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2025 DAILYLAW 57906 (KAR)

LOKESH K R v. THE MANAGING DIRECTOR

MFA/1591/2016 · 2025-09-16

P Sree Sudha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37009 MFA No. 1591 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1591 OF 2016 (MV-I) BETWEEN: LOKESH K R S/O RAMAKRISHNA AGED ABOUT 27 YEARS NO.2, 7TH MAIN, 8TH CROSS RPC LAYOUT, HAMPI NAGAR VIJAYANAGAR, BANGALORE KARNATAKA …APPELLANT (BY SRI. SWAPNA R. NAIR, ADVOCATET FOR SRI. M. SUBRAMANI, ADVOCATE) AND: 1. THE MANAGING DIRECTOR KSRTC REGIONAL OFFICE SHANTHINAGAR, BANGALORE - 560 021. 2. PRAVEEN K S S/O SHANKAR NO.199, BANAHALLI VILLAGE RATHNAMMA LAYOUT, GOLLAHALLI CHANDRAPURA CIRCLE BANGALORE - 562 158. …RESPONDENTS (BY SMT. S. NIRMALA, ADVOCATE FOR R1; VIDE ORDER DATED 2.07.2022, NOTICE TO R2 HELD SUFFICIENT) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37009 MFA No. 1591 of 2016 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 17.07.2015 PASSED IN MVC NO.1096/12 ON THE FILE OF THE 9TH ADDITIONAL SMALL CAUSES JUDGE AND 34TH ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, REJECTING 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/claimant challenging the judgment and award dated 17.07.2015 passed in MVC No.1096/2012, by the XI Additional Small Causes and Additional Motor Accident Claims Tribunal, Bangalore (hereinafter referred as 'Tribunal' for short). 2. The injured claimant filed a claim petition before the Tribunal claiming compensation of Rs.10,00,000/-, however, the Tribunal dismissed the petition. Being aggrieved by the said order, the claimant has preferred this appeal. During the pendency of the - 3 - HC-KAR NC: 2025:KHC:37009 MFA No. 1591 of 2016 appeal, he filed I.A.No.1/2025 seeking to produce additional documents as detailed in the application. 3. It is stated that the appellant is an agriculturist and was not properly guided by the learned counsel. As a result, he was unable to produce all the relevant documents, which led to the dismissal of the claim application for non production of the above material evidence. 4. Therefore, this Court finds it reasonable to allow the application i.e., I.A.No.1/2025 and permit to production of additional documents. 5. Accordingly, the matter is remanded to the Tribunal with a specific direction to give a reasonable opportunity to both parties to adduce evidence and advance arguments. The Tribunal is further directed to dispose of the matter on merits, by duly considering the evidence on record, within a period of three months from the date of receipt of this order. - 4 - HC-KAR NC: 2025:KHC:37009 MFA No. 1591 of 2016 6. Registry is directed to send the records to the Tribunal within ten days. 7. Both the parties are directed to appear before the Tribunal on 10.10.2025. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 46 CT: BHK