- 1 - HC-KAR CNR: KAHC010318462025 NC: 2026:KHC:53574 MFA No. 3482 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3482 OF 2025 (MV-D) BETWEEN: 1. CHOLAMANDALAM, M/S. GENERAL INSURANCE COMPANY LTD., NO.186, BESIDE SBI BANK, RATHNAGIRI ROAD, CHIKMAGALURU - 577 101. REP. BY ITS MANAGER LEGAL. CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., UNIT NO.04, 9TH FLOOR, LEVEL-06, GOLDEN HEIGHTS COMPLEX, 59TH 'C' CROSS ROAD, 4TH M BLOCK, INDUSTRIAL SUBRUB, RAJAJINAGARA, BANGALORE-560 010. (REMAINED EX PARTE) …APPELLANT (BY SRI. D VIJAYA KUMAR., ADVOCATE) AND: 1. SMT. HASEENA BANU, W/O. MOHAMMED KALEEM ULLA, AGED ABOUT 36 YEARS, R/AT. WARD NO.11, J.M. ROAD, Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010318462025 NC: 2026:KHC:53574 MFA No. 3482 of 2025 MUDIGERE TALUK, CHIKMAGALURU DISTRICT - 577 550. 2. SMT. YASMEEN, W/O. SAMEER AHAMMED, AGED ABOUT 35 YEARS, R/AT. WARD NO.17, PENSION MOHALLA, CHIKMAGALURU DISTRICT - 577 101. NOW R/AT. J.M.ROAD, MUDIGERE TOWN - 577 132. 3. SRI. MOHAMMED MUSTHAFA, S/O. MOHAMMED SHARIF, AGED ABOUT 56 YEARS, MESON, R/AT. LOKAVALLI, GANGANAMAKKI, MUDIGERE TOWN AND POST, OWNER CUM DRIVER OF VEHICLE BEARING NO.KA-18-EH-0752 TVS JUPITER SCOTY. …RESPONDENTS (BY SRI. RAVI KUMAR N.R., ADVOCATE FOR R1 AND R2; R3 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.12.2024 PASSED IN MVC NO. 266/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MUDIGERE, AWARDING COMPENSATION OF RS.14,63,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DEPOSIT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010318462025 NC: 2026:KHC:53574 MFA No. 3482 of 2025 CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is preferred by the Insurer challenging the Judgment and Award dated 04.12.2024 passed in MVC No.266/2023 by the Senior Civil Judge and JMFC, Mudigere. 2. Heard the learned counsel for the appellant and the learned counsel for respondent nos.1 and 2. 3. Learned counsel for the appellant submits that the appellant herein was respondent No.2 before the Tribunal and was placed ex parte. Since respondent No.2 was placed ex parte before the Tribunal, it could not contest the matter and therefore prays that the matter may be remanded to the Tribunal to afford an opportunity to the appellant/insurer to contest the matter. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010318462025 NC: 2026:KHC:53574 MFA No. 3482 of 2025 4. Learned counsel for respondent Nos.1 and 2 submits that he has no objection for remand of the matter to the Tribunal. 5. The Court has perused the impugned judgment, award and records of the trial court. 6. Learned counsel for respondent Nos.1 and 2 would contend that there is insurance policy as on the date of the accident and that the driver of the offending vehicle was holding driving licence. 7. The appellant was respondent no.2 before the Tribunal. The appellant was placed ex parte before the Tribunal and it could not contest the claim petition before the Tribunal. Therefore, the matter requires to be remanded to the Tribunal. 8. In view of the above, the following: ORDER i. The appeal is allowed; Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010318462025 NC: 2026:KHC:53574 MFA No. 3482 of 2025 ii. The impugned Judgment and Award dated 04.12.2024 passed in MVC No.266/2023 by the Senior Civil Judge and JMFC, Mudigere is set aside; iii. The matter is remanded back to the Tribunal for affording an opportunity to the appellant (respondent No.2 before the Tribunal) to contest the claim petition by filing statement of objections and leading evidence including cross-examination of claimants witnesses; iv. The parties are directed to appear before the Tribunal without awaiting any Court notice on 28.10.2026; v. Registry is directed to send back the records to the Tribunal forthwith along with a copy of the Judgment; vi. The appellant/insurer shall file statement of objections on the date of appearance i.e. 28.10.2026; vii. The Tribunal shall endeavour to dispose of the claim petition within a period of three months from 28.10.2026; viii. The amount in deposit is ordered to be transmitted to the Tribunal; Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010318462025 NC: 2026:KHC:53574 MFA No. 3482 of 2025 ix. The Tribunal shall keep the said amount in Fixed Deposit in any Nationalized/Scheduled Bank for a period of one year with auto renewal instructions. (SHIVASHANKAR AMARANNAVAR) JUDGE hkh./VS List No.: 1 Sl No.: 37 Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA