Sri Siddeshwara Poultry Vs Smt Priya Selvi — Motor Accident Claims | Karnataka HC (2025)

Sri Siddeshwara Poultry Vs Smt Priya Selvi — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal disposed of as withdrawn with liberty reserved to the appellant to avail remedy under Order IX of the Code of Civil Procedure, 1908 to show that there was no due notice, subject to all just exceptions in law; the amount in deposit directed to be returned to the appellant.

Issue for consideration

Whether the appellant was duly served with notice of the claim petition in MVC No.966/2023, it having contended that it could not contest the petition for want of service. +1 more

Ratio / Principle

The Court accepted the appellant's request and disposed of the appeal, reserving liberty to the appellant to avail remedy under Order IX of the Code of Civil Procedure, 1908 to show that there was no due notice, subject to all just exceptions in law.

Key takeaways

The amount in deposit is directed to be returned to the appellant.ratio¶39

Detailed headnote1 paragraphs

Division Bench (D K Singh and B M Shyam Prasad JJ.; judgment per B M Shyam Prasad J.) of the High Court of Karnataka, by oral judgment dated 24 July 2025 (NC: 2025:KHC:28470-DB), disposed of MFA No. 5365 of 2025 (MV-D) filed under S.173(1) MV Act by the vehicle owner (Sri Siddeshwara Poultry Breedres) against the award dated 22.04.2024 in MVC No.966/2023 (XIX Additional Judge, Court of Small Causes and ACMM, Bengaluru SCCH-17), which had awarded Rs.31,32,200/- with interest at 6% p.a. to the widow and minor children of the deceased Sri Venkatesh. The appellant contended it could not contest the claim petition for want of service; the Court observed that the impugned judgment recorded service and non-participation. On counsel's request, the appeal was disposed of reserving liberty to avail remedy under Order IX of the Code of Civil Procedure, 1908 to show there was no due notice, subject to all just exceptions in law, and the amount in deposit was directed to be returned to the appellant. The question of due service was left open for the forum under Order IX CPC; the quantum of the Tribunal's award was not disturbed.

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NC: 2025:KHC:28470-DB MFA No. 5365 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF JULY, 2025

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH AND

THE HON'BLE MR. JUSTICE B M SHYAM PRASAD MISCELLANEOUS FIRST APPEAL NO. 5365 OF 2025 (MV-D)

BETWEEN:

SRI SIDDESHWARA POULTRY BREEDRES, ABBENAHALLI VILLAGE, MALUR TALUK, KOLAR DISTRICT-563130. REP. BY ITS PROPRIETOR, SRI. MANJUNATHA A.N.

…APPELLANT

(BY SRI. VIJAYA KUMAR D.,ADVOCATE)

AND:

Digitally signed by VANAMALA N

Location: High Court of Karnataka

SMT PRIYA SELVI W/O. LATE VENKATESH, AGED ABOUT 32 YEARS,

KUM. HARSHITHA V. S/O. LATE VENKATESH, AGED ABOUT 12 YEARS,

KUM. SUSMITHA V. S/O. LATE VENKATESH, AGED ABOUT 10 YEARS,

2 - NC: 2025:KHC:28470-DB MFA No. 5365 of 2025

HC-KAR

MASTER VETRISELVAM V. S/O. LATE VENKATESH, AGED ABOUT 8 YEARS,

ALL ARE RESIDING AT NO.29, 3^RD CROSS, JYOTHI NAGAR, VIRGONAGAR POST, BENGALURU NORTH, BENGALURU-560 049.

SINCE RESPONDENT NO.2 TO 4 ARE MINOR, REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN, SMT. PRIYA SELVI, THE RESPONDENT NO.1.

THE MANAGER, GO DIGIT GEN. INS. CO. LTD., CONSULATE 1, 2^ND FLOOR, RICHMOND ROAD, NEAR RICHMOND CIRCLE, SHANTHALA NAGAR, ASHOK NAGAR, BENGALURU-560 025.

SRI. RAMESH B.M. S/O. MUNIYAPPA, AGED ABOUT 53 YEARS, R/AT. NO.67, HENNUR MAIN ROAD, DR. SHIVARAMKARANTH NAGAR, BAYARATHI, BENGALURU-560077.

…RESPONDENTS

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.04.2024 PASSED IN MVC NO. 966/2023 ON THE FILE OF THE XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACMM, BENGALURU SCCH-17, AWARDING COMPENSATION OF RS.31,32,200/- WITH

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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 MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE B M SHYAM PRASAD

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD)

This appeal is as against the judgment and award in the claim petition in MVC No.966/2023 on the file of the XIX Additional Judge, Court of Small Causes and ACMM, Bengaluru. The Tribunal has called upon the owner of the vehicle involved in a road accident to pay compensation to the widow and the minor children of the deceased, Sri Venkatesh, who has breathed his last in the accident.

The appellant contends that he could not contest the claim petition because he was not served,

4 - NC: 2025:KHC:28470-DB MFA No. 5365 of 2025

HC-KAR

but the impugned judgment reads that he was served and has not participated in the proceedings. When heard in the light of the afore, Sri D.Vijaya Kumar submits that the appellant may be permitted to withdraw the appeal with liberty to avail remedy under Order IX of Code of Civil Procedure, 1908 to show that there was no due notice. The request is accepted, and the appeal stands disposed of reserving liberty as requested but subject to all just exceptions in law.

The amount in deposit is directed to be returned to the appellant.

SD/(D K SINGH) JUDGE

SD/(B M SHYAM PRASAD) JUDGE

nv