CROB IN MFA 6143/2014 PASSED U/O.41 RULE 22 OF THE CPC, AGAINST THE JUDGMENT AND AWARD DT.27.01.2014 PASSED ON MVC NO.233/2012 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSE JUDGE, MACT, BENGALURU (SCCH-17), AWARDING COMPENSATION OF RS.43,252/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. THIS MFA AND MFA.CROB, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Both MFA.No.6143/2014 and MFA.crob.No.156/2017 are filed challenging the judgment and award dated 27.01.2014 passed in MVC.No.233/2014 on the file of the learned Motor - 4 - HC-KAR CNR: KAHC010342652014 NC: 2026:KHC:39835 MFA No. 6143 of 2014 C/W MFA.CROB No. 156 of 2017 Accident Claims Tribunal, Bengaluru (SCCH-17). MFA.No.6143/2014 is filed by the injured/claimant seeking for enhancement of compensation. MFA.Crob.No.156/2017 is filed by the owner of the offending vehicle. 2. It is a case of injury, where the claim petition is dismissed against the insurance company. Now both the counsel are requesting the matter to be remanded to the Trial Court with a request to adduce proper evidence and to implead the necessary parties. 3. It is further stated that the owner of the vehicle has already sold the vehicle and it was also registered in the name of the subsequent purchaser. Therefore, this Court finds that it is just and reasonable to remand the matter with a specific direction to dispose of the matter on merits. Accordingly, I pass the following: ORDER i) MFA.No.6143/2014 is allowed and remanded; ii) The Tribunal is specifically directed to give reasonable opportunity to both sides for adducing evidence and arguments and to dispose - 5 - HC-KAR CNR: KAHC010342652014 NC: 2026:KHC:39835 MFA No. 6143 of 2014 C/W MFA.CROB No. 156 of 2017 of the matter on merits by duly considering the entire evidence on record within 2 months from the date of the order as it is a matter of 2014; iii) Both the counsels are directed to co-operate with the Tribunal for disposal of the case within the stipulated time; iv) Registry is directed to send back the entire records to the Trial Court within 10 days; v) Both the parties are directed to appear before the Tribunal on 10.08.2026; vi) All contentions of the parties are kept open. In view of disposal and remand of the main appeal, MFA.Crob.No.156/2017 stands disposed of. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 30