- 1 - HC-KAR NC: 2025:KHC:29323 MFA No. 9110 of 2015 C/W MFA No. 3617 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 9110 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 3617 OF 2015 (MV-I) IN MFA No. 9110/2015: BETWEEN: SRI NANJEGOWDA D S S/O N.SHANKARLINGE GOWDA AGED ABOUT 29 YEARS, R/AT NO.31, J.S.NAGAR, 1ST G-CROSS, NANDINI LAYOUT, BENGALURU - 560 096 …APPELLANT (BY SRI SHRIPAD V SHASTRI., ADVOCATE) AND: 1. UNITED INDIA INSURANCE CO LTD R.O. NO. 25, SHANKAR NARAYANA, BUILDING, M.G. ROAD, BENGALURU-01 BY ITS MANAGER 2. MR. SRIDHAR P S/O ROSAIAH, MAJOR, R/AT 11-1-32, OPP. MRO OFFICE, TRUNK ROAD, KAVALI, NELLORE, ANDHRA PRADESH Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29323 MFA No. 9110 of 2015 C/W MFA No. 3617 of 2015 3. SAHIK SOHAIL PASHA, S/O SAHIK FAIROG PASHA, MAJOR, R/AT NO.658, 9TH CROSS, 2ND MAIN, VINOBNAGAR, K.G.HALLI, BENGALURU-45 …RESPONDENTS (BY SRI K N SRINIVASA FOR R1; R2 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 08.01.2015 PASSED IN MVC NO.3998/2008 ON THE FILE OF THE 22ND ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 3617/2015: BETWEEN: SRI N LOKESH S/O P.NAGARAJ AGED ABOUT 27 YEARS R/AT HAVANUR EXTENSION, HESSARAGHATTA ROAD, NEAR NARAYANAPPA SHOOTING BUGLE,NAGASANDRA POST, BENGALURU-73 APPELLANT BEING IN ALTERED SENSEORIEUM REP BY HIS FATHER P. NAGARAJ THE NATURAL GUARDIAN ...APPELLANT (BY SRI SHRIPAD V SHASTRI., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:29323 MFA No. 9110 of 2015 C/W MFA No. 3617 of 2015 AND: 1. UNITED INDIA INSURANCE CO LTD R.O.NO.25, SHANKAR NARAYANA BUILDING, M.G. ROAD, BENGALURU-01 BY ITS MANAGER 2. MR. SRIDHAR P. S/O ROSAIAH MAJOR, R/AT 11-1,32, OPP: MRO OFFICE, TRUNK ROAD, KAVALI, NELLORE, ANDHRA PRADESH 3. SAHIK SOHALI PASHA S/O SAHIK FAIROG PASHA MAJOR, R/ANO.658, 9TH CROSS, 2ND MAIN, VINOBHANAGAR, K.G. HALLI BENGALURU-45 ...RESPONDENTS (BY SRI B A RAMAKRISHNA FOR R1; R2 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED8.1.2015 PASSED IN MVC NO.3999/2008 ON THE FILE OF THE 22ND ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:29323 MFA No. 9110 of 2015 C/W MFA No. 3617 of 2015 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel, Shri.Shripad V Shastri, appearing for the appellant and Shri.B.A.Ramakrishna appearing for Respondent No.1 in M.F.A.No.3617 of 2015 are present. 2. I.A.Nos.1 and 2 of 2016 are filed by the appellant under Order 41 Rule 27 r/w Section 151 of CPC in M.F.A.No.3617 of 2015 seeking to permit him to produce the discharge summary issued by Pristine Hospital and also medical bills, etc., by way of additional evidence. 3. It is stated by the learned counsel for the appellant that after the disposal of the case, claimant was admitted in the hospital and he incurred medical expenses and the bills are filed to that extent. Therefore, at their request, the matter is remanded to the Tribunal with a direction to permit the parties to lead evidence and after hearing both the parties, the Tribunal is directed to dispose of the matter on merits, afresh after giving - 5 - HC-KAR NC: 2025:KHC:29323 MFA No. 9110 of 2015 C/W MFA No. 3617 of 2015 sufficient opportunities to both the parties on all the issues. Hence, the following: ORDER i) Both the appeals are allowed and remanded to the Tribunal. ii) Registry is directed to send the records along with interlocutory applications, forthwith. iii) The Tribunal is directed to dispose of the matter within three months from the date of receiving of the records, in accordance with law. iv) The parties are directed to appear before the Tribunal on 18th August, 2025 without any further notice from this Court. Sd/- (P SREE SUDHA) JUDGE DH List No.: 1 Sl No.: 91