Karnataka HC Remands Fatal-Crash Claim To Let Goods-Auto Owner Contest Liability With Complete Charge Sheet

Gabriel died from injuries sustained in a road accident involving a scooter, a BBMP lorry and a goods autorickshaw owned by the appellant.

The claimants alleged that both the lorry and autorickshaw were involved.

The MACT awarded compensation of ₹25,42,600 with 6% annual interest and apportioned liability equally between the lorry’s insurer and the appellant, the autorickshaw’s owner.

The appellant challenged the liability imposed on him and sought, under Order 41 Rule 27 CPC, to produce the complete charge sheet and its enclosures, asserting that CCTV-related material showed his vehicle was not involved.

The claimants had produced only the charge-sheet head, marked Ex. P11, before the Tribunal.

The Court considered the application under Order 41 Rule 27 read with Section 151 of the Code of Civil Procedure, which provides the procedural basis invoked for receiving additional evidence in appeal.

It treated the relevance of the proposed documents to the appellant’s defence, and the opportunity to establish that defence through further evidence, as grounds for allowing the application and remanding the matter.

The judgment cites no other statutory test or precedent.

The Court noted that the appellant had disputed his vehicle’s involvement before the Tribunal, while the claimants had produced only the head of the charge sheet and not its enclosures.

The complete charge sheet and accompanying material—including the material said to relate to seizure and CCTV footage—were relevant to that defence and, if established, could affect the appellant’s liability.

The Court accepted the appellant’s explanation that he believed the charge sheet produced before the Tribunal included its enclosures.

It therefore allowed the additional evidence application and ordered a remand for further evidence, without deciding whether the documents proved non-involvement.

The appellant was permitted to produce the certified complete charge sheet in C.C. No. 5014/2023 and lead further evidence; the matter was remanded to the Tribunal, and the other respondents were also permitted to lead additional evidence.

The compensation assessment remained undisturbed, and the Tribunal was directed to reconsider only liability, endeavouring to dispose of the claim within three months.

The parties were directed to appear before the Tribunal on 19 November 2026.