- 1 - HC-KAR NC: 2025:KHC:38055 MFA No. 6045 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P. SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.6045/2015 (MV-I) BETWEEN: LALITHA L W/O U.B. NAGARAJU AGED ABOUT 39 YEARS R/O NO.374, 12TH CROSS CHAMUNDESHWARI NAGARA MANDYA CITY-571401. …APPELLANT (BY SRI. SREENIVASAN M.Y. ADV.,) AND: 1. U.R. RAMAKRISHNA S/O U.K. RAMU MAJOR R/O UMMADAHALLI VILLAGE MANDYA TALUK & DISTRICT-571409. 2. THE BRANCH MANAGER THE ORIENTAL INSURANCE CO. LTD. M.H. BORAIAH BUILDING V.V. ROAD, MANDYA-571401 …RESPONDENTS (BY SRI. V.N. MADHAVA REDDY & SRI. B.M. KENCHEGOWDA, ADVS., FOR R1 SRI. B.M. UMESH, ADV., FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO CALL FOR RECORDS IN II ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT AT MANDYA IN MVC NO.126/2011 ON 27.02.2015. ALLOW THIS APPEAL AND MODIFY THE JUDGMENT PASSED BY Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:38055 MFA No. 6045 of 2015 II ADDL. SENIOR CIVIL JUDGE & ADDL. MACT AT MANDYA IN MVC NO.126/2011 ON 27.02.2015, THEREBY ENHANCING THE COMPENSATION SUITABLY WITH INTEREST AND GRANT SUCH OTHER RELIEFS IN FAVOUR OF THE APPELLANT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. 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 preferred against the judgment and order dated 27.02.2015 passed in MVC No.126/2011 by the II Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal, Mandya, (for short, 'Tribunal'). The injured-claimant filed claim petition claiming compensation of Rs.7,50,000/-. The Tribunal considering the entire evidence on record, dismissed the claim petition. Aggrieved by the said order, this appeal is preferred. 2. Heard both sides. - 3 - HC-KAR NC: 2025:KHC:38055 MFA No. 6045 of 2015 3. I.A.No.1/2018 is filed seeking permission to permit the appellant to produce the additional documents i.e., B Register Extract of KA-11-L-2817 and B Register Extract of KA-11-E-2817. 4. Learned counsel for the appellant submitted that the rider of vehicle bearing KA-11-E-2817 was riding the vehicle in rash and negligent manner and dashed against the appellant/petitioner, but in the police records and in the IMV report, it is mentioned as KA-11-L-2817. He filed the B Register Extracts of both the vehicles and further stated that the B Register Extract of KA-11-E-2817 belongs to one Ramakrishna U.R. Therefore, requested this Court to receive the said documents. 5. Learned counsel for the respondents opposed the same on the ground that the appellant has not taken any steps for amendment of the main appeal. - 4 - HC-KAR NC: 2025:KHC:38055 MFA No. 6045 of 2015 6. The Tribunal dismissed the claim petition on the ground that the appellant/claimant has failed to prove the involvement of the vehicle bearing Reg.No.KA-11-E-2817. 7. Considering the arguments of both sides, this Court finds it reasonable to allow the application and to permit the appellant to produce the documents and to remand the matter to the Tribunal with a specific direction to the appellant herein to take steps for amendment of the petition and the Tribunal is directed to permit both the parties to lead evidence and to advance arguments and thereafter decide the matter afresh by duly considering the entire evidence on record within a period of three months from the date of receipt of records. Accordingly, the following: ORDER i. Appeal and I.A.No.1/2018 are allowed. ii. Appellant is permitted to produce the additional documents. - 5 - HC-KAR NC: 2025:KHC:38055 MFA No. 6045 of 2015 iii. MVC No.126/2011 is remanded to the II Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal, Mandya, with a direction to permit both the parties to lead evidence and to advance arguments and thereafter decide the matter afresh by duly considering the entire evidence on record within a period of three months from the date of receipt of records. iv. Appellant herein shall take steps for amendment of the petition. v. If the appellant succeeds in the case, respondent No.1 - the owner of the vehicle is alone liable to pay interest from the date of disposal of the claim petition i.e., 27.02.2015 till the date of amendment, and the insurance company need not pay interest for the said period. - 6 - HC-KAR NC: 2025:KHC:38055 MFA No. 6045 of 2015 vi. Registry is directed to send the records to the Tribunal within ten days. vii. Both parties are directed to appear before the Tribunal on 13.10.2025. Sd/- (P SREE SUDHA) JUDGE BSR List No.: 1 Sl No.: 35