- 1 - HC-KAR NC: 2025:KHC-D:8062-DB MFA No. 101564 of 2018 C/W MFA No. 102457 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND MISCELLANEOUS FIRST APPEAL NO.101564 OF 2018 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.102457 OF 2018 (MV-I) IN MISCELLANEOUS FIRST APPEAL NO.101564 OF 2018: BETWEEN: THE REGIONAL MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD., CENTENARY BUILDING, M.G. ROAD, BANGALORE-560001. POLICY NO.1704252335000570 VALID FROM 01-07-2015 TO 30-06-2016 REPRESENTED BY THE AUTHORIZED SIGNATORY …APPELLANT (BY SRI. G.N. RAICHUR, ADVOCATE) AND: 1. KALLAPPA @ KALMESH S/O BASAPPA HAVADI AGE: 34 YEARS, OCC: AGRICULTURE & LAND OWNER NOW OCCUPATION NIL R/O MALALI, TQ. MUDHOL, DIST: BAGALKOT-540001. 2. M/S ASHOKA BUILDCON LTD., B-4 GANAPATI VILLA, GANAPATH RICE MILL, SAMBALPUR ROAD, NH-6 BARAGARH, BAZAR BARGARH, BARGARH-768028, ODISHA STATE. …RESPONDENTS (BY SRI. SANTOSH B. RAWOOT, ADVOCATE FOR R1; NOTICE TO R2 IS HELD SUFFICIENT) SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.27 10:44:54 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8062-DB MFA No. 101564 of 2018 C/W MFA No. 102457 of 2018 THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT., PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 18.01.2018 PASSED BY THE COURT OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL XIV MUDHOL MVC NO.218/2016 BY REDUCING THE COMPENSATION AND EXONERATING THE APPELLANT INSURANCE COMPANY FROM THE LIABILITY BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. IN MISCELLANEOUS FIRST APPEAL NO.102457 OF 2018: BETWEEN: SHRI. KALLAPPA @ KALMESH S/O BASAPPA HAVADI AGE: 34 YEARS, OCC: AGRICULTURE LAND OWNER NOW OCCUPATION NIL, R/O: MALALI, TQ: MUDHOL, DIST: BAGALKOT-587313. …APPELLANT (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) AND: 1. M/S ASHOKA BUILD CO. LTD., B-4, GANAPATI VILLA, GANAPATH RAIC MILL, SAMBALPUR ROAD, NH-6, BARAGARH, BAZAR BARGARH, BARGARH-768028, ODISHA STATE. 2. THE REGIONAL MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD., CENTENARY BUILDING, M.G. ROAD, BENGALURU-560001. …RESPONDENTS (BY SRI. G.N. RAICHUR, ADVOCATE FOR R2) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 18.01.2018 PASSED IN MVC NO.218/2016 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XIV, MUDHOL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND - 3 - HC-KAR NC: 2025:KHC-D:8062-DB MFA No. 101564 of 2018 C/W MFA No. 102457 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) Although we heard the learned counsels for the appellant-Insurance Company and the appellant-claimant in the two appeals, nevertheless, we find that the insurance company has filed an application in I.A.No.1/2022 seeking to bring on record the additional documents, namely a permit issued by the Deputy Commissioner for Transport, Belagavi. It is sought to be contended at the hands of the learned counsel for the insurance company that permit was taken by the owner of the vehicle after the accident and the permit is valid from 04.03.2016 to 03.03.2021, while the accident occurred on 07.12.2015. 2. However, we are of the considered opinion that unless the document is put to the owner of the vehicle, it cannot be admitted in evidence, at this stage. 3. Consequently, we dispose of both the appeals while remanding the matter back to the Tribunal to - 4 - HC-KAR NC: 2025:KHC-D:8062-DB MFA No. 101564 of 2018 C/W MFA No. 102457 of 2018 re-open the case and permit the insurance company to tender the additional document. We also direct the Tribunal to once again issue notice to the owner of the vehicle, having regard to the stand that is now taken by the insurance company. 4. The matter shall be heard and disposed of, as expeditiously as possible and at any rate within a period of six months from the date of receipt of a certified copy of this order. 5. In order to ensure early disposal of the case, we direct the insurance company and the claimant to appear before the Tribunal on 14.07.2025 without waiting further notice. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE MBS Ct:vp LIST NO.: 1 SL NO.: 26