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2026 Supreme(Online)(Kar) 10553
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
MISCELLANEOUS FIRST APPEAL No. 1479 OF 2025 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL No. 4534 OF 2025 (MV-D)
MFA CROSS OBJECTION No. 79 OF 2025 (MV-D)
IN MFA No. 1479/2025
BETWEEN:
1. SRI SUNIL KUMAR V., S/O VIJAY RAJ, D si i g g n it e a d l l b y y A S O G U LD W ED I A L I A R B B P A O O N U R K T T E 4 R R 0 S O , Y A E D A , R S, V L H K o I a i N g c rn a h U t a C i T t o a H o n k u A : a r t B o S f M B AL E A S N R O G A A T A H L T U A 6 R L T L U H I , - C 5 R 6 O 0 S 0 S 3 , 7.TULASI THEATER ROAD, MARTHALLI, BENGALURU -560 037.…APPELLANT
AND:
1. G. BHUVANESHWARI, W/O. LATE Y.HANUMANTHA @ HANUMANTHU. Y., AGED ABOUT 42 YEARS
2. KUMARI SIRI H., D/O. LATE Y.HANUMANTHA @ HANUMANTHU. Y., AGED ABOUT 13 YEARS
3. KUM. DIVYASHREE D/O. LATE Y.HANUMANTHA @ HANUMANTHU. Y., AGED ABOUT 9 YEARS, SINCE RESPONDENT No.2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN THE MOTHER RESPONDENT No.1.
4. SMT. MANGAMMA W/O LATE YELLAPPA AGED ABOUT 74 YEARS, RESPONDENT No.1 TO 4 WERE RESIDING AT AVATHI VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT -562164.
5. MR. SHABREZ, S/O LATE SHAIK SHABEER, MAJOR, No.568, 5TH CROSS, 1ST MAIN, ISLAMPUR, BENGALURU-560017.…RESPONDENTS
(BY SMT. S. NAGANANDINI, ADVOCATE FOR APPELLANT)
(BY SRI. G.N. SUBRAMANI, ADVOCATE FOR R1 TO R4;(R2 & R3 ARE MINORS RESPRENSENTED BY R1);SRI K.V. GIRISH, ADVOCATE FOR R5)
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(K. V. ARAVIND)
JUDGE
VBS List No.: 1 Sl No.: 8
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 31.12.2024 PASSED IN MVC No.4214/2020 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, AWARDING COMPENSATION OF RS.33,07,940/- WITH CURRENT AND FUTURE INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA No. 4534/2025
BETWEEN:
1. SMT. G. BHUVANESHWARI, W/O. LATE Y.HANUMANTHA @ HANUMANTHU. Y., AGED ABOUT 43 YEARS
2. KUM. SIRI H., D/O. LATE Y.HANUMANTHA @ HANUMANTHU. Y., AGED ABOUT 14 YEARS
3. KUM. DIVYASHREE D/O. LATE Y.HANUMANTHA @ HANUMANTHU. Y., AGED ABOUT 10 YEARS, SINCE 2ND AND 3RD APPELLANTS ARE MINOR, REPRESENTED BY THEIR NATURAL GUARDIAN AND MOTHER 1ST APPELLANT.
4. SMT. MANGAMMA W/O LATE YELLAPPA AGED ABOUT 75 YEARS, ALL ARE RESIDING AT AVATHI VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT -562164.…APPELLANTS
AND:
1. SRI SUNIL KUMAR V., S/O VIJAY RAJ SUWIL BANKERS, AGED ABOUT 40 YEARS, OLD AIRPORT ROAD, MARATHALLI, BENGALURU -560 037. ALSO AT 6TH CROSS, TULASI THEATER ROAD, MARATHALLI, BENGALURU -560 037.
2. MR. SHABREZ, S/O LATE SHAIK SHABEER, MAJOR, No.568, 5TH CROSS, 1ST MAIN, ISLAMPUR, BENGALURU-560017....RESPONDENTS
(BY SRI SUBRAMANI G. N., ADVOCATE FOR APPELLANTS)
(BY SMT. S. NAGANANDINI, ADVOCATE FOR R1)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.12.2024 PASSED IN MVC No.4214/2020 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA CROB. No. 79/2025
BETWEEN:
1. SHABREZ, S/O LATE SHAIK SHABEER, AGED ABOUT 41 YEARS, No.568, 5TH CROSS, 1ST MAIN, ISLAMPUR, BENGALURU-560017.…CROSS OBJECTOR
AND:
1. G. BHUVANESHWARI, W/O. LATE Y.HANUMANTHA @ HANUMANTHU. Y., AGED ABOUT 42 YEARS
2. KUMARI SIRI H., D/O. LATE Y.HANUMANTHA @ HANUMANTHU. Y., AGED ABOUT 13 YEARS
3. KUM. DIVYASHREE D/O. LATE Y.HANUMANTHA @ HANUMANTHU. Y., AGED ABOUT 9 YEARS, SINCE RESPONDENT No.2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN THE MOTHER RESPONDENT No.1.
4. SMT. MANGAMMA W/O LATE YELLAPPA AGED ABOUT 74 YEARS, RESPONDENT No.1 TO 4 WERE RESIDING AT AVATHI VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT -562164.
5. SUNIL KUMAR V., S/O VIJAY RAVI, AGED MAJOR, SUWIL BANKERS, OLD AIRPORT ROAD, MARATHALLI, BENGALURU -560 037. ALSO AT 6TH CROSS, TULASI THEATER ROAD, MARTHALLI, BENGALURU -560 037.…RESPONDENTS
(BY SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR CROSS OBJECTOR)
(BY SRI. G.N. SUBRAMANI, ADVOCATE FOR R1 TO R4;(SMT. S. NANANDINI, ADVOCATE FOR R5)
THIS MFA CROB. IS FILED UNDER ORDER 41 RULE 22 R/W SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 31.12.2024 PASSED IN MVC No.4214/2020 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, AWARDING COMPENSATION OF Rs.33,07,940/- WITH CURRENT AND FUTURE INTEREST AT 6 PERCENT P.A. TO PETITIONERS TOWARDS COMPENSATION. THESE APPEALS COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE K.V. ARAVIND)
1. Heard Smt. S. Naganandini, learned counsel for RC owner of the offending vehicle, Sri. G. N. Subramani, learned counsel for claimants and Sri. K.V. Girish, learned counsel for custodian of the offending vehicle.
2. Both the appeals and the cross-objection question the judgment and award dated 31.12.2024 passed in MVC No.4214/2020 by the Chief Judge, Court of Small Causes and Member, Prl.Motor Accident Claims Tribunal, Bengaluru (for short, ‘the Tribunal’).
3. MFA No.1479/2025 is filed by the owner of the vehicle denying liability. MFA No.4534/2025 is filed by the claimants seeking enhancement and the cross-objection is filed by the custodian of the vehicle.
4. The parti
