- 1 - HC-KAR NC: 2026:KHC:905 MFA No. 492 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 492 OF 2024 (MV-D) BETWEEN: THE MANAGER EDELWEISS GENERAL INSURANCE CO LTD., NO. 457/14-1, FLOOR, 9TH MAIN ROAD, V BLOCK, JAYANAGAR, BANGALORE-560 041, REP. BY ITS LEGAL MANAGER, NOW EDELWEISS INSURANCE COM LTD., RENAMED AS ZUNO GENERAL INSURANCE COM. LTD., KAMALA ARACDE, 1ST FLOOR, NEW NO. 71 (OLD NO. 88/A) 26TH MAIN, 37TH B CROSS, JAYANAGAR 9TH BLOCK, BANGALORE-560 069. …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. VASANTI W/O LATE SRIDHAR K AGED ABOUT 36 YEARS 2. ARJUN S S/O LATE SRIDHAR K AGED ABOUT 15 YEARS SINCE 2ND RESPONDENT IS MINOR WILL BE REPRESENTED BY HIS MOTHER AND N/G VASANTI I.E 1ST RESPONDENT R/AT NO. 1, 6TH CROSS, NEAR SURESH MEDICALS, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:905 MFA No. 492 of 2024 LAXMIPURAM, ULSOOR, BANGALORE - 560 008 AND ALSO RAMAIAH GARDEN, KADUGODI PLANTATION, BANGALORE 67. 3. JOHN VARUN CHRISTOPHER S/O JOHN VICTOR LUCAS, MAJOR, NO. 353-A, 8TH MAIN, SRI RAMAIAH LAYOUT, K G HALLI, BANGALORE 560 015. 4. SHANTI W/O LATE B KRISHNA, AGED ABOUT 57 YEARS, R/AT NO. 42/C, 8TH CROSS, NEAR B P BAKERY, LAXMIPURAM, BANGALORE 08. …RESPONDENTS (BY SRI. K V SHYAMAPRASADA., ADVOCATE FOR R1, R3 AND R4- SERVED, R2 IS MINOR REPRESENTED BY R1) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.15.04.2023 PASSED IN MVC NO.7351/2022 ON THE FILE OF THE XXIV ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT, BENGALURU, AWARDING COMPENSATION OF RS.8,12,464/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:905 MFA No. 492 of 2024 ORAL JUDGMENT Heard the arguments learned counsel appearing for appellant and learned counsel for respondent Nos.1 and 2. Respondent Nos.3 and 4 are served and remained unrepresented. 2. This appeal is filed against the award of the Tribunal dated 15.04.2023 passed in MVC No.7351/2022 on the file of the XXIV Additional Small Causes Judge and ACMM, MEMBER, MACT, Bengaluru. The Insurance Company preferred this appeal against the award of the Tribunal. 3. One Sridhar K., met with an accident on 18.01.2022. His wife and son filed claim petition claiming compensation of Rs.50,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.8,12,464/- with interest and the rate of 6% per annum from the date of petition till realisation. 4. Aggrieved by the said order, Insurance Company filed this appeal and mainly contented that the claim - 4 - HC-KAR NC: 2026:KHC:905 MFA No. 492 of 2024 petition was filed under Section 164 of the MV Act. The deceased Sridhar K was riding motorcycle bearing No.KA- 03-JZ-4733 along with pillion rider and when he reached near K.C. Raju Multi Specialty Hospital, driver of Hyundai Verna car bearing No.KA-02-MJ-4463 came in a rash and negligent manner and dashed the motorcycle. As a result, he sustained injuries and immediately was shifted to the hospital, but died on 26.01.2022. The Tribunal passed ex-parte judgment against Insurance Company. They filed miscellaneous petition under Order IX Rule 13 seeking permission to recall the ex-parte order, but it was dismissed. As such, they preferred this appeal. 5. The Ex.P10 is the abated charge sheet filed against Sridhar for an offences under Section 279, 338, 304(A) read with 3(1) of IPC and sections 181, 129 read with 177 of IMV Act. Deceased Sridhar was driving on one way road under the influence of alcohol without driving license and dashed the car. But it was not considered by the Tribunal properly and the liability was fixed against the - 5 - HC-KAR NC: 2026:KHC:905 MFA No. 492 of 2024 Insurance Company. The driver of the car is in no way responsible for the accident. The Tribunal granted Rs.3,12,464/- towards medical expenses and it is permissible under Section 164 of the MVA Act. Therefore, requested this court to set aside the order and to grant medical expenses. On perusal of the record, it shows that the respondent Nos.1 to 3 including the Insurance Company remained ex-parte before the Tribunal. They have not contested the matter and raised the above objections before the Tribunal at the earliest point of time. But later they filed an application to set aside the ex-parte order, but it was dismissed. As such, they preferred this appeal. 6. This Court finds it reasonable to grant an opportunity to the Insurance Company and to remand the matter with a specific direction to the Tribunal to dispose of the matter within 3 months by duly giving opportunity to both sides for adducing evidence and for arguments. - 6 - HC-KAR NC: 2026:KHC:905 MFA No. 492 of 2024 Accordingly, this appeal is disposed of and the matter is remanded back to the tribunal. Registry is directed to return the Trial Court records to the Tribunal, along with certified copy of the order passed by this Court within 10 days from the date of receipt of the copy of this order. Both the parties are directed to appear before the tribunal on 02.02.2026. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 77