JAVAD A vs SHRI ASHRAF ALI
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:59342
MFA No. 1605 of 2025
C/W MFA No. 6105 of 2025
CNR: KAHC010147102025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 1605 OF 2025
(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL No. 6105 OF 2025
(MV-I)
IN MFA No. 1605/2025
BETWEEN:
DIVISIONAL MANAGER
RELIANCE GENERAL INSURANCE Co. LTD.,
TH
No.28M EAST WING, 5 FLOOR
STATIONARY BUILDING
M.G. ROAD, BENGALORE -560 001.
REP. BY ITS MANAGER LEGAL.
RELIANCE GENERAL INSURANCE CO. LTD.,
TH
No.28, EAST WING, 5 FLOOR, CENTENARY
BUILDING, M.G. ROAD
BENGALURU - 560 001.
…APPELLANT
(BY SRI D VIJAYA KUMAR, ADVOCATE)
AND:
1. JAVAD A
S/O. ASGAR ALI
AGED ABOUT 24 YEARS
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:59342
MFA No. 1605 of 2025
C/W MFA No. 6105 of 2025
CNR: KAHC010147102025
R/ AT: GUNDLUPET TOWN,
CHAMARAJANAGARA DISTRICT-571 111.
2. ASHRAF ALI
S/O. MOHAMMED
MAJOR
R/AT. CHALAKANDY HOUSE
IRUMBUZHI PO, MALAPURAM,
KERALA STATE -676 513.
…RESPONDENTS
(BY SRI. SANATH KUMARA K.M, ADVOCATE
SRI VIVEKANANDA N, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:22.02.2023
PASSED IN MVC No.83/2020 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, MACT, GUNDLUPET, AWARDING
COMPENSATION OF Rs.4,89,200/- WITH INTEREST AT 6
PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF
REALIZATION.
IN MFA No. 6105/2025
BETWEEN:
JAVAD A
S/O. ASGAR ALI
AGED ABOUT 24 YEARS
R/AT GUNDLUPET TOWN
CHAMARAJANAGARA DISTRICT
PIN-571 111.
...APPELLANT
(BY SRI SANATH KUMARA K.M, ADVOCATE)
AND:
1. SHRI ASHRAF ALI
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:59342
MFA No. 1605 of 2025
C/W MFA No. 6105 of 2025
CNR: KAHC010147102025
S/O. MOHAMMED
AGED ABOUT MAJOR
CHALAKANDY HOUSE
IRUMBUZHI PO
MALAPURAM
KERALA STATE-676 509.
2. THE DIVISIONAL MANAGER
RELIANCE GENERAL INSURANCE CO. LTD.,
TH
No. 28, EAST WING, 5 FLOOR
STATIONARY BUILDING, M.G. ROAD
BENGALURU-560 001.
...RESPONDENTS
(BY SRI D VIJAYAKUMR, ADVOCATE FOR R2
SRI VIVEKANANDA N, ADVOCATE FOR R1)
THIS MFA FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:22.02.2023
PASSED IN MVC No.83/2020 ON THE FILE OF THE SENIOR
CIVIL JUDGE, JMFC, MACT, GUNDLUPET, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
MFA No.1605/2025 is filed by the insurer challenging
the judgment and award dated 22.02.2023 passed in MVC
No.83/2020 by the Senior Civil Judge and MACT,
Gundlupet.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:59342
MFA No. 1605 of 2025
C/W MFA No. 6105 of 2025
CNR: KAHC010147102025
2. MFA No.6105/2025 is filed by the claimant seeking
enhancement of compensation awarded in MVC
No.83/2020.
3. Heard learned counsel for appellants and learned
counsel for respondents in both the appeals.
4. Learned counsel for the appellant/insurer would
contend that appellant/insurer has been placed exparte
before the Tribunal and therefore, the appellant/insurer
did not contest the matter and prays for remand of the
matter to the Tribunal for affording an opportunity to the
appellant/insurer to contest the claim petition.
5. Learned counsel for respondent No.1/claimant
submits that if the matter is remanded, time frame may
be fixed for its disposal.
6. Learned counsel for respondent No.2/owner
submits that there is insurance policy and it was valid as
on the date of accident.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:59342
MFA No. 1605 of 2025
C/W MFA No. 6105 of 2025
CNR: KAHC010147102025
7. Having heard the learned counsels, this Court has
perused the judgment and award.
8. Respondent No.1/claimant made a claim petition
praying to award compensation for the injuries sustained
by him in a road traffic accident contending that accident
occurred due to rash and negligent driving of the driver of
car bearing Regn.No.KL-10-BD-0012. Respondent No.1
was owner and respondent No.2 was the insurer.
Respondents have been placed exparte before the
Tribunal. The Tribunal after recording the evidence,
appreciating the evidence assessed the compensation and
awarded compensation under different heads and fastened
liability on the appellant/insurer on the ground that copy
of insurance policy has been produced and it was valid as
on the date of accident. The insurer who has been placed
exparte has filed the present appeal and the claimant has
filed the appeal seeking enhancement of compensation
awarded by the Tribunal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:59342
MFA No. 1605 of 2025
C/W MFA No. 6105 of 2025
CNR: KAHC010147102025
9. The insurer and the owner were placed exparte
before the Tribunal. The insurer in Taluka places is
represented by a standing counsel. The Tribunal ought to
have given notice of the claim petition to the standing
counsel and thereafter proceeded with the matter. The
insurer who is the appellant herein did not contest the
claim petition and the claim petition has been decided
without contest by respondents who are the owner and
insurer before the Tribunal. The appellant/insurer has
challenged the quantum of compensation awarded on the
ground that injuries sustained are simple in nature and
compensation awarded is on higher side. The claimant
has filed the appeal seeking enhancement of compensation
awarded by the Tribunal contending that the compensation
awarded is on lower side. Since the insurer is placed
exparte, an opportunity has to be given to the insurer to
contest the claim petition and for that the matter requires
to be remanded to the Tribunal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:59342
MFA No. 1605 of 2025
C/W MFA No. 6105 of 2025
CNR: KAHC010147102025
10. In view of the above, the following:
ORDER
i) Both appeals are allowed in part .
ii) The judgment and award dated 22.02.2023
passed in MVC No.83/2020 by the Senior Civil
Judge and MACT, Gundlupet, is set-aside.
iii) The matter is remanded to the Tribunal with
a direction to afford an opportunity to the
appellant/insurer to contest the claim
petition.
iv) The parties are directed to appear before the
Tribunal on 23.11.2026 without awaiting any
Court notice.
v) The appellant/insurer shall file its objections
before the Tribunal on the date of appearance
and lead evidence, if any.
vi) The amount in deposit, deposited by the
appellant/insurer including the statutory
deposit be transmitted to the Tribunal and
the amount shall be kept in fixed deposit for
a period of six months with auto renewal
instructions.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:59342
MFA No. 1605 of 2025
C/W MFA No. 6105 of 2025
CNR: KAHC010147102025
vii) The Tribunal shall make endeavour to dispose
of the claim petition within a period of six
months.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 43
Ct.sm