- 1 - HC-KAR NC: 2026:KHC:2444 MFA No. 3912 of 2015 C/W MFA No. 3919 of 2015 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. 3912 OF 2015 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 3919 OF 2015 (MV-D) IN MFA No. 3912/2015 BETWEEN: THE NEW INDIA ASSURANCE CO. LTD., MOTOR THIRD PATY CLAIMS HUB, MAHALAKSHMI CHAMBERS, M G ROAD, BANGLAORE-1, BY DULY CONSTITUTED ATTORNEY. …APPELLANT (BY SRI. C.R. RAVISHANKAR, FOR SRI K SURYANARAYANA RAO, ADVOCATE) AND: 1. T S NARAYANA MURTHY S/O LATE SRIDHARA MURTHY, AGED ABOUT 35 YEARS, TSB CIRCLE, NEHRU ROAD, SHIVAMOGA-577 201. 2. T S GURUCHARAN, S/O LATE SRIDHARAMURTHY, MAJOR IN AGE, SRINIDHI TEXTILES GOPI CIRCLE, SHIVAMOGGA CITY-577 201. …RESPONDENTS (RESPONDENT – SERVED) Digitally signed by MADHUSHREE H Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2444 MFA No. 3912 of 2015 C/W MFA No. 3919 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT PRAYING TO CALL FOR THE RECORDS IN MVC NO.206/2012 ON THE FILE OF THE COURT OF FAST TRACK AND ADDL. MACT-III SHIVAMOGGA AND SET ASIDE THE JUDGMENT AND AWARD DATED 06.01.2015 FASTENING LIABILITY ON APPELLANT IN THE ENDS OF JUSTICE. IN MFA NO. 3919/2015 BETWEEN: THE NEW INDIA ASSURANCE CO. LTD., MOTOR THIRD PATY CLAIMS HUB, MAHALAKSHMI CHAMBERS, M.G. ROAD, BANGALORE - 1. BY DUTY CONSTITUTED ATTORNEY. ...APPELLANT (BY SRI. C.R. RAVISHANKAR, FOR SRI K SURYANARAYANA RAO, ADVOCATE) AND: 1. T.S. NARAYANA MURTHY S/O LATE SRIDHARA MURTHY, AGED ABOUT 35 YEARS, TSB CIRCLE, NEHRU ROAD, SHIVAMOGGA-577 201. 2. T.S. GURUCHARAN S/O LATE SRIDHARAMURTHY, MAJOR IN AGE, SRINIDHI TEXTILES GOPI CIRCLE, SHIVAMOGGA CITY-577 201. ...RESPONDENTS (RESPONDENT – SERVED) - 3 - HC-KAR NC: 2026:KHC:2444 MFA No. 3912 of 2015 C/W MFA No. 3919 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT PRAYING TO CALL FOR THE RECORDS IN MVC NO.207/2012 ON THE FILE OF THE COURT OF FAST TRACK AND ADDL. MACT, SHIVAMOGGA AND SET ASIDE THE JUDGMENT AND AWARD DATED 06.01.2015 FASTENING LIABILITY ON APPELLANT IN THE ENDS OF JUSTICE. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT The Insurance Company has preferred these appeals against the judgment and award dated 06.01.2015 in MVC Nos.206/2012 and 207/2012 passed by the Fast Track and Additional MACT - III, Shivamogga, on the ground that owner of the offending vehicle was not added by the claimants before the Tribunal and they took an objection that the policy was in existence. The Tribunal has not considered the said aspect. 2. Since the owner of the offending vehicle is necessary party, petition is bad for non-joinder of necessary party. Therefore, the judgment and award of the Tribunal is set aside. Matter is remitted to the Tribunal with a direction to the - 4 - HC-KAR NC: 2026:KHC:2444 MFA No. 3912 of 2015 C/W MFA No. 3919 of 2015 claimants to add the owner of the offending vehicle or his legal representatives as necessary party and the Tribunal is directed to grant reasonable opportunity to both sides for adducing evidence and for arguments and to dispose of the matter afresh on merits by duly considering entire evidence on record within three months from the date of this order. 3. Registry is directed to send the trial Court records within 10 days. 4. Both the parties are directed to appear before the Tribunal on 03.02.2026. The amount deposited by the Insurance Company before the Tribunal and this Court shall be refunded. Sd/- (P SREE SUDHA) JUDGE MH/- List No.: 1 Sl No.: 54