POORNIMA vs RAVICHANDRA A

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:60971
MFA No. 1211 of 2025


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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

MISCELLANEOUS FIRST APPEAL NO. 1211 OF 2025 (MV-D)

BETWEEN:

1. POORNIMA
W/O LATE JAGADEESH A.,
AGED 34 YEARS,

2. MADHUMITHA J.
D/O LATE JAGADEESH A.,
AGED 12 YEARS,

3. ROHAN J.
S/O LATE JAGADEESH A.,
AGED ABOUT 10 YEARS,

4. ROHITH J,
S/O LATE JAGADEESH A.,
AGED 10 YEARS,

APPELLANTS 2 TO 4 ARE MINORS
REPRESENTED BY NATURAL GUARDIAN
MOTHER SMT. POORNIMA i.e. FIRST APPELLANT.
ALL ARE R/O BHOVI COLONY,
SIDDAPURA VILLAGE, 3RD BLOCK,
KASABA HOBLI, MADHUGIRI TALUK.
…APPELLANTS












(BY SRI. A.K. BHAT, ADVOCATE FOR
SRI. S. RAJU, ADVOCATE)

Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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MFA No. 1211 of 2025


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AND:

1. RAVICHANDRA A.
S/O ANJINAPPA,
AGED 34 YEARS,
R/O BHOVI COLONY,
SIDDAPPURA VILLAGE, 3RD BLOCK,
KASABA HOBLI, MADHUGIRI TALUK.

2.
THE MANAGER
CHOLAMANDALAM M.S.GENERAL
INSURANCE COMPANY LTD.,
REP. BY MANAGER VINOD SAMJE
UNIT NO.4, 9TH FLOOR, (LEVEL 6)
GOLDEN HEIGHT, 59TH C CROSS,
4TH M BLOCK, INDUSTRIAL SUBURB
RAJAJINAGARA, BANGALORE - 560 010.
…RESPONDENTS
(BY SRI. SATHISHA T, ADVOCATE FOR R1;
SRI. B. PRADEEP, ADVOCATE FOR R2)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 24.01.2025 PASSED IN MVC
NO.1120/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND JMFC, MADHUGIRI, DISMISSING CLAIM PETITION
FOR COMPENSATION.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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MFA No. 1211 of 2025


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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT
This appeal is filed by the claimants challenging the
dismissal of their claim petition in the Judgment and
Award dated 24.01.2025 passed in MVC No.1120/2022 by
the Principal Senior Civil Judge and JMFC and MACT,
Madhugiri.

2. The Claimants made a claim seeking for award
of compensation for the death of Jagadeesh A., in a road
traffic accident occurred on 04.10.2022 contending that
the accident occurred due to rash and negligent driving of
the rider of motorcycle bearing registration No.KA-06-EM-
2625 on which the deceased was a pillion rider.


3. The Tribunal recorded the evidence adduced by
the parties and upon appreciating the evidence on record
dismissed the claim petition by the impugned Judgment.
The claimants have challenged the said Judgment in the
present appeal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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MFA No. 1211 of 2025


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4. Heard the learned counsel for appellants and
learned counsel for respondent No.2/insurer.


5. Learned counsel for appellants has filed
I.A.No.1/2026 under Order XLI Rule 27 read with Section
151 of Code of Civil Procedure seeking grant of leave to
produce a copy of Form No.146(i) and 146(ii) given to the
Medical Officer, Government Hospital, Madhugiri for
conducting postmortem of the deceased Jagadeesh A., in
Crime No.149/2022 of Madhugiri Police Station as
additional evidence.


6. Learned counsel for the appellants would
contend that, the claim petition came to be dismissed only
on relying upon postmortem report wherein it is
mentioned that the deceased was riding the motorcycle at
the time of the accident. He submits that the said mention
in the postmortem report is not correct and in order to
show the same, Form No.146(i) and 146(ii) given to the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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MFA No. 1211 of 2025


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Doctor for conducting postmortem examination have been
sought to be produced under I.A.No.1/2026 wherein it is
clearly mentioned that the deceased was a pillion rider and
the motorcycle was ridden by one Modlagiriyappa. He
further submits that even in Ex.P1 - FIR and Ex.P3 -
Inquest Mahazar, there is a mention that deceased was a
pillion rider. Considering the said aspect, the finding of the
Tribunal that the deceased was a rider of the motorcycle is
not proper. In order to prove the document produced
along with I.A.No.1/2026, the claimants intends to
examine the Investigating Officer and the Doctor who
conducted postmortem examination of the dead body of
deceased Jagadeesh A., and for that purpose, the matter
requires to be remanded to the Tribunal. With these, he
prayed to allow the appeal and I.A.No.1/2026.


7. Learned counsel for respondent No.2/insurer
would contend that, in the postmortem report it is clearly
mentioned that deceased was the rider of the motorcycle.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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MFA No. 1211 of 2025


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Considering the same, the Tribunal has rightly dismissed
the claim petition. He further submits that, if
I.A.No.1/2026 is allowed, the matter requires to be
remanded for leading further evidence.


8. Having heard the learned counsel for
appellants/claimants and learned counsel for respondent
No.2/insurer, the Court has perused the impugned
Judgment, Award and trial Court records.


9. In the claim petition, it is specifically averred
that the deceased was a pillion rider and Modlagiriyappa
was riding the motorcycle bearing registration No.KA-06-
EM-2625 and the accident occurred due to rash and
negligent riding of the rider of motorcycle i.e.,
Modlagiriyappa. Ex.P1 is the FIR and it is registered based
on the First Information filed by Poornima, wife of
deceased Jagadeesh A., in it, it is clearly mentioned that
Modlagiriyappa was riding the motorcycle and deceased
Jagadeesh A., was a pillion rider. In Ex.P9 - Charge sheet
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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and it is filed against Modlagiriyappa for riding the
motorcycle in a rash and negligent manner for the
offences punishable under Sections 279 and 304(A) of IPC
and the deceased Jagadeesh A., was a pillion rider on the
said motorcycle of Modlagiriyappa. In the Inquest Mahazar
- Ex.P3 in answer to question No.3, it is mentioned that
the Modlagiriyappa was riding the motorcycle bearing
registration No.KA-06-EM-2625 and deceased was a pillion
rider on the said motorcycle. But in Ex.P5 - Postmortem
report, it is mentioned in the column under the
information received from Police that the deceased was
riding the motorcycle bearing registration No.KA-06-EM-
2625. In order to explain what is the source of information
received by the Doctor from the Police, the claimants
sought production of Form No.146(i) and 146(ii) under
I.A.No.1/2026. In the said Form No.146(i) and 146(ii)
which is given by the Police to the Doctor for conducting
postmortem examination of the dead body of the deceased
Jagadeesh A., it is mentioned that the Modlagiriyappa was
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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riding the motorcycle and deceased Jagadeesh A., was a
pillion rider on the motorcycle bearing registration No.KA-
06-EM-2625. The said documents are sought to be
produced under I.A.No.1/2026 in order to explain the
contents in Ex.P5 - postmortem report, which the Tribunal
placed reliance on in dismissing the claim petition.
Considering the said aspect, the documents sought to be
produced under I.A.No.1/2026 i.e., Form No.146(i) and
146(ii) is a relevant document and it is required for
disposal of the claim petition. Therefore, the claimants
made out a case for production of a copy of Form
No.146(i) and 146(ii). Accordingly, I.A.No.1/2026
deserves to be allowed.


10. Learned counsel for the appellants/claimants
submits that in order to prove the said Form No.146(i) and
146(ii), the claimants intend to examine the Investigating
Officer and the Doctor who conducted postmortem
examination of the dead body of the deceased Jagadeesh
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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MFA No. 1211 of 2025


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A. In order to consider the said documents, the matter
requires to be remanded to the Tribunal.


11. In view of the above, the following:
ORDER
i) The Miscellaneous First appeal and
allowed
I.A.No.1/2026 are .

ii) The Judgment and Award dated 24.01.2025
passed in MVC No.1120/2022 by the Principal
Senior Civil Judge and JMFC and MACT,
set aside.
Madhugiri is

iii) The matter is remanded to the Tribunal to
afford an opportunity to the claimants to lead
further evidence in order to prove the
documents produced under I.A.No.1/2026 i.e.,
copy of Form No.146(i) and 146(ii).

iv) Office is directed to send I.A.No.1/2026 along
with the documents to the Tribunal.

v) The parties are directed to appear before the
Tribunal on 01.12.2026 without awaiting any
Court notice.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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vi) Respondent No.2/insurer is also permitted to
lead further evidence if any.

Registry is directed to sent back the trial Court
records with a copy of this order to the Tribunal forthwith
to reach the Tribunal before the date of appearance.
Digitally Signed By:
SHIVASHANKAR BASAPPA

AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

(SHIVASHANKAR AMARANNAVAR)
JUDGE


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