- 1 - HC-KAR NC: 2026:KHC:6530 MFA No. 6962 of 2024 C/W MFA No. 6960 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6962 OF 2024 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 6960 OF 2024 (MV-D) IN MFA No. 6962/2024 BETWEEN: 1. G. SYAMALA W/O LATE G. PRATHAP, NOW AGED ABOUT 40 YEARS. 2. MASTER G. RAJESH S/O LATE G. PRATHAP, NOW AGED ABOUT 18 YEARS. 3. G. SUBRAMANYAM S/O LATE G. MOGILAPPA, NOW AGED ABOUT 71 YEARS. 4. G. JYOTHI W/O G. SUBRAMANYAM, NOW AGED ABOUT 63 YEARS ALL ARE RESIDING AT NEAR GANESHA TEMPLE, BOMMANAHALLI, HOSUR ROAD, BANGALORE. NATIVE PLACE VADDARLAPALLI, MUTHIREVULA, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6530 MFA No. 6962 of 2024 C/W MFA No. 6960 of 2024 CHITTOOR, ANDHRAPRADESH. …APPELLANTS (BY SRI. SREENIVASAIAH A., ADVOCATE) AND: 1. R HARIDAS (RAMALINGAM HARIDAS) (RAMALINGAM HARIDAS) S/O RAMALINGAM C, MAJOR IN AGE, RESIDENT AT NO.185, NEW PRASHANTH NAGAR, IRUVARM (P), CHITTOOR DISTRICT, ANDHRA PRADESH - 517 001 2. THE MANAGER NATIONAL INSURANCE CO.LTD R.O.NO.144, II FLOOR, SHUBHRAM COMPLEX, M.G. ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. H.C. VRUSHABHENDRAIAH, ADVOCATE FOR R2 R1 - R. HARIDAS (RAMALINGAM HARIDAS) SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2024 PASSED IN MVC NO.456/2021 ON THE FILE OF THE XXII ADDITIONAL SCJ AND ACJM, MEMBER, MACT, BENGALRU SCCH-24, DISMISSING THE CLAIM PETITION FOR COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:6530 MFA No. 6962 of 2024 C/W MFA No. 6960 of 2024 IN MFA NO. 6960/2024 BETWEEN: 1. G. SYAMALA W/O LATE G.PRATHAP, NOW AGED ABOUT 40 YEARS. NEAR GANESHA TEMPLE, BOMMANAHALLI, HOSUR ROAD, BANGALORE. NATIVE PLACE VADDARLAPALLI, MUTHIREVULA, CHITTOOR, ANDHRA PRADESH. ...APPELLANT (BY SRI. SREENIVASAIAH A., ADVOCATE) AND: 1. R HARIDAS (RAMALINGAM HARIDAS) RAMALINGAM HARIDAS S/O RAMALINGAM C, MAJOR IN AGE, RESIDENT AT NO.185, NEW PRASHANTH NAGAR, IRUVARM P, CHITTOOR DISTRICT, ANDHRA PRADESH - 517 001. 2. THE MANAGER NATIONAL INSURANCE CO.LTD R.O.NO.144, II FLOOR, SHUBHRAM COMPLEX, M.G. ROAD, BENGALURU - 560 001. ...RESPONDENTS (BY SRI. H.C. VRUSHABHENDRAIAH, ADVOCATE FOR R2 R1 - R HARIDAS (RAMALINGAM HARIDAS) SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2024 PASSED - 4 - HC-KAR NC: 2026:KHC:6530 MFA No. 6962 of 2024 C/W MFA No. 6960 of 2024 IN MVC NO.457/2021 ON THE FILE OF THE XXII ADDITIONAL SCJ AND ACJM, MEMBER, MACT, BENGALRU SCCH-24, DISMISSING THE CLAIM PETITION FOR COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT MFA No.6962/2024 and MFA No.6960/2024 are filed against the common award dated 01.08.2024, passed in MVC No.456/2021 and in MVC No.457/2021, respectively by the Motor Accident Claims Tribunal and Court of Small Causes at Bengaluru (for short 'Tribunal'). 2. For the sake of convenience, the parties are referred to as per their ranks before the Tribunal. 3. Heard the arguments of both sides. 3. On 22.10.2020, five members were travelling in a Car bearing No. AP-03-BA-4404, when they reached - 5 - HC-KAR NC: 2026:KHC:6530 MFA No. 6962 of 2024 C/W MFA No. 6960 of 2024 near Kondaiahgarivooru, there was heavy rain and flood water was flowing across the road. But the driver of the car without taking any precautions, drove the car into the flowing water. As a result, car struck in the flowing water. When the water raised to the top level of the Car, Car slipped and fell into the canal. The driver came out of the car by breaking the front glass of the car and other two inmates also saved their life. But the other two persons lost their life by drowning in the canal. 4. The application was dismissed by the Tribunal on the ground that the incident occurred was due to the natural calamity and it is not an accident. Aggrieved by the said order, they preferred an appeal and during the pendency of the appeal, now the learned counsel of the appellant requested this Court to remand the matter to the Tribunal to examine the eye-witnesses. 5. The learned counsel of the respondents stated that the accident occurred in the State of Andhra Pradesh, - 6 - HC-KAR NC: 2026:KHC:6530 MFA No. 6962 of 2024 C/W MFA No. 6960 of 2024 but without any basis, the application is filed before the Karnataka High Court, in Bangalore Court and thus he disputed the jurisdiction also. 6. The matters are remanded to the Tribunal with a specific direction to grant reasonable opportunity to both sides, for adducing evidence and for arguments and to dispose of the matter on merits by duly considering all the entire evidence on record, within three months from the date of this order. 7. This accident occurred in the year 2020 and the petition was filed in the year 2021 and was disposed of in the year 2024, and now he came up with a request of remanding the matter. Therefore, he is not entitled for any interest from the date of petition i.e., 21.10.2024 till today i.e., 03.02.2026. - 7 - HC-KAR NC: 2026:KHC:6530 MFA No. 6962 of 2024 C/W MFA No. 6960 of 2024 8. The Registry is directed to send the records within 10 days. Both the parties are directed to appear before the Tribunal on 28.02.2026. Sd/- (P SREE SUDHA) JUDGE JJ List No.: 1 Sl No.: 59