- 1 - HC-KAR NC: 2025:KHC:30695 MFA No. 4431 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4431/2015 (MV-I) BETWEEN: BASAVARAJA, S/O DODDEGOWDA, AGED ABOUT 30 YEARS, R/O VITTALA PURA VILLAGE, KASABA HOBLI, ARASIKERE TALUK, HASSAN DISTRICT-573 116. …APPELLANT (BY SRI. K R LINGARAJU., ADVOCATE) AND: 1. MAHALINGAPPA, S/O GANGANNA, AGED ABOUT 40 YEARS, R/O NO.40/A, 4TH CROSS, SRIRAMANAGAR, ITTAMADU, 3RD STAGE, BANGALORE-560 085. 2. MANAGER, SRI RAMA GENERAL INSURANCE CO. LTD., E-8, EPIP/RIICO INDUSTRIAL AREA, SEETAPURA, JYPUR, RAJASTHAN-302 022. …RESPONDENTS (BY SRI. A N KRISHNA SWAMY, ADVOCATE FOR R2, R1 SERVED) Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30695 MFA No. 4431 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:12.02.2015 PASSED IN MVC NO.808/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, MACT, ARSIKERE, DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 12.02.2015 passed in MVC Nos.808/2013 on the file of Senior Civil Judge & JMFC, MACT, Arsikere. 2. Learned counsel for appellant is present. Learned counsel for respondents remained absent. 3. Learned counsel for appellant contended that the accident occurred on 07.09.2012. The trial court observed as per the extract of MLC register that the accident occurred on 06.09.2012. It is submitted that RW1 who gave first aid treatment stated that he examined the - 3 - HC-KAR NC: 2025:KHC:30695 MFA No. 4431 of 2015 petitioner on 06.09.2012 but in other documents Ex.P1 to P5 date of accident is shown as 07.09.2012. Hence, as there was discrepancy in the date of accident and thus the trial court had dismissed the application. Against the said order, this appeal is preferred. 4. Learned counsel for the appellant further contended that the tribunal has not considered the other documents and relied upon MLC register only and the same is not proper. It is further contended that initially the appellant was admitted to the hospital on 07.09.2012 and on the same day he was discharged and was admitted in the private hospital and now he intended to examine the doctor who treated him in the private hospital to substantiate his version and thus requested this court to remand the matter. 5. It is further stated that the appellant was unconscious and was unable to move anywhere. His father was also busy along with the petitioner. The treatment - 4 - HC-KAR NC: 2025:KHC:30695 MFA No. 4431 of 2015 was done in Arasikere Hassan and also in Bangalore, as such, he could not file complaint on the date of accident. 6. The tribunal dismissed the appeal on the ground that there was discrepancy in the date of accident, but the appellant herein intended to establish the date of accident as 07.09.2012 by examining the doctor who treated him in a private hospital on the same day. Therefore, this court finds that it is just and reasonable to remand the matter with a permission to adduce medical evidence on his behalf. Tribunal is directed to record the medical evidence and also to dispose of the matter afresh by duly considering the evidence and arguments of both sides on record, afresh, within 3 months from the date of this order. Accordingly, this appeal is allowed and remanded back to the tribunal. Registry is directed to send the records in 10 days. - 5 - HC-KAR NC: 2025:KHC:30695 MFA No. 4431 of 2015 The parties are directed to appear before the tribunal on 01.09.2025. Sd/- (P SREE SUDHA) JUDGE AKV List No.: 1 Sl No.: 57