- 1 - HC-KAR NC: 2025:KHC:37527 MFA No. 9660 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 9660 OF 2017 (MV-I) BETWEEN: SRI. N. SADASHIVANNA @ SHIVANNA S/O NARAYANAPPA R/O NALLURU VILALGE, BETHAMANGALA HOBLI, BANGARPETE TALUK, KOLAR DISTRICT-563116. …APPELLANT (BY SRI. SIDDESWARA N K., ADVOCATE) AND: 1. THE NEW INDIA ASSURANCE CO. LTD., BOMMASANDRA BRANCH (670302) KIADB COMPLEX, 1ST FLOOR, HOSUR MAIN ROAD, INDUSTRIAL AREA, BOMMASANDRA, BANGALORE 560 099 REP. BY ITS BRANCH MANAGER 2. SRI. N.K. SRINIVAS S/O N.V. KRISHNA REDDY MAJOR R/O NOSENOOR VILLAGE, INDALAVADI POST, ANEKAL TALUK, BANGALORE DISTRICT. …RESPONDENTS (BY SRI. S.T. RAJASHEKARA, ADVOCATE FOR R1, R2-SERVED) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37527 MFA No. 9660 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED26.09.2017 PASSED IN MVC NO.597/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, & PRINCIPAL JMC, K.G.F., DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal under Section 173(1) of the M.V. Act arises from the judgment dated 26.09.2017, passed by the Senior Civil Judge & Principal, JMFC, KGF, in MVC No.597/2014. 2. The appellant/claimant, who sustained injuries in a road traffic accident on 09.09.2010, filed a claim petition under Section 166 of the Motor Vehicles Act, 1989, seeking compensation of Rs.25,10,000/- with interest. The Tribunal dismissed the petition. Being aggrieved by the said order, the claimant is before this Court. - 3 - HC-KAR NC: 2025:KHC:37527 MFA No. 9660 of 2017 3. Heard the learned counsel for the appellant and the respondent - Insurance Company. 4. It is contended that the claimant met with an accident on 09.09.2010. He was treated in various hospitals and in order to substantiate the same, the bills are furnished. He was working as an agent of submersible pump and mechanic of submersible pumps and he was also doing electrical work and was earning a sum of Rs.25,000/- per month. 5. Initially, the claimant filed the claim petition before the learned X Additional Judge, Court of Small Causes, Bangalore in MVC No.104/2011 on 03.01.2011, and the said claim petition was returned for presentation before the proper Court vide order dated 23.04.2014, and it was presented before the learned District and Sessions Judge, Kolar and the same was made over to the learned Senior Civil Judge and Principal, JMFC & MACT, KGF. - 4 - HC-KAR NC: 2025:KHC:37527 MFA No. 9660 of 2017 6. It is contended that, the claimant immediately after the accident, was taken to the MVJ Medical College Hospital, Hosakote and then he was shifted to Nimhans Hospital and from there he was shifted to Sita Bahteja Super Specialty Hospital and later he was admitted in Suhas General Charitable Trust Hospital. 7. It is further contended that, the Tribunal dismissed the claim petition on two grounds one is that the complaint was given by his brother after the delay of eight days and another is that case sheet issued by the Nimhans goes to show that the claimant sustained injuries by two wheeler skid and fall near Hoskote and and there is a suspicion about the involvement of the car and held that the respondent is not liable to pay the compensation. But the perusal of the record goes to show that there is no case sheet of the Nimhans hospital available. 8. Considering the arguments of both the sides, this Court finds it reasonable to remand the matter to the - 5 - HC-KAR NC: 2025:KHC:37527 MFA No. 9660 of 2017 Tribunal with a direction to provide reasonable opportunity to both sides for adducing evidence and for arguments and to dispose of the matter on merits on duly considering the entire evidence on record afresh within three months from the date of receipt of records. 9. The Registry to send the record within ten days from today. 10. Both the parties are hereby directed to appear before the Tribunal on 13.10.2025 without awaiting further notice. Sd/- (P SREE SUDHA) JUDGE HR List No.: 1 Sl No.: 61