SRI CHETHAN KUMAR N vs SRI SATISH

Court
Karnataka High Court

- 1 -
HC-KAR
NC: 2026:KHC:60829
MFA No. 2360 of 2025


CNR: KAHC010215202025







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. 2360 OF 2025

(MV-I)

BETWEEN:


SRI CHETHAN KUMAR N
S/O NAGABHUSHAN
AGED ABOUT 36 YEARS
R/AT No.5, AVANAPURTHI VILLAGE
PERASANDRA POST, NEAR ASHWATHAKATTA
CHIKKABALLPUR(T) AND (D)-562 102.

…APPELLANT

(BY SMT. P V KALPANA, ADVOCATE FOR
SRI. SRINIVASA S B, ADVOCATE)

AND:


1. SRI SATISH
S/O SRIRAMAPPA
AGED ABOUT 29 YEARS
R/AT No.7, KONDAREDDYHALLI (V)
GUDIBANDE (T),
CHIKKABALLPUR(D)-562 102.

2. THE MANAGER
NATIONAL INSURANCE CO.LTD.,
REGIONAL OFFICE, No.144










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

- 2 -
HC-KAR
NC: 2026:KHC:60829
MFA No. 2360 of 2025


CNR: KAHC010215202025


ND
2 FLOOR, SUBHARAM COMPLEX
M.G.ROAD,
BANGALORE-560 001.

…RESPONDENTS
(BY SRI. RAGHU R, ADVOCATE FOR R1
SRI RAVISH BENNI, ADVOCATE FOR R2)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:14.12.2018
PASSED IN MVC No.5971/2016 ON THE FILE OF THE I
ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU,
AWARDING COMPENSATION OF Rs.9,52,435/- WITH INTEREST
AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL
REALIZATION.

THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT
The appellant -owner has filed a present appeal
challenging the judgment and award dated 14.12.2018
passed in MVC No.5971/2016 by I Additional Small Court
Judge and MACT, Bangalore (SCCH-11).
2. Respondent No.1 made a claim petition praying
to award compensation for the injuries sustained by him in
a road traffic accident occurred on 08.03.2016 contending
that the accident occurred due to the rash and negligent
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 3 -
HC-KAR
NC: 2026:KHC:60829
MFA No. 2360 of 2025


CNR: KAHC010215202025


driving of the driver of Tata Ace bearing registration
No.KA-40/A-1790. The Tribunal after recording the
evidence, appreciating evidence on record has assessed
compensation and awarded compensation of Rs.9,52,435/-
with interest at the rate of 9% per month from the date of
petition till realization and directed the appellant who was
respondent No.1 before the Tribunal to pay the award
amount with interest and dismissed the claim petition
against respondent No.2 –insurer. Aggrieved by the said
judgment and award dismissing the claim petition against
respondent No.2 and fastening liability on the appellant –
owner, the present appeal has been filed by the owner of
the vehicle.
3. The appellant has filed IA No.2 of 2025 under
Order 41 Rule 27 CPC read with Section 169 of Motor
Vehicles Act seeking permission to produce copy of
Insurance Policy of Tata Ace bearing registration No.KA-
40/A-1790.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 4 -
HC-KAR
NC: 2026:KHC:60829
MFA No. 2360 of 2025


CNR: KAHC010215202025


4. Heard learned counsel for appellant, learned
counsel for respondent No.1 and learned counsel for
respondent No.2.
5. Learned counsel for appellant –owner would
contend that the vehicle involved in the accident i.e., Tata
Ace bearing registration No.KA-40/A-1790 was insured
with respondent No.2 and insurance policy was valid as on
the date of accident. The insurance policy was issued on
23.10.2015. Since the vehicle involved in the accident is
insured with respondent No.2, respondent No.2 is liable to
pay the award amount with interest. She further submits
that the appellant could not produce the said document
before the Tribunal as appellant was placed ex-parte. With
this, she prayed to allow IA No.2/2025 and appeal and
remand the matter to the Tribunal.
6. Learned counsel for respondent No.2 -insurer
would contend that the liability has been fastened on the
owner as there was no insurance policy since the owner
did not contest the claim petition. The copy of the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 5 -
HC-KAR
NC: 2026:KHC:60829
MFA No. 2360 of 2025


CNR: KAHC010215202025


insurance policy now produced does not cover the risk as
the claimant was driving the insured vehicle at the time of
the accident. With these, he prays for remand of the
matter so that he can contest the matter by cross
examination of the owner with regard to the policy and
other aspects.
7. Learned counsel for respondent No.1 -claimant
submits he has no objection for remand of the matter to
the Tribunal.
8. Having heard learned counsels, the Court has
perused the impugned judgment, award and trial Court
records.
9. The appellant was owner of Tata Ace bearing
registration No.KA-40/A-1790. The appellant who was
respondent No.1 before the Tribunal has not contested the
claim petition. The appellant was placed ex-parte before
the Tribunal. The Tribunal fastened the liability on the
appellant/owner on the ground that the vehicle involved in
the accident is not insured. The appellant has filed IA
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 6 -
HC-KAR
NC: 2026:KHC:60829
MFA No. 2360 of 2025


CNR: KAHC010215202025


No.2/2025 under Order 41 Rule 27 CPC read with Section
169 of the Motor Vehicles Act praying permission to
produce copy of insurance policy of vehicle bearing
registration No.KA-40/A-1790. In the affidavit filed in
support of the application, the appellant has stated that he
was not aware of filing of claim petition and therefore,
unable to appear before the Tribunal and produce the
insurance policy. Considering the said aspect, the
appellant/owner has made out a case for grant of
permission to produce copy of insurance policy of Tata Ace
bearing registration No.KA-40/A-1790. Whether the said
insurance policy covers the risk and whether the insurer is
liable to pay the award amount, the matter requires to be
enquired with therefore, for that purpose the matter
requires to be remanded for affording opportunity to the
parties to lead evidence/further evidence with regard to
who is liable to pay the compensation assessed by the
Tribunal.
10. In view of the above, the following
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 7 -
HC-KAR
NC: 2026:KHC:60829
MFA No. 2360 of 2025


CNR: KAHC010215202025


ORDER
allowed.
i) The appeal and IA No.2/2025 are is

ii) The finding of the Tribunal fastening the liability
on the appellant (respondent No.1 before the
Tribunal) to pay the award amount in the
judgment and award dated 14.12.2018 passed
in MVC No.5971/2016 by I Additional Small
Court Judge and MACT, Bangalore (SCCH-11) is
set aside.

iii) The matter is remanded to the Tribunal only to
consider the liability to pay the award amount.

iv) The parties are at liberty to lead
evidence/further evidence.

v) The parties are directed to appear before the
Tribunal without awaiting any Court notice on
01.12.2026.

vi) Office is directed to send trial Court record
along with IA No.2/2025 and document
produced along with it to the Tribunal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 8 -
HC-KAR
NC: 2026:KHC:60829
MFA No. 2360 of 2025


CNR: KAHC010215202025



vii) If the appellant succeeds, the appellant shall
pay the interest for the delay period of 1488
days.

Digitally Signed By:
SHIVASHANKAR BASAPPA

AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

(SHIVASHANKAR AMARANNAVAR)
JUDGE

DSP
List No.: 1 Sl No.: 17
Ct.sm