SRI MOHAMMED OMER vs SRI SHIVARAJ KUMAR M N

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HC-KAR
NC: 2026:KHC:56451
MFA No. 2144 of 2023


CNR: KAHC010167932023




IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 8 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MRS. JUSTICE GEETHA K.B.



MISCELLANEOUS FIRST APPEAL NO.2144 OF 2023(MV-I)



BETWEEN:

SRI. MOHAMMED OMER,
S/O ABDUL WAJID,
AGED ABOUT 26 YEARS,
R/AT NO.9, RATAN SINGH LANE,
FRAZER TOWN,
BENGALURU - 560 005.
…APPELLANT







(BY SRI PARVEEZ AHAMED M.R., ADVOCATE)

AND:

SRI. SHIVARAJ KUMAR M.N.,
S/O NARASIMHAIAH,
AGED ABOUT 31 YEARS,
R/AT MALLASANDRA,
BYRANAHALLI,
KOLAR, KARNATAKA - 563 130.

(NOTE RESPONDENT NO 2 IN MVC HAS BEEN
DELETED AS PER ORDER DATED 5-8-2021 BY COURT
BELOW)
…RESPONDENT


(BY SRI N.R.RANGEGOWDA., ADVOCATE)
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:56451
MFA No. 2144 of 2023


CNR: KAHC010167932023



THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 07.01.2023 PASSED IN MVC
NO.2735/2019 ON THE FILE OF THE VII ADDITIONAL SCJ AND
ACMM, MEMBER, MACT-3, BENGALURU, AWARDING
COMPENSATION OF RS.41,000/- WITH 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 MRS. JUSTICE GEETHA K.B.

ORAL JUDGMENT

This is the appeal filed under Section 173(1) of the
Motor Vehicles Act, 1988 (in short 'MV Act') praying for
setting aside the Judgment and Award dated 07.01.2023
passed in MVC No.2735/2019 on the file of Motor Accident
Claims Tribunal, Court of Small Causes, Bengaluru (in
short 'the Tribunal'). The said MVC was clubbed with MVC
No.6392/2019 and common judgment and award was
passed.

Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:56451
MFA No. 2144 of 2023


CNR: KAHC010167932023



2. The parties would be referred with their ranks
as they were before the Tribunal for the sake of
convenience and clarity.
3. The claimant has filed a claim petition before
the Tribunal that he sustained injuries in the road traffic
accident that has taken place on 27.02.2019 at
07:30 p.m. when he was the rider of motorcycle bearing
registration No.KA-07-R-7429 with his wife, who was the
pillion rider and when he had stopped his vehicle to take
turn towards Gottipura Village on Kolar - Bengaluru NH-75
road, a car bearing registration No. KA-19-MC-1298 (in
short, 'offending vehicle') came in rash and negligent
manner from Kolar side and dashed against the claimant.
Due to the accident, he sustained grievous injuries and
took treatment in hospitals and hence claimed
compensation under several heads from respondents No.1
and 2 who are the owner and insurance company of the
offending car.
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:56451
MFA No. 2144 of 2023


CNR: KAHC010167932023



4. The respondent No.1/owner appeared before
the Tribunal and filed his objection statement before the
Tribunal, wherein he had taken contention that the
accident occurred due to rash and negligent driving of the
rider of the motorcycle and not due to the rashness and
negligence on the driver of the car.
5. The respondent No.2 - Insurance Company has
filed the objection statement that it had not issued the
policy in respect of offending car as on the date of accident
and hence it is not necessary party to the petition.
6. After considering this objection statement, the
respondent No.2/ Insurance company was deleted from
the cause list.
7. After recording evidence of the claimant, the
Tribunal came to the conclusion that the claimant is
entitled for total compensation of Rs.41,000/- and directed
respondent No.1/ the owner of the car to pay the
compensation.
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:56451
MFA No. 2144 of 2023


CNR: KAHC010167932023



8. Aggrieved by the said judgment and award, the
owner of the car/appellant is before this court.
9. Heard arguments of both sides.
10. The learned counsel for the appellant
Sri Parveez Ahamed M.R. would submit that the Tribunal
has not given sufficient opportunity to adduce the
evidence of respondent to prove that there is contributory
negligence on the side of the claimant in causing the
accident. He would further submit that the wife who was
the pillion rider of the motorcycle succumbed to the
injuries sustained in the accident and in that regard, MVC
No.6392/2019 was filed against the judgment and award
passed in that case was challenged by the owner of the
car in MFA No.2208/2023. The Division Bench of this Court
by judgment dated 04.08.2026 remanded the said matter
to the Tribunal for fresh consideration on the ground that
no opportunity was given to the owner of the car to prove
his contention. Hence, prayed for remanding the matter.
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:56451
MFA No. 2144 of 2023


CNR: KAHC010167932023



11. The learned counsel for the respondent
Sri N.R. Range Gowda would submit that in Division Bench
in the connected case already matter was remanded to the
Tribunal for fresh consideration and hence the discretion
could be exercised by this Court in remanding the matter.
12. Having heard arguments of both sides and
verifying the appeal papers, the point that arises for
consideration is:
"Whether the appellant establishes that sufficient
opportunity was not given to the appellant to put
forth his defence and remand the matter to the
Tribunal is required?"

13. Finding of this Court on the above point is in
'affirmative' for the following;
REASONS

14. The facts established before the Tribunal are
that the road traffic accident has taken place on
27.02.2019 at about 07:30 p.m. on left side of Kolar -
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:56451
MFA No. 2144 of 2023


CNR: KAHC010167932023



Bengaluru NH75 road near Gottipura Gate involving the
motorcycle bearing No.KA-07-R-7429 and car bearing
registration No.KA-19-MC-1298; and in that accident, the
claimant has sustained injuries and his wife succumbed to
the injuries sustained in the said accident.
15. It is the specific contention of the owner of the
car before the Tribunal and also before this Court that
there is contributory negligence on the part of rider of the
motorcycle in causing the accident. Said rider of
motorcycle is the claimant in the claim petition.
16. By considering the records of trial Court,
already the Division Bench of this Court made an
observation in MFA No.2208/2023 at para No.16, which
reads as follows:

"16 - It is observed from the records that
the Tribunal has not given opportunity to the
appellant/owner of the offending vehicle, i.e.,
car bearing No.KA-19-MC-1298 to adduce his
evidence and produce the documents. Further,
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:56451
MFA No. 2144 of 2023


CNR: KAHC010167932023



the Tribunal, considering the evidence adduced
by the respondents and the documents
produced by them, passed the impugned
Judgment in a cavalier manner without giving
opportunity to both the parties to adduce
evidence and produce the documents."

17. When there is an observation of Division Bench
in the connected MFA that opportunity was not given to
the present appellant to put forth his defence and matter
is remanded to the Tribunal, it is obvious that even the
present case is to be remanded to the Tribunal for fresh
consideration.
18. Hence, this Court passes the following,
ORDER
i) The impugned Judgment and Award dated
07.01.2023 passed in MVC No.2735/2019 on the
file of Motor Accident Claims Tribunal, Court of
Small Causes, Bengaluru is set aside and the
matter is remanded back to the Tribunal for
fresh consideration.
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:56451
MFA No. 2144 of 2023


CNR: KAHC010167932023



ii) The appellant is at liberty to produce
necessary documents and adduce his evidence
and the Tribunal shall give opportunity to both
sides to adduce their evidence and to decide the
matter afresh in accordance with law.
iii) Both the parties shall appear before the
Tribunal on 05.11.2026 without Court notice.
iv) The Tribunal shall dispose the matter as
early as possible but within the outer limit of four
months from 05.11.2026.
v) The amount in deposit, if any, shall be
transmitted to the Tribunal.
vi) The Registry is directed to send the
certified copy of the judgment forthwith to the
Tribunal.
Digitally Signed By:


K B GEETHA
(GEETHA K.B.)
JUDGE



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