- 1 - HC-KAR NC: 2025:KHC-K:5674-DB MFA No. 200864 of 2022 C/W MFA.CROB No. 200058 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCL. FIRST APPEAL NO.200864 OF 2022 (MV-D) C/W MFA CROSS OBJ. NO.200058 OF 2023 (MV-D) IN MFA No.200864/2022: BETWEEN: 1(A). NAGRAJ S/O SHANKAR DESHMUKH DIED BY HIS LR'S LEGALLY WEDDED WIFE ELIZABETH W/O LATE NAGRAJ DESHMUKH, AGE: MAJOR, OCC: HOUSEHOLD, R/O. PLOT NO.41, ZIYAN COLONY, KUMBARWADA ROAD, BIDAR-585 401. 1(B). SHRUSTI D/O LATE NAGARAJ, AGE: 16 YEARS, OCC: STUDENT, 1(C). VINAYAK S/O LATE NAGARAJ, AGE: 13 YEARS, OCC: STUDENT, BOTH MINORS U/G MOTHER ELIZABETH W/O LATE NAGRAJ, AGE: MAJOR, OCC: HOUSEHOLD, R/O. PLOT No.41, ZIYAN COLONY, KUMBARWADA ROAD, BIDAR-585 401. …APPELLANTS (BY SRI. SANDEEP VIJAYKUMAR, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:5674-DB MFA No. 200864 of 2022 C/W MFA.CROB No. 200058 of 2023 AND: 1. SOMNATH S/O DADASO TAKAWANE, AGE: MAJOR, OCC: BUSINESS OWNER OF TRACTOR MH-42/Q0309, R/O. A/P PARGAON, T. DAUND, DIST. PUNE, MAHARASHTRA-412 203, (OWNER OF VEHICLE). 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., 77, BLOCK NO.403, GERA NEAR BISHOP SCHOOL, KALYANI NAGAR, PUNE, MAHARASHTRA-560 063. …RESPONDENTS (BY SMT. ANURADHA M. DESAI, ADV. FOR R2; V/O DTD. 31.07.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S. 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO A) CALL FOR THE RECORDS IN MVC NO.71/2018 IN THE COURT OF THE ADDL. MACT AND ADDL. SENIOR CIVIL JUDGE AND CJM AT BIDAR. B) TO ENHANCE THE AMOUNT BY MODITY THE JUDGMENT AND AWARD DATED 16.06.2020 PASSED IN MVC NO.71/2018 IN THE COURT OF THE ADDL. MACT AND ADDL. SENIOR CIVIL JUDGE AND CJM AT BIDAR. IN MFA CROB. No.200058/2023: BETWEEN: THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., 77, BLOCK No.403, GERA, NEAR BESHOP SCHOOL, KALYANI NAGAR, PUNE, MAHARASHTRA, NOW AT 2ND FLOOR, TEGNOOR COMPLES, OPP. SANGAM THEATER, SUPER MARKET, S.B. TEMPLE ROAD, KALABURAGI-585 102. …CROSS OBJECTOR (BY SMT. ANURADHA M. DESAI, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-K:5674-DB MFA No. 200864 of 2022 C/W MFA.CROB No. 200058 of 2023 AND: 1. SOMNATH S/O DAFASO TAKAWANE, AGE: MAJOR, OCC: BUSINESS OWNER OF TRACTOR MH-42/Q-0309, R/O. A/P. PARGAON, TQ. DOUND, DIST. PUNE-412 203. 2. NAGARAJ S/O SHANKAR DESHMUKH, AGE: 34 YEARS, OCC: BUSINESS, R/O. PLOT No. 41, ZIYAN COLONY, KUMBARWADA ROAD, BIDAR-585 403. SINCE DECEASED THROUGH HIS LRS. 2(A). ELIZABETH W/O LATE NAGARAJ DESHMUKH, AGE: MAJOR, OCC: HOUSEHOLD, 2(B). SHRUSTI D/O LATE NAGARAJ DESHMUKH, AGE: 16 YEARS, MINOR, OCC: STUDENT, 2(C). VINAYAK S/O LATE NAGARAJ DESHMUKH, AGE: 13 YEARS, MINOR, OCC: STUDENT, RESPONDENTS 2(B) AND (C) ARE MINORS, U/G OF NATURAL MOTHER 2(A), RESPONDENTS No.2(A) TO (C) ALL R/O. PLOT No.41, ZIYAN COLONY, KUMBARWADA ROAD, BIDAR-585 403. …RESPONDENTS (BY SRI. SANDEEP VIJAYKUMAR, ADV. FOR R2(A); R2(B AND C) ARE MINORS REP. BY R2(A); R1-SERVED) THIS MFA CROB. IS FILED U/S. 41 RULE 22 OF CPC, PRAYING TO A) CALL FOR THE RECORDS IN MVC NO.71/2018 ON THE FILE OF ADDL. MACT AND ADDL. SENIOR CIVIL JUDGE AND CJM AT BIDAR DATED 11.06.2020. B) TO DISMISS THE CLAIM PETITION AS AGAINST THIS RESPONDENT AND SET ASIDE THE JUDGMENT AND AWARD DATED 11.06.2020 PASSED IN MVC No.71/2018 ON THE FILE OF THE ADDL. MACT - 4 - HC-KAR NC: 2025:KHC-K:5674-DB MFA No. 200864 of 2022 C/W MFA.CROB No. 200058 of 2023 AND ADDL. SENIOR CIVIL JUDGE AND CJM AT BIDAR AND ALLOW THIS CROSS OBJECTION AS CLAIMED BY THE CROSS OBJECTOS BEFORE THIS COURT. THIS APPEAL AND THE CROSS OBJECTIONS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH AND HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M.NADAF) This appeal as well as Cross objection are by the claimants/appellants and insurer respectively, calling in question the judgment and the award dated 16.06.2020 passed in MVC.No.71/2018 by the Addl. MACT & Addl. Senior Civil Judge and CMJ, Bidar, only on the quantum. 2. The date of accident, injury suffered by Nagraj S/o.Shankar Deshmukh and his death subsequent to injuries suffered, involvement of vehicle and liability to pay compensation are not in dispute. The only dispute is with regard to quantum of compensation. - 5 - HC-KAR NC: 2025:KHC-K:5674-DB MFA No. 200864 of 2022 C/W MFA.CROB No. 200058 of 2023 3. Heard Sri. Sandeep Vijaykumar, learned counsel appearing for the appellants/claimants and Smt. Anuradha M. Desai, learned counsel appearing for cross objector/insurer. 4. Sri Sandeep Vijaykumar, submits that, after filing of this appeal, the injured Nagaraj expired, survived by his wife and children. Subsequently, an application came to be filed, was allowed permitting the LRs of deceased to come on record. It is submitted on behalf of learned counsel Sri. Vijaykumar that they have filed application seeking for producing additional documents, wherein they have produced the death certificate showing the date of death as 24.07.2021 before filing the appeal. The appeal is filed only by the wife as legal representative. The wife appeared on behalf of the injured as next friend, in the plaint claim petition before the Tribunal. Subsequently, on application, the children were also brought on record. In the additional documents, the learned counsel has produced the death certificate, the - 6 - HC-KAR NC: 2025:KHC-K:5674-DB MFA No. 200864 of 2022 C/W MFA.CROB No. 200058 of 2023 discharge summary as well as post-mortem clearly depicting the injury and the appellant was in coma and the breathed his last on 24.07.2021. In these circumstances, the documents produced requires re-consideration to prove the nexus to the injuries resulting in the death and accordingly sought to allow the application, permit the appellants to produce all these documents and remand the matter, providing an opportunity to lead evidence on these documents to both the parties. 5. Refuting the submissions of the learned counsel appearing for the appellants, Smt. M. Anuradha M.Desai for cross objector with all vehemence submits that the death of the injured occurred during the pendency of the petition. As such, the petition itself is not maintainable. Accordingly, the appeal is also not maintainable. The legal representatives have not disclosed anything regarding the death in the application filed seeking to bring the LRs on record, the wife filed the appeal as legal representative, but there is nothing in the appeal stating the death of the - 7 - HC-KAR NC: 2025:KHC-K:5674-DB MFA No. 200864 of 2022 C/W MFA.CROB No. 200058 of 2023 injured. This clearly shows that the death has occurred during the dependency of the claim petition. Accordingly, sought to dismiss the appeal. 6. Having heard the learned counsel appearing for the parties, perused entire appeal papers including the I.A. filed seeking for production of additional documents. 7. The only point that would arise for our consideration is : Whether the appellants have made out a case to allow the application filed under Order 41 rule 27 to produce documents and in the event the application is allowed? whether they have made out a case to remand the matter for consideration by affording opportunity to both the parties on the said documents? 8. Our answer to the above point for consideration is in affirmative for the following: - 8 - HC-KAR NC: 2025:KHC-K:5674-DB MFA No. 200864 of 2022 C/W MFA.CROB No. 200058 of 2023 REASONS 9. Though the learned counsel for the Cross- objector/insurer has taken the contention that the death has occurred during the pendency of the petition, but after going through the death certificate, which clearly depicts the date of death i.e. on 24.07.2021, the injured succumbed to the injuries while in the treatment, he was in coma as per the claimants. The postmortem report which is produced clearly shows that the death has occurred due to complications of multiple injuries. Under the head external appearance of body, the doctor who has conducted the autopsy has recorded that the bedsore present on both scapular region, both legs, posterior aspect with evidence of infection, evidence of tracheostomy present on the lower part of neck, anterior aspect multiple scar marks of varying size and shape present on both lower limbs, whole body is shining. In these circumstances, on prima-facie value a case is that the injured died under treatment. The document produced - 9 - HC-KAR NC: 2025:KHC-K:5674-DB MFA No. 200864 of 2022 C/W MFA.CROB No. 200058 of 2023 requires oral evidence of the doctor to substantiate the same. The documents produced required to undergo test of examination interms of evidence Act. In order to find out the nexus to the death whether due to the accidental injury, otherwise which would enable the claimants to seek compensation. 10. In these circumstances, we are of the considered opinion that the claimants have made out a case to allow the application filed under Order 41 Rule 27 and accordingly the application filed to produce additional evidence is allowed. The documents are taken on record. In view of allowing the application, the matter requires reconsideration before the Tribunal to testify the veracity of the said documents. Accordingly, the matter stands remitted before the Tribunal to consider the case afresh on the basis of the records to come to the conclusion that whether the death has any nexus with the injury suffered and for entitlement of compensation claimed by the appellants. Accordingly, we proceed to pass the following: - 10 - HC-KAR NC: 2025:KHC-K:5674-DB MFA No. 200864 of 2022 C/W MFA.CROB No. 200058 of 2023 ORDER i) The appeal in MFA CROB No.200058/2023 does not survive for consideration. ii) The application filed under Order 41 Rule 27 seeking to produce the documents is allowed. The documents are taken on record. The appeal in MFA.No.200864/2022 is hereby allowed and remanded. iii) The judgment and award passed by the Tribunal in MVC No.71/2018, dated 16.06.2020 is modified and matter remanded only for the purpose of examining the documents taken on record produced along with the application supra. Since the matter is of the year 2018 and the accident has occurred in the year 2018 arising out of the accident occurred on 31.10.2017. The Tribunal is requested to dispose off the matter within 6 months from the date of receipt of copy of this order, by affording - 11 - HC-KAR NC: 2025:KHC-K:5674-DB MFA No. 200864 of 2022 C/W MFA.CROB No. 200058 of 2023 both the parties appropriate opportunities to lead evidence. iv) The parties are directed to appear before the Tribunal concerned without waiting for any further notice from the Tribunal. v) The Tribunal shall make all endeavors to dispose of the appeal in the time bond manner stated supra. The parties are directed to co-operate with the trial. The above the matter stands remitted only for consideration of the documents, in order to come to the conclusion regarding the proximate nexus of death having another nexus with accidental injuries and the entitlement of compensation. vi) No order has to costs. vii) The office is directed to transmit the trial Court records to the concerned Tribunal forthwith without causing any further delay, since the date fixed for appearance of the party. The registry to transmit the - 12 - HC-KAR NC: 2025:KHC-K:5674-DB MFA No. 200864 of 2022 C/W MFA.CROB No. 200058 of 2023 record to the concerned Tribunal before the date fixed for appearance supra. Sd/- (H.P.SANDESH) JUDGE Sd/- (T.M.NADAF) JUDGE SMP List No.: 1 Sl No.: 30 CT: AK