SRI. NARASE GOWDA vs SRI. JAMES N
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:58963
MFA No. 7740 of 2025
CNR: KAHC010679892025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 7740 OF 2025
(MV-D)
BETWEEN:
SRI. NARASE GOWDA
AGED ABOUT 60 YEARS,
S/O HATTI GOWDA,
RD
R/AT NO. 90, 3 MAIN,
TH
9 CROSS, KAVERIPURA,
KAMAKSHIPALYA
BASAVESHWARA NAGAR,
BENGALURU - 560 079.
…APPELLANT
(BY SRI. RAMESH K R, ADVOCATE)
AND:
1. SRI. JAMES N
S/O JHANASHEKAR
AGED ABOUT 59 YEARS
2. SMT MARY
W/O JAMES N
AGED ABOUT 51 YEARS
3. MISS. LYDIA J
D/O JAMESH N
AGED ABOUT 25 YEARS
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58963
MFA No. 7740 of 2025
CNR: KAHC010679892025
RESPONDENTS No.1 TO 4 ARE
RESIDING AT No. 194,
RD
3 CROSS, BYRAVESHWARA NAGAR
BENGALURU NORTH
BENGALURU 560 072.
4. MISS NISHIYA J
D/O JAMESH N,
AGED ABOUT 19 YEARS
RESPONDENTS No.1 TO 4 ARE
RESIDING AT NO. 194,
RD
3 CROSS, BYRAVESHWARA NAGAR,
BENGALURU NORTH,
BENGALURU 560 072.
5. THE COMMISSIONER
BRUHATH BENGALURU
MAHANAGARA PALIKE,
BBMP, N R SQUARE,
BENGALURU - 560 002.
6. GO DIGIT GENERAL INSURANCE CO. LTD.,
TH
ATLANTIS, No. 95, 4 B CROSS ROAD
KORAMANGALA INDUSTRIAL LAYOUT
TH
5 BLOCK, BENGALURU - 560 095.
…RESPONDENTS
(BY SRI. A S GIRISH, ADVOCATE FOR R1 TO R4
SRI B S KARTHIKEYAN, ADVOCATE FOR R5
SRI MURALIDHAR NEGAVAR, ADVOCATE FOR R6)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:20.02.2025
PASSED IN MVC No.983/2023 ON THE FILE OF THE VII
ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER,
MACT-3, COURT OF SMALL CAUSES, BENGALURU, AWARDING
COMPENSATION OF Rs.25,42,600/- WITH INTEREST AT 6
PERCENT P.A. FROM THE DATE OF PETITION TILL ITS
REALIZATION.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58963
MFA No. 7740 of 2025
CNR: KAHC010679892025
THIS APPEAL, COMING ON FOR FINAL HEARING THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the owner of the Goods Auto
Rickshaw bearing No.KA-02-AF-4680 challenging the
judgment and award dated 20.02.2025 passed in MVC
No.983/2023 by the VII Additional Small Causes Judge,
Court of Small Causes and Member, MACT-3, Bengaluru.
2. Appellant was respondent No.3, respondent Nos.1
to 4 were claimants and respondent No.5 being the owner
of BBMP Lorry bearing No.KA-41-C-1027 was respondent
No.1 and respondent No.6 being the insurer of the said
lorry was respondent No.2 before the Tribunal. The
parties will be referred to as per their rank before the
Tribunal for the sake convenience.
3. The claimant made a claim petition praying to
award compensation for the death of Gabriel in a road
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58963
MFA No. 7740 of 2025
CNR: KAHC010679892025
traffic accident occurred on 20.10.2022 contending that
the accident occurred due to rash and negligent driving of
driver of Goods Auto Rickshaw bearing Regn.No.KA-02-AF-
4680 and BBMP lorry bearing No.KA-41-C-1027. The
Tribunal after recording the evidence of the parties,
appreciating the evidence assessed the compensation and
awarded total compensation of Rs.25,42,600/- with
interest @ 6% p.a. from the date of petition till realization.
The Tribunal held that respondent No.2/insurer of BBMP
lorry and respondent No.3/owner of Goods Auto Rickshaw
are liable to pay 50% of the award amount each. The
appellant being the owner of the said Goods Auto
Rickshaw has challenged the liability fastened on him to
pay 50% of the award amount in the present appeal.
4. Appellant has filed I.A.2/2026 under Order 41 Rule
27 r/w Section 151 of CPC seeking production of additional
documents i.e. certified copy of complete charge sheet in
C.C.No.5014/2023 as additional evidence.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58963
MFA No. 7740 of 2025
CNR: KAHC010679892025
5. Heard learned counsel for the appellant, learned
counsel for respondent Nos.1 to 4/claimants, learned
counsel for respondent No.5/owner of BBMP lorry and
learned counsel for respondent No.6/insurer of the said
lorry.
6. Learned counsel for the appellant would contend
that entire charge has not been produced before the
Tribunal by the claimants and only the head of the charge
sheet has been produced. Appellant was under impression
that the entire charge sheet has been produced before the
Tribunal and contested the matter without producing
entire charge sheet. The appellant now has obtained the
certified copy of entire charge sheet and seeking
production of the same in this appeal. He further submits
that CD containing CCTV footage has been seized by the
investigating Officer under mahazar and the contents of
the said mahazar and the CD clearly indicate only
involvement of BBMP lorry in the accident and the Goods
Auto Rickshaw is not involved. The production of the said
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58963
MFA No. 7740 of 2025
CNR: KAHC010679892025
charge sheet material clearly establish the defense of the
appellant that his vehicle is not involved. The said
document sought to be produced with the application
seeking production of additional evidence is relevant and
admissible document. With this he prayed to allow the
application and remand the matter to the Tribunal by
fixing time frame for disposal of the claim petition.
7. Learned counsel for respondent Nos.1 to
4/claimants contend that the appellant has contested the
matter, lead evidence, cross-examined the claimants’
witnesses and was aware of the charge sheet and its
material as he was accused No.3 in the said charge sheet.
The appellant has pleaded guilty in the said criminal case
registered against him for having handed over his vehicle
to a person who was not holding driving license. The
Tribunal based on evidence on record has rightly passed
the impugned judgment. The amount deposited by the
insurer of BBMP lorry of its liability has been withdrawn by
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58963
MFA No. 7740 of 2025
CNR: KAHC010679892025
the claimants. With this he prayed to dismiss the
application and also the appeal.
8. Learned counsel for respondent No.6/insurer of
BBMP lorry would contend that the appellant has contested
the claim petition before the Tribunal, lead the evidence
and as an after thought he has filed this appeal and
application seeking production of additional evidence. The
appellant was aware of the charge sheet and its contents
as he is one of the accused in the said criminal case. The
insurer of BBMP lorry has satisfied the award by depositing
entire liability. With this he prayed to dismiss the appeal
and application.
9. Having heard the learned counsels, the Court has
perused the judgment, award and trial Court records and
I.A.2/2026 and objections filed by respondent Nos.1 to 4
to the said application and also the documents enclosed to
the said application. The following point arise for
consideration:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58963
MFA No. 7740 of 2025
CNR: KAHC010679892025
Whether the appellant has made out a
case for production of additional evidence by
way of documents as sought in I.A.2/2026?
10. The accident occurred on 20.10.2022 at 11.50
a.m. The deceased Gabriel was proceeding on his Scooter
and at that time it is alleged that the Goods Auto Rickshaw
of the appellant came in contact with the Scooter in which
Gabriel was going and he fell down and the BBMP lorry ran
over the said Gabriel, as a result, he sustained fatal
injuries and succumbed to the injuries in the hospital. The
police after registering FIR in Cr.No.207/2022 of
Byatarayanapura Police Station against the driver of the
Lorry Mahesh Chandra, have conducted the investigation
and filed the charge sheet. The head of the charge sheet
has been produced by the claimants and it is marked as
Ex.P11. The material statement and documents which are
part of the charge sheet have not been produced by the
claimants. The said charge sheet has been filed against
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58963
MFA No. 7740 of 2025
CNR: KAHC010679892025
the BBMP lorry driver and driver of Goods Autorickshaw
and the appellant.
11. The appellant contended before the Tribunal that
his vehicle is not involved in the accident and lead
evidence in that regard. Now the appellant has produced
charge sheet and its enclosures with I.A.2/2026 seeking
production of the same as additional evidence.
12. Learned counsel for the appellant contend that
seizure mahazar of the CD and contents of the CD which
contains the CCTV footage clearly indicate non-
involvement of the vehicle of the appellant. If the said
aspect is established the appellant will not be liable to pay
the compensation to the claimants. In order to establish
the said defense, the said documents produced along with
I.A.2/2026 are necessary.
13. Considering the said aspect, the documents
sought to be produced under I.A.2/2026 are relevant
documents. The reason put forth by the appellant for not
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58963
MFA No. 7740 of 2025
CNR: KAHC010679892025
producing the said documents before the Tribunal is that
the appellant was under impression that charge sheet has
been produced and it contains all its enclosures. Even
though the charge sheet has been produced by the
claimants before the Tribunal, but all its enclosures have
not been produced. Considering the said aspect, the
appellant has made out a case for production of the charge
sheet as additional evidence as sought in I.A.2/2026.
Therefore, I.A.2/2026 deserves to be allowed. Accordingly,
I.A.2/2026 is allowed. The appellant has to lead evidence
on the documents produced to substantiate his defense
and for that, the matter requires to be remanded to the
Tribunal for affording an opportunity to the appellant to
establish his defense. In view of the above, the following:
ORDER
.
i) The appeal is allowed in part
ii) I.A.2/2026 filed under Order 41 Rule 27 r/w
151 of CPC is allowed.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58963
MFA No. 7740 of 2025
CNR: KAHC010679892025
iii) The appellant is permitted to produce the
documents enclosed with the application as
additional evidence i.e. certified copy of the
complete charge sheet in C.C.No.5014/2023
and lead further evidence on the said
documents.
iv) The matter is remanded to the Tribunal for
the said purpose with a direction to give an
opportunity to the appellant (respondent No.3
before the Tribunal).
v) Registry is directed to send a copy of this
order along with I.A.2/2026 and documents
produced with the application to the Tribunal.
vi) Parties are directed to appear before the
Tribunal on 19.11.2026 without awaiting any
Court notice.
vii) The Tribunal shall make endeavour to dispose
of the claim petition within a period of three
months.
viii) The compensation assessed by the Tribunal
remain undisturbed by this Court.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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NC: 2026:KHC:58963
MFA No. 7740 of 2025
CNR: KAHC010679892025
ix) The Tribunal has to consider only liability of
the respondents to pay the compensation
assessed.
x) The other respondents are permitted to lead
additional evidence, if any.
xi) The amount deposited by the appellant
before the Tribunal is ordered to be kept in
fixed deposit with Karnataka Bank, City Civil
Branch, Bengaluru, for a period of one year
with auto renewal instructions.
xii) The amount deposited by the appellant
before this Court is ordered to be transferred
to the Tribunal and the same shall be kept in
fixed deposit with Karnataka Bank, City Civil
Branch, Bengaluru, for a period of one year
with auto renewal instructions.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
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Ct.sm