Sri. Settu. G Vs Smt. Kavitha K R

SRI SETTU. G S/O. SRI GOVINDAN AGED ABOUT 48 YEARS PROP. OF SREE DURGA CRANES AND CARRIERS R/AT NO.878, H.M.T. LAYOUT VIDYARANYANAPURA BENGALURU NORTH BENGALURU - 560 097 …APPELLANT

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(BY SRI JAGADISH G KUMBAR, ADVOCATE)

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AND:

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SMT.KAVITHA K R W/O. LATE VEERABADRASWAMY AGED ABOUT 40 YEARS

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Digitally signed by K S RENUKAMBA Location: High Court of Karnataka

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KUM. MOWNIKA. D. V. D/O. LATE VEERABADRASWAMY AGED ABOUT 18 YEARS

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LIKITH KUMAR. D.V. S/O. LATE VEERABADRASWAMY AGED ABOUT 20 YEARS

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SMT. SHANKARAMMA W/O. CHENNA VIREGOWDA AGED ABOUT 60 YEARS

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SRI CHENNAVIREGOWDA @ CHENNAVEERAYA S/O. LATE SIDDA VEERAIAH AGED ABOUT 70 YEARS

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R1 TO R5 ARE R/AT DASIHALLI VILLAGE

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NC: 2025:KHC:6047-DB MFA No.5672/2024

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THAMMADIHALLI POST HANDANKERE HOBLI CHIKKANAYAKANAHALLI TALUK TUMKUR DISTRICT – 572 214

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M/S. GOUTHAM ELECTRICALS REP. BY ITS PROPRIETOR SRI GOUTHAM S/O. M.S.V.REDDY (SUBBA REDDY) MAJOR, R/AT CHINTHAMANI MARKET ANJANI EXTENSION, CHINTHAMANI KARNATAKA – 563 125

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SRI NAGANDAR.K.S. S/O. LATE K. C. SHIVASHANKAR AGED ABOUT 45 YEARS R/AT NO. 226, 8^TH MAIN CROSS R.R.NAGAR, BANGALORE - 560 098 … RESPONDENTS

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(BY SRI MALLIKARJUN N K, ADVOCATE FOR SRI SAMPATH A, ADVOCATE FOR R1 TO R5; R6 & R7 DELETED VIDE COURT ORDER DATED 11.02.2025; SRI H.M.GOPAL, ADVOCATE FOR PROPOSED R6)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 09.08.2023 PASSED IN MVC NO. 6966/2022 ON THE FILE OF THE MEMBER, MACT, XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-17, AWARDING COMPENSATION OF RS.27,86,250/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL AND HON'BLE MR JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)

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This appeal is preferred by the respondent in M.V.C.No.6966/2022 on the file of MACT, XIX Additional Judge, Court of Small Causes, Bengaluru (SCCH-17).

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NC: 2025:KHC:6047-DB MFA No.5672/2024

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By the impugned award, the Tribunal has granted compensation of Rs.27,86,250/- payable by present appellant. The appellant did not contest the matter before the Tribunal and exparte decree was passed.

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In this proceeding, the appellant has filed I.A.No.2/2024 to implead two persons as respondent Nos.6 & 7 on the ground that at the relevant time, said respondent No.6 was the custodian of offending vehicle. It is contended that respondent Nos.1 to 5 i.e. claimants and the appellant had settled the matter with respondent Nos.6 & 7 out of the Court. Subsequently suppressing the said fact, the claimants filed M.V.C.No.6966/2022.

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Notice issued to proposed respondent No.7 is not yet returned. More over, all these contentions may be the defence of the appellant before the Tribunal. If there was any settlement between the claimants and respondent No.7, it is open to the appellant to cite respondent No.7 as witness and adduce evidence. Even otherwise, the above issues cannot be adjudicated for the first time, before this Court, converting this Court into Tribunal on the original side.

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NC: 2025:KHC:6047-DB MFA No.5672/2024

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By virtue of the interim order of this Court, the appellant has deposited Rs.4,00,000/- before the Tribunal. Since it was exparte decree, interest of justice requires that opportunity be given to the appellant to put forth all his defence.

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Learned Counsel for respondent Nos.1 to 5 concedes for remanding the matter for disposal of the same by Tribunal in time bound manner. Under the aforesaid facts and circumstances, the appeal deserves to be allowed in part. Hence, the following:

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ORDER

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The appeal is allowed.

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The impugned judgment and award dated 09.08.2023 in M.V.C.No.6966/2022 is hereby set aside.

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The matter is remanded to the Tribunal for fresh consideration. To avoid further delay, the parties are hereby directed to appear before the Tribunal on 10.03.2025.

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The appellant shall file his statement of objections on the date of his appearance in the case. If any of the parties fail to appear, the Tribunal shall proceed in accordance with law. On appearance of the parties, the Tribunal shall give reasonable

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NC: 2025:KHC:6047-DB MFA No.5672/2024

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opportunity of hearing to both the parties and dispose of the matter as expeditiously as possible at any rate within four months from the date of appearance of the parties.

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The amount in deposit shall be invested in fixed deposit in nationalized/scheduled bank of the choice of the claimants till disposal of the claim petition or further orders of the Tribunal.

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All contentions of the parties are left open.

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Amount in deposit shall be transmitted to the Tribunal

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forthwith.

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Pending IAs stood disposed of.

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Sd/(K.S.MUDAGAL) JUDGE

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Sd/(C.M. POONACHA) JUDGE