Full Judgment Text
- 1 -
NC: 2026:KHC:8128
MFA No. 4003 of 2015
C/W MFA No. 4004 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 10 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 4003 OF 2015 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 4004 OF 2015 (MV-I)
IN MFA No. 4003/2015
BETWEEN:
VENKATESH
S/O SRINIVASAPPA @ SEENAPPA,
AGED ABOUT 31 YEARS,
R/AT D. PALYA AT POST,
GOWRIBIDANUR TALUK,
CHIKKABALLAPUR DISTRICT - 561 206.
…APPELLANT
(BY SRI. MAHESH SHETTY, ADVOCATE)
AND:
1.
NEW INDIA INSURANCE CO. LTD.,
REGIONAL OFFIE,
NO.2-B, UNITY BUILDING ANNEX,
MISSION ROAD, BANGALORE - 27.
Digitally signed
by
SHARADAVANI
B
Location: High
Court of
Karnataka
2. SRI. RENUKA ENTERPRISES
SRI SANGAYYA V HIREMATH,
PROPRIETOR, NO.189, 2ND MAIN,
PAI LAYOUT, OLD MADRAS ROAD,
BANGALORE - 16.
…RESPONDENTS
(BY SRI. C.R. RAVISHANKAR, ADVOCATE FOR R1;
SRI. K.L. PRABHAKAR, ADVOCATE FOR R2)
- 2 -
NC: 2026:KHC:8128
MFA No. 4003 of 2015
C/W MFA No. 4004 of 2015
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 29.9.2014 PASSED IN MVC
NO.123/2013 ON THE FILE OF THE 8TH ADDITIONAL SMALL
CAUSES JUDGE, 33RD ACMM, MEMBER, MACT, BENGALURU,
DISMISSING THE CLAIM PETITION FOR COMPENSATION.
IN MFA NO. 4004/2015
BETWEEN:
SHOBHA K.R,
W/O VENKATESH,
AGED ABOUT 24 YEARS,
R/A D. PALYA AT POST,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA DISTRICT - 561 206
...APPELLANT
(BY SRI. MAHESH SHETTY, ADVOCATE)
AND:
1. NEW INDIA INSURANCE CO. LTD.,
REGIONAL OFFIE,
NO.2-B, UNITY BUILDING ANNEX,
MISSION ROAD, BANGALORE - 27.
2. SRI. RENUKA ENTERPRISES
SRI SANGAYYA V HIREMATH,
PROPRIETOR, NO.189, 2ND MAIN,
PAI LAYOUT, OLD MADRAS ROAD,
BANGALORE - 16.
...RESPONDENTS
(BY SRI. C.R. RAVISHANKAR, ADVOCATE FOR R1;
RESPONDENT 2 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 29.9.2014 PASSED IN
MVC NO.124/2013 ON THE FILE OF THE 8TH ADDITIONAL
SMALL CAUSES JUDGE, 33RD ACMM, MEMBER, MACT,
BENGALURU, DISMISSING THE CLAIM PETITION FOR
COMPENSATION.
- 3 -
NC: 2026:KHC:8128
MFA No. 4003 of 2015
C/W MFA No. 4004 of 2015
HC-KAR
THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
These appeals are filed by the claimants against the
awards of the Tribunal in M.V.C.Nos.123/2013 and
124/2013 dated 29.09.2014 by the Court of VIII Additional
Small Causes Judge and MACT (SCCH-5) at Bengaluru.
2. Heard both the counsel.
3. The accident occurred on 01.12.2012 and it is
the case of the claimants that rider of the motorcycle
dashed the lorry, which was stopped suddenly without any
indication or signal. The charge sheet is filed against the
driver of the lorry. The complaint was given by the brother
on the same day mentioning the lorry number. But in
Ex.P15(a to d), it was mentioned as skid and fall. The
Tribunal considering the said aspect dismissed the claim
petition. Against which, this appeal is preferred.
- 4 -
NC: 2026:KHC:8128
MFA No. 4003 of 2015
C/W MFA No. 4004 of 2015
HC-KAR
4. Now the counsel for the appellants intended to
request for remand of the matter to examine the
complainant and to adduce relevant evidence.
5. Therefore, at his request, the matter is
remanded with a specific direction to the Tribunal to give
reasonable opportunity to both the sides for adducing
evidence and for arguments to dispose of the matters on
merits by duly considering the entire evidence on record,
within 3 months from the date of this order.
The appellants-claimants are not entitled for interest
from the date of appeal i.e., 30.05.2015 till today i.e.,
10.02.2026.
Both the parties are directed to appear before the
Tribunal on 11.03.2026.
Registry is directed to send the records in ten days.
Accordingly, the appeals are allowed .
Sd/-
(P SREE SUDHA)
JUDGE
KA, List No.: 1 Sl No.: 49