- 1 - HC-KAR NC: 2026:KHC:22586 MFA No. 3325 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 MFA NO. 3325 OF 2014 (MV-I) BETWEEN: SRI.MUTHAIAH, S/O HOMBE GOWDA, AGED ABOUT 80 YEARS, NO.22, 20TH CROSS, MUNESHWARA BLOCK, HANUMANTHA NAGARA, 50FT. ROAD, BANGALORE – 560 050. …APPELLANT (BY SRI. PRASANNA D P.,ADVOCATE) AND: 1. SRI.JAYARAJA, S/O V. KRISHNA, AGED ABOUT 33 YEARS, R/AT KOTTEJE HOUSE, KALANJA, KAYARTHODKA, BELTHANGADI, DHAKSHINA KANNADA, MANGALORE – 575 007. 2. ORIENTAL INSURANCE COMPANY LTD., 1ST FLOOR, K.V. VARKEY MEMORIAL COMPLEX, NEAR KSRTC BUS STATION, AAGAMALY KERALA-683 572. BY ITS BRANCH MANAGER. (IN POLICY NO.41502/31/2007/6009 VALID FROM 08.11.2006 TO 07.11.2007) …RESPONDENTS (BY SMT. SREEDEVI K B.,ADVOCATE FOR SRI. PRAKASH M H.,ADVOCATE FOR R1; SRI. M U POONACHA.,ADVOCATE FOR R2) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22586 MFA No. 3325 of 2014 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.1.2014 PASSED IN MVC NO.2255/2007 ON THE FILE OF THE IX ADDL. SMALL CAUSES JUDGE AND XXXIV ACMM., COURT OF SMALL CAUSES, AND MEMBER MACT-7, BANGALORE, AWARDING A COMPENSATION OF RS. 4,51,000/- (RUPEES FOUR LAKHS FIFTY ONE THOUSAND ONLY) WITH INTEREST @ 6% P.A ON RS.4,21,000/- (EXCLUDING FUTURE MEDICAL EXPENSES OF RS.30,000/-) FROM THE DATE OF PETITION TILL TOTAL PAYMENT. 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.2255/2007 dated 10.01.2014 on the file of IX Addl., Small Causes judge & XXXIV ACMM, Court of Small Causes, Member, MACT-7, Bangalore, the owner of the vehicle is before his Court. 2. It is a case of the claimant that on 17.02.2007 at about 03.55 a.m. the claimant was proceeding in a Goods Tempo as a loader and unloader. The vehicle was proceeding on Bangalore-Kolar road, the driver of the vehicle, by driving it in rash and negligent manner, with high speed lost control and dashed towards the tree, which was on the left side of the road. The vehicle was fully damaged and claimant suffered grievous injuries. The Tribunal has held that, initially the - 3 - HC-KAR NC: 2026:KHC:22586 MFA No. 3325 of 2014 appellant/owner of the vehicle has remained ex-parte. Thereafter, MFA No.7669/2009 (MV) was filed before this Court and the judgment was set aside and the matter was remanded back to the Tribunal. In the written statement, it is stated that the insurance policy has been issued in respect of offending vehicle and the same was in force as on the date of accident. The case was that the claimant was travelling in Goods vehicle as gratuitous passenger and policy does not cover the risk of such gratuitous passenger in goods carrying vehicle.. As such the Tribunal has fixed the liability on the owner of the vehicle. According to the appellant herein he is not the owner of the vehicle. As on the date of the accident the vehicle stands in the name of one Smt. Sindu and she the registered owner of the vehicle, the claimant ought to have impleaded her and in the light of the settled law, the appellant cannot be made liable to pay the compensation. It is an admitted fact that said Sindu is not a party to the proceedings before the MACT. 3. Learned counsel for the respondent/claimant does not deny the fact that the said Sindu was not implead as a respondent in the claim petition. In that view of the matter, this Court is of the view that the award needs to be set aside and - 4 - HC-KAR NC: 2026:KHC:22586 MFA No. 3325 of 2014 the matter has to be remanded to the Tribunal. Accordingly, this Court is passing the following: ORDER Accordingly, the appeal is allowed by setting aside the awarded passed in MVC.No.2255/2007 dated 10.01.2014 and matter is remanded back to the MACT, Bangalore, for consideration on the following points: i. The claimant shall implead the registered owner of the vehicle as party respondent. ii. This case is of the year 2007. The Tribunal shall give priority to this case and shall dispose of the same as expeditiously as possible. iii. 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. iv. The owner of the vehicle is permitted to withdraw the amount in deposit. v. No Costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 2 Sl No.: 7