- 1 - HC-KAR NC: 2026:KHC:2296 MFA No. 639 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.639 OF 2024(MV-D) BETWEEN: 1. SRI A M ESHWARA REDDY S/O AVALA REDDY, AGED ABOUT 42 YEARS, 2. MASTER E MANOJ S/O A M ESHWARA REDDY, AGED ABOUT 17 YEARS, (NAMELY WRONGLY MENTIONED AS MASTER E MANJOJ IN THE JUDGMENT) SINCE MINOR REPRESENTED BY HIS FATHER THE 1ST APPELLANT BOTH ARE RESIDING AT ASHRAYA BADAVANE, CHINTAMANI, CHIKKABALLAPURA DISTRICT. …APPELLANTS (BY SRI P B RAJU, ADVOCATE) AND: 1. SRI P GOPAL S/O RAMAPPA, AGED ABOUT 55 YEARS, NIMMAKAYALAHALLY VILLAGE, CHELUR HOBLI, BAGEPALLY TALUK, CHIKKABALLAPURA DISTRICT. 2. IFCO TOKIYO GENERAL INSURANCE CO. LTD., NO.141, 5TH FLOOR, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2296 MFA No. 639 of 2024 SRI SHANTHI TOWERS, 3RD MAIN, EAST OF N.G.E.F LAYOUT, KASTURINAGAR, BANGALORE – 560 042 …RESPONDENTS (BY SRI ADINARAYANAPPA, ADVOCATE FOR R1; SRI P.S.JAGADISH, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.10.2023 PASSED IN MVC NO.72/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHINTAMANI, DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of learned counsel for both the sides. 2. This appeal is filed by the appellants challenging order of dismissal dated 17.10.2023 passed in MVC No.72/2019, by the Senior Civil Judge and JMFC., Chintamani. 3. Injured/claimant one Sunandamma met with an accident on 26.06.2013 and died. Her husband and son filed claim petition claiming compensation of Rs.10,00,000/-. But the Tribunal considering the entire evidence on record, - 3 - HC-KAR NC: 2026:KHC:2296 MFA No. 639 of 2024 dismissed the petition on the ground that claimants failed to prove the negligence. 4. Against the said order appeal is preferred and the counsel of the appellant requested this Court to remind the matter for adducing additional evidence to prove the negligence. 5. In the result, the following order is passed: ORDER (i) The appeal is disposed of. (ii) The Tribunal is directed to grant reasonable opportunity to both sides for adducing evidence and for arguments and to dispose of the matter afresh by duly considering the entire evidence on record within three months from the date of this order. (iii) Registry is directed to send the records in ten days. (iv) Both the parties are directed to appear before the Tribunal on 03.02.2026. - 4 - HC-KAR NC: 2026:KHC:2296 MFA No. 639 of 2024 (v) Award was passed on 17.10.2023 and appeal was preferred on 24.01.2024. Therefore, the appellants are not entitled for interest from the date of award till today i.e., 14.01.2026. (vi) Matter is remanded accordingly. Sd/- (P SREE SUDHA) JUDGE MR