- 1 - HC-KAR NC: 2026:KHC:22736 MFA No. 8193 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 8193 OF 2014 (MV) BETWEEN: M/S TATA MOTORS LIMITED BALMATTA ROAD, MANGALORE BRANCH, MANGALORE REPRESENTED BY ITS ZONAL LEGAL OFFICER …APPELLANT (BY SRI.SREEDEVI K B., ADVOCATE FOR SRI.JAI M PATIL., ADVOCATE) AND: 1. MR USMAN KHAN, S/O AHAMMED KHAN, AGED ABOUT 60 YEARS, KUSHALNAGAR EXTENSION, SAKALESHPUR TALUK, HASSAN DISTRICT. 2. SMT. KOUSAR, W/O USMAN KHAN, AGED ABOUT 45 YEARS, 3. MS. SURAYA, D/O USMAN KHAN, AGED ABOUT 21 YEARS, 4. MS. SEEMA, D/O USMAN KHAN, AGED ABOUT 19 YEARS, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22736 MFA No. 8193 of 2014 RESPONDENTS NO.2 TO 4 ARE RESIDING AT KUSHALNAGAR, EXTENTION, SAKALESHPUR TALUK HASSAN DISTRICT. 5. MR. T.T. CHANDRA SHETTY (SINCE DECEASED BY LRS) 5(A) 5(B) 5(C) 6. MRS. CHANDRAMMA, W/O LATE CHANDRA SHETTY, AGED ABOUT 74 YEARS, MR. MALLESH, S/O LATE CHANDRA SHETTY, AGED MAJOR, MR. SHEKAR, S/O LATE CHANDRA SHETTY, AGED MAJOR, ALL THE ABOVE RESIDENTS OF NO.50/1, DODDIROAD, ALUR POST & TALUK, HASSAN DISTRICT – 573 213. THE GENERAL MANAGER K.S.R.T.C., BANGALORE. 7. MR. VENKATESH S/O NAJAPPA, AGED ABOUT 44 YEARS, KUNIGAL DEPOT HOUSING BOARD COLONY, KUNIGAL TOWN AND POST, KUNIGAL TALUK. 8. M/S ICICI LOMBARD GENERAL INSURANCE CO., LIMITED., HAVING ITS REGISTERED OFFICE AT ICICI LOMBARD HOUSE, 414, VEER SAVARKAR MARG, NEAR SIDDHI VINAYAKA TEMPLE, PRABHAVATHI, MUMBAI-400 025. …RESPONDENTS (BY SRI. GIRISH B BALADARE., ADVOCATE FOR R1 TO R4; - 3 - HC-KAR NC: 2026:KHC:22736 MFA No. 8193 of 2014 SRI. K NAGARAJA., ADVOCATE FOR R6; SRI. B C SHIVANNE GOWDA., ADVOCATE FOR R8; R5 (A TO C) ARE SERVED; NOTICE TO R7 IS DISPENSED WITH V.C.O DATED 25.11.2015) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 3.9.2012 PASSED IN MVC NO.3/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, SAKALESHPUR, AWARDING A COMPENSATION OF RS.3,60,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION OF THE AWARD AMOUNT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.3/2009 dated 03.09.2012 passed by the Senior Civil judge & JMFC, and Member MACT, Sakaleshpur, Respondent No. 4 in the claim petition, who has financed the offending vehicle is before this Court. 2. The Tribunal has awarded the compensation of an amount of Rs.3,60,000/- holding that the Respondent No.4 in the claim petition is liable to pay the compensation. - 4 - HC-KAR NC: 2026:KHC:22736 MFA No. 8193 of 2014 3. Learned counsel appearing for the appellant submits that the vehicle is insured by the ICICI Lombard Insurance Company., and the insurance company was not a party before the MACT. 4. Learned counsel appearing for the insurance company submits that the insurance company is denying the liability. The insurance company is never a party to the proceedings basing on which policy they are saying that the vehicle is insured with the respondent is not known. He submits that if the matter is remanded back to the Tribunal, if an opportunity is given to the parties, then the liability can be decided by the Tribunal. 5. Having heard the learned counsels on either side, perused the entire material on record. This Court finds no force in the argument of the learned counsel appearing for the insurance company. i. Accordingly, the impugned order passed in MVC.No.3/2009 dated 03.09.2012 by the Senior Civil Judge & JMFC and Member MACT, Sakaleshpur - 5 - HC-KAR NC: 2026:KHC:22736 MFA No. 8193 of 2014 is set aside and the matter is Remanded Back to the Tribunal for fresh consideration. ii. All the contentions are left open and without further notice the parties shall appear before the Tribunal on 08.06.2026. iii. Tribunal by considering the respective contentions of both the parties by giving reasonable opportunity shall dispose of the matter as expeditiously as possible but not later than six months. iv. The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this court forthwith without any delay. v. Accordingly, the appeal is Allowed. vi. No Costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 12