- 1 - HC-KAR NC: 2025:KHC:24782-DB MFA No. 3934 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO.3934 OF 2016 (MV-I) BETWEEN: PRADEEP KRISHNA, S/O KRISHNA PRASAD BHAT, AGED ABOUT 20 YEARS, R/AT SAMEGULI HOUSE, URUVALU VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DIST. EARLIER REPRESENTED BY FATHER/GUARDIAN KRISHNA PRASAD BHAT, S/O. MAHALINGA BHAT, R/AT SAMEGULI HOUSE, URUVALU VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DIST. …APPELLANT (BY SRI. KESHAVA BHAT A., ADV.) [Guardian appointed is discharged vide order dated 12.02.2025.] AND: 1. BABU GOWDA S/O MAILAPPA GOWDA, AGED ABOUT 34 YEARS, R/O DOOR NO.71, MADUSHREE NILAYA, Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24782-DB MFA No. 3934 of 2016 DARKASHU HOUSE, KARAYA VILLAGE, KARAYA POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574211. 2. UNITED INDIA INSURANCE COMPANY LIMITED, SALDANA BUILDING, BRIDGE ROAD, BALMATTA, D.K.MANGALORE-575001, REPRESENTED BY ITS MANAGER. …RESPONDENTS (BY SRI. O MAHESH, ADV. FOR R2, NOTICE TO R1 IS SERVED.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 08.02.2016 PASSED IN MVC NO.155/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MACT, BELTHANGADI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE G BASAVARAJA) Appellant/claimant has preferred this appeal against the judgment and award dated 08th February, 2016 passed in MVC No.155 of 2015 by the Principal Senior Civil Judge and Motor Accident Claims Tribunal, Belthangadi (for short, hereinafter - 3 - HC-KAR NC: 2025:KHC:24782-DB MFA No. 3934 of 2016 referred to as the "Tribunal"), seeking enhancement of compensation. 2. The claim petition was filed on behalf of minor Master Pradeep Krishna aged 10 years by his father and next friend, seeking compensation for injuries suffered by the minor in the road traffic accident that took place on 11th August, 2014. The Tribunal allowed the claim petition in part and awarded compensation of Rs.8,00,941/- with interest at 6% per annum from the date of petition till realisation. 3. Sri A Keshav Bhat, learned Counsel appearing for the appellant-claimant submits that the Tribunal has erred in awarding the meagre compensation. He would submit that out of the total compensation awarded, Rs.6,40,941/- is towards medical expenses itself and has awarded compensation of Rs.1,10,000/- towards pain and agony and Rs.50,000/- towards loss of amenities. He would submit that the Tribunal has not granted any compensation to the claimant towards disability of 55% of left leg, mental shock and agony suffered by the injured. He would submit that the Tribunal has erred in holding that the applicant has not examined the doctor who treated the claimant pertaining to the injury, whereas doctor - 4 - HC-KAR NC: 2025:KHC:24782-DB MFA No. 3934 of 2016 was examined before the Tribunal and same is very much available on record. His further submission is that the Tribunal has not awarded any compensation towards loss of future earning. The appellant-claimant was student studying in 5th standard as on the date of accident and the said accident has permanently damaged his left leg due to which he cannot walk as he used to earlier, and has to limp lifelong. The same has made him to suffer comforts in life and also the earning capacity has been reduced. Therefore, he submits that the Tribunal should have awarded compensation towards loss of future earnings due to permanent disability. Further, the Tribunal has not awarded proper compensation towards food, nutrition, attendant charges, and other miscellaneous expenses. The learned Counsel would submit that the claimant was hospitalised for 84 days and even after discharge from the hospital, he is under continuous treatment and also was on bed rest for six months. He would further submit that in the month of June, 2024, the doctor has advised him to take treatment by the doctors at AJ Hospital and Research Centre, Mangalore. Accordingly, as per the advice of the doctor, he was admitted to AJ Hospital and - 5 - HC-KAR NC: 2025:KHC:24782-DB MFA No. 3934 of 2016 Research Centre at Mangalore on 17th June 2024, and was discharged on 20th June 2024. Again, he was admitted to the said hospital on 8th July 2024, and was there as an inpatient till 27th July 2024 for a total period of 23 days and has spent Rs.2,61,932/- for further treatment. In this regard, Appellant has filed an Application in IA.III of 2024 under Order XLI Rule 27 read with Section 151 of Code of Civil Procedure, along with it 19 documents such as medical bills, discharge summary, test reports, etc. are also produced. He submits that these documents are very much required to adjudicate the matter in dispute and hence sought to remand matter to the Tribunal for providing an opportunity to the claimant to produce additional documents and to adduce evidence. Hence, he sought to allow the Application. 4. Sri O. Mahesh learned Counsel appearing for the Insurance company, fairly accedes to remand the matter to the Tribunal. 5. We have examined the materials placed before us. It is not in dispute that the claimant was minor and aged 10 years as on the date of accident and as on the date of filing the claim - 6 - HC-KAR NC: 2025:KHC:24782-DB MFA No. 3934 of 2016 petition. The Tribunal has not awarded any compensation towards permanent disability of the injured. Tribunal has also not awarded just compensation under other heads like loss of future earning due to permanent disability, loss of earning during laid-up period, towards food, nutrition, conveyance and attendant charges, etc. Perusal of the Application filed under Order XLI Rule 27 of Code of Civil Procedure makes it clear that the appellant-claimant intends to produce additional documents annexed as documents 1 to 19 and to adduce evidence. Copies of the documents are also produced along with the Application. Considering the facts and circumstances of the case, the proposed documents are very much necessary to adjudicate the matter in dispute. These medical bills are subsequent to the Judgment and award passed by the Tribunal. 6. Under the facts and circumstances of the case, without expressing any opinion on the merits of the case, it is necessary to remand the matter to the Tribunal to provide an opportunity to the appellant/claimant to produce additional documents and to adduce additional evidence. In the result, we proceed to pass the following: - 7 - HC-KAR NC: 2025:KHC:24782-DB MFA No. 3934 of 2016 O R D E R i) Application in IA.III of 2024 filed by the appellant-claimant under Order XLI Rule 27 read with Section 151 of Code of Civil Procedure, is allowed; ii) Judgment and award dated 8th February 2016, passed in MVC No.155 of 2015 by the Principal Senior Civil Judge and Motor Accident Claims Tribunal, Belthangadi, is set aside; iii) Matter is remitted back to the Tribunal to provide opportunity to the appellant-claimant to produce additional documents and to adduce additional evidence, if any, and after adducing of evidence on behalf of appellant/claimant, respondents are also liberty to adduce evidence, if any, on their behalf; 4. Both the parties shall appear before the Tribunal without waiting for any notice in this - 8 - HC-KAR NC: 2025:KHC:24782-DB MFA No. 3934 of 2016 regard from the Tribunal on 01st September 2025; iv) Tribunal is also requested to dispose of the matter as expediently as possible, as the matter is of the year 2016. v) Registry to send back the trial court records along with the copy of this Judgment to the concerned court forthwith. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 62