Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:803 MFA No. 6199 of 2025
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. 6199 OF 2025 (MV-I)
BETWEEN:
DR. BALASUBRAMANYAM B V S/O VENKATAGIRI AGED ABOUT 70 YEARS NO.64, 10TH MAIN LAKKASANDRA EXTENSION BANGALORE-560030. …APPELLANT (BY SRI. VENKATA REDDY M.N., ADVOCATE)
AND:
1.
SMT. SHARADA W/O KRISHNAPPA AGED ABOUT 60 YEARS RESIDING AT NO.166 HORAMAVU AGARA, HORAMAVU BANGALORE-560043.
2.
M/S. NEW INDIA ASSURANCE CO. LTD., MOTOR CLAIMS HUB NO.09, 2ND FLOOR MAHALAKSHMI CHAMBERS M G ROAD, BANGALORE-560001. …RESPONDENTS (BY SRI. GIRISH K.V., ADVOCATE FOR R1;
SRI. A.R. LAKSHMINARAYANA, ADVOCATE FOR R2)
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:803 MFA No. 6199 of 2025
THIS MFA IS FILED U/S. 173(1) OF MV ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 25.10.2024 PASSED IN MVC NO.6384/2022 ON THE FILE OF THE XVII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU, (SCCH-21), AWARDING COMPENSATION OF RS.4,97,085/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. This appeal under Section 173(1) of M.V. Act arises from the Judgment and award dated 25.10.2024 passed in MVC No.6384/2022 by the XVII Additional Judge, Court of Small Causes & Member, MACT, Bengaluru.
2. I.A.No.4/2025 is filed for impleading the new purchaser of the car and I.A.No.2/2025 is filed for production of additional documents mentioned in the list.
3.
Learned counsel for the appellant submits that the appellant is no longer the owner of the vehicle and did not contest the matter before the Tribunal. It is further submitted that the appellant had sold the car to another purchaser and he
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HC-KAR NC: 2026:KHC:803 MFA No. 6199 of 2025
was not the owner of the vehicle at the time of the accident.
Learned counsel also submits that the appellant intends to file the relevant documents before this Court.
4. Heard learned counsel appearing for respondent No.2.
5. Therefore, the matter is remanded to the Tribunal with a specific direction to the Tribunal to provide reasonable opportunity to both parties for adducing evidence and after hearing arguments, decide the matter within three months from the date of receipt of certified copy of this order. Accordingly, the following:
ORDER (i) The appeal is allowed.
(ii) The matter is remanded to the Tribunal with a specific direction to the Tribunal to provide reasonable opportunity to both parties for adducing evidence and after hearing arguments decide the matter within three months from the date of receipt of certified copy of this order.
(iii) The parties are directed to appear before the Tribunal on 02.02.2026.
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HC-KAR NC: 2026:KHC:803 MFA No. 6199 of 2025
(iv) The award was passed on 25.10.2024 and the appeal was preferred in the month of August
2025. Hence, appellant is not entitled to interest from 25.10.2024 to 07.02.2026.
(v)
Learned counsel for the appellant is permitted to withdraw the statutory amount deposited before this Court.
(vi) In the meanwhile, the Registry is directed to send the records within ten days.
Sd/- (P SREE SUDHA) JUDGE
VMB List No.: 1 Sl No.: 20