- 1 - HC-KAR NC: 2025:KHC:38057 MFA No. 9384 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.9384/2015 (MV-I) BETWEEN: NIRMALA K.S. W/O DR. RAMAKRISHNAIAH AGED ABOUT 47 YEARS R/O K.T.68, 2ND CROSS BASAVESHWARA MARGA KAVERI NAGAR, MANDYA-571426. …APPELLANT (BY SRI. ARCHANA MURTHY, ADV.,) AND: 1. REVANNA S/O RAMANNA OCCUPATION:OWNER RO # K.T.68, 2ND CROSS HOSHALLI KERE GANDHI NAGAR MANDYA-571426. 2. THE MANAGER UNITED INDIA INSURANCE COMPANY LTD., #1119/8, M.C. ROAD MANDYA-571426. …RESPONDENTS (BY SRI. D. VIJAY KUMAR, ADV., FOR R2 V/O/DTD:09.08.2016 NOTICE TO R1 D/W) Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:38057 MFA No. 9384 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO ALLOW THIS APPEAL BY MODIFYING THE JUDGMENT AND AWARD OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT MANDYA DATED 25.08.2015, IN MVC NO.438/2011, BY ENHANCING THE COMPENSATION FROM RS.4,65,000/- TO 14,00,000/- 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 award dated 25.08.2015 passed in MVC No.438/2011 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.26,00,000/-. The Tribunal considering the entire evidence on record, granted compensation of Rs.4,65,000/- with interest at the rate of 9% p.a. from the date of petition till the date of deposit. Aggrieved by the said order, this appeal is preferred. 2. I.A.No.1/2025 is filed seeking permission to produce the medical bills as additional evidence. - 3 - HC-KAR NC: 2025:KHC:38057 MFA No. 9384 of 2015 3. It is submitted by the learned counsel for the appellant that after the accident, the appellant/claimant underwent cosmetic surgery and the bills are produced before this Court and seeks to accept the same. 4. Learned counsel for the respondents objected the additional documents on the ground that the accident had occurred in the year 2011 and the appellant underwent operation in the year 2016, thus, it has to be proved by due process of law. 5. Heard the learned counsel appearing on both sides. 6. Considering the submissions of both sides, this Court finds it reasonable to permit the appellant to produce the additional documents and to remand the matter to the Tribunal with the direction to the Tribunal to permit both the parties to lead evidence and to advance arguments and thereafter decide the matter afresh by duly - 4 - HC-KAR NC: 2025:KHC:38057 MFA No. 9384 of 2015 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.1/2025 are allowed. ii. Appellant is permitted to produce the additional documents. iii. MVC No.438/2011 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. iii. Registry is directed to send the records to the Tribunal within ten days. - 5 - HC-KAR NC: 2025:KHC:38057 MFA No. 9384 of 2015 iv. Both parties are directed to appear before the Tribunal on 14.10.2025. Sd/- (P SREE SUDHA) JUDGE BSR List No.: 1 Sl No.: 39