Allowed¶36

Pandu v. Kum Veena

Motor Vehicles Act, 1988 – S.173(1)

Karnataka HC18 Aug 2025MFA/1679/2019

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Case brief

AI extract

What is this about?

Karnataka High Court (NC: 2025:KHC:32031); MFA No. 1679 of 2019 (MV-I); P Sree Sudha J.; decided 18.08.2025; remand to MACT Chikkamagaluru in MVC No.525/2016; owner of lorry KA-18/AA/7868 set ex-parte; permission to lead evidence and produce documents; compensation Rs.1,73,898/- with 6% interest; Oriental Insurance Co. Ltd.; Cholamandalam MS General Insurance; motorcycle KA-18/K-3239; S.173(1) MV Act.

What did the court decide?

Appeal allowed and matter remanded to the tribunal permitting the appellant to lead evidence and receive documents, with opportunity to both sides for evidence and arguments; tribunal to dispose of the matter within 4 months of receiving the record; Registry to send the record within 10 days; parties to appear before the tribunal on 09.09.2025; pending interlocutory applications disposed of. ¶36

Pandu Vs Kum Veena — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the liability to pay compensation should be fixed on the Insurance Company and whether the award and compensation passed in MVC No.525/2016 requires modification.

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Court's answer

The matter is remanded to the tribunal granting permission to the appellant to lead evidence and receive documents, with opportunity to be given to both sides for adducing evidence and for arguments.

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Ratio / Principle

The tribunal is directed to dispose of the remanded matter within 4 months after receipt of the record.

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Key takeaways

The Registry is directed to send the record to the tribunal within 10 days from the date of the order.ratio¶38
The parties are directed to appear before the tribunal on 09.09.2025.ratio¶40
In view of disposal of the appeal, all pending interlocutory applications do not survive and are disposed of.ratio¶41

Detailed headnote1 paragraphs

Motor Vehicles Act, 1988 — S.173(1) — Appeal by owner of offending lorry against award in MVC No.525/2016 seeking fixation of liability on the Insurance Company and modification of compensation of Rs.1,73,898/- — Appellant had been set ex-parte before the MACT on 22.04.2016 and the appeal was filed on 21.02.2019 — Held, appeal allowed; matter remanded to the tribunal granting the appellant permission to lead evidence and receive documents, with opportunity to both sides to adduce evidence and argue; tribunal to dispose of the matter within 4 months of receipt of record; Registry to transmit record within 10 days; parties to appear on 09.09.2025; pending interlocutory applications disposed of.

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NC: 2025:KHC:32031 MFA No. 1679 of 2019

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1679/2019 (MV-I)

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BETWEEN:

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PANDU S/O GOVINDA, AGED ABOUT 51 YEARS, R/O TAMIL COLONY, MARKET ROAD, CHIKKAMAGLAURU-577 126, (OWNER OF LORRY BEARING REG NO.KA-18/AA/7868)

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…APPELLANT

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(BY SRI. GIRISH B. BALADARE, ADVOCATE)

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AND:

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Digitally signed by MADHURI S Location: High court of Karnataka

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KUM. VEENA D/O RAJESH, AGED ABOUT 21 YEARS, STUDENT, R/O GUNDUKALL COLONY, KATRUMANE VILLAGE, VASTHARE HOBLI, CHIKKAMAGALURU TALUK-577 126.

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ASLAM S/O ANVAR PASHA, AGED ABOUT 48 YEARS, R/O TIPPUNAGAR, CHIKKAMAGALURU-577 126, (DRIVER OF LORRY BEARING REG NO.KA-18/AA/7868)

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CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., DARE HOSUE, 2^ND FLOOR, N.S.C. BOSE ROAD, CHENNAI-6000 0001.

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2 - NC: 2025:KHC:32031 MFA No. 1679 of 2019

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HC-KAR

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CHANDRASHEKAR C/O MALLESH, S/O BYRAIAH, AGED ABOUT 26 YEARS, R/O GUNDUKALL COLONY KATRUMANE VILLAGE, VASTHARE HOBLI, CHIKKAMAGALURU TALUK-577 126, (RIDER OF HERO HONDA MOTORCYCLE BEG. REG. NO.KA-18/K-3239)

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MALLESH S/O BYRAIAH, AGED ABOUT 48 YEARS, R/O GUNDUKALL COLONY, KATRUMANE VILLAGE, VASTHARE HOBLI, CHIKKAMAGALURU TALUK-577 126, (OWNER OF HERO HONDA MOTORCYCLE BEG. REG. NO.KA-18/K-3239)

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THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., NAG NIRMALA COMPLEX, OPP. RANGANNA CHOULTRY, BASAVNAHALLI MAIN ROAD, CHIKKAMAGALURU-577 126.

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…RESPONDENTS

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(BY SRI. JAGADEESH H T., ADVOCATE FOR R1, SRI. C.R. RAVISHANKAR, ADVOCATE FOR R6, SRI. B. PRADEEP, ADVOCATE FOR R3, R2, R4 AND R5 SERVED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.02.2018 PASSED IN MVC NO.525/2016 ON THE FILE OF THE 1^ST ADDITIONAL SENIOR CIVIL JUDGE, AMACT, CHIKKAMAGALURU, AWARDING COMPENSATION OF RS.1,73,898/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS ENTIRE REALIZATION.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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3 - NC: 2025:KHC:32031 MFA No. 1679 of 2019

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HC-KAR

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ORAL JUDGMENT

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This appeal is filed by the appellant/owner of the vehicle, under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 28.02.2018 passed in MVC No.525/2016 passed by the I Additional Senior Civil Judge, AMACT, Chikkamagaluru, to fix the liability and modify the award and compensation and direct Insurance Company to pay the amount.

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Learned counsel for respondent/Insurance opposed the same and submits that the appellant never appeared before the tribunal and was set ex-parte before MACT on 22.04.2016. However, appellant filed this appeal before this court on 21.02.2019 and came up with this application on 10.09.2024. Hence, as the appellant filed the application with delay, he shall be liable to pay interest for the period from 22.04.2016 to 10.09.2024.

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