- 1 - HC-KAR NC: 2025:KHC:37263 MFA No. 6592 of 2018 C/W MFA.CROB No. 86 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6592 OF 2018 (MV-D) C/W MFA CROSS OBJECTION NO. 86 OF 2025 (MV-D) IN MFA No. 6592/2018 BETWEEN: SRI N G CHANDRASHEKAR S/O N T GURUSIDDAPPA AGED ABOUT 48 YEARS, RESIDING AT 9TH MAIN, 2ND CROSS, ASHOKANAGARA, TUMKUR, TUMKUR DISTRICT-572101 PRESENTLY RESIDING AT NO.37/A, 12TH MAIN , 6TH CROSS, 1ST STAGE, 1ST PHASE, GOKUL, MATHIKERE, BENGALURU - 560054. …APPELLANT (BY SRI. K.N. SUNIL, ADV. FOR SRI. RAMESH K. R., ADV.) AND: 1. ARUN KUMAR @ ARUN S/O VENKATARAMANA D AGED ABOUT 32 YEARS, 2. ANITA D D/O VENKATARAMANA D AGED ABOUT 31 YEARS, BOTH RESIDING AT: NO.23, SANGOLLI RAYANNA STREET, R M V 2ND STAGE, BENGALURU-560094 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:37263 MFA No. 6592 of 2018 C/W MFA.CROB No. 86 of 2025 3. THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFICE NO.44/45, RESIDENCY CROSS ROAD, LEO SHOPPING COMPLEX, BENGALURU 560035 REP. BY ITS REGIONAL MANAGER. …RESPONDENTS (BY SRI. SHRIPAD V. SHASTRI, ADV. FOR R1 AND R2, SRI. S.V. HEGDE MULKHAND, ADV. FOR R3.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 11.03.2013 PASSED IN MVC NO.6956/2011 ON THE FILE OF THE 2ND ADDITIONAL SMALL CAUSES JUDGE & XXVIII ACMM, BENGALURU (SCCH-13), AWARDING COMPENSATION OF RS.7,68,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA.CROB NO. 86/2025 BETWEEN: 1. ARUN KUMAR @ ARUN S/O VENKATARAMANA D., AGED ABOUT 39 YEARS, 2. ANITHA D/O VENKATARAMANA D AGED ABOUT 38 YEARS, ALL THE ABOVE PETITIONERS ARE R/AT NO.23, SANGOLLI RAYYANNA STREET, RMV II STAGE, BANGALORE-560094 ...CROSS OBJECTORS (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. N. G. CHANDRASHEKAR S/O GURUSIDDAPPA N.T., - 3 - HC-KAR NC: 2025:KHC:37263 MFA No. 6592 of 2018 C/W MFA.CROB No. 86 of 2025 AGED ABOUT 55 YEARS, R/AT 9TH MAIN, 2ND CROSS, ASHOK NAGAR, TUMKUR, TUMKUR DISTRICT-572101 PRESENTLY R/AT NO.37/A 12TH MAIN, 6TH CROSS, 1ST STAGE, 1ST PHASE, GOKUL, MATTIKERE, BANGALORE-560054. 2. THE ORIENTAL INSURANCE COMPANY LTD., REGIONAL OFFICE, NO.44/45 RESIDENCY CROSS ROAD, LEO SHOPPING COMPLEX, BANGALORE-35 POLICY ISSUED BY ITS BRANCH OFFICE AT TGMA BUILDING, J.C.ROAD, TUMKUR-572101, BY ITS REGIONAL MANAGER. ...RESPONDENTS THIS MFA CROB. IS FILED U/o 41 RULE 22 R/W U/S173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.11.03.2013 PASSED IN MVC NO.6956/20211 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE AND XXVIII ACMM, BENGALURU SCCH-13, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA AND MFA CROB, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Both counsels present. 2. Heard the counsels on either side. - 4 - HC-KAR NC: 2025:KHC:37263 MFA No. 6592 of 2018 C/W MFA.CROB No. 86 of 2025 3. IA No.2/2018 is filed for production of additional documents which are as follows: "1. Certified copy of the extract of driving licence of Kantharaj, S/o. Rangappa who was the driver of the offending vehicle at the time of accident. 2. Copy of the registration certificate of the lorry bearing Regn.No.KA-06-C-3437." 4. In the said application, it is stated that the appellant was not aware of the award passed in MVC No.6956/2011 dated 11.03.2013, though he contacted his counsel and he has not intimated to him. It is further stated that the appellant handed over the copies of driving licence and insurance policy to his counsel, when he contacted him the same are not produced before the Tribunal. As such, liability was saddled on him. 5. This application is filed requesting this Court to accept the said documents for the reasons assigned in the affidavit, as such this Court finds it appropriate to accept the additional documents produced by the appellants and accordingly, IA No.2/2018 is allowed with a condition that the owner has to pay the interest on the compensation amount - 5 - HC-KAR NC: 2025:KHC:37263 MFA No. 6592 of 2018 C/W MFA.CROB No. 86 of 2025 from the date of award till today i.e. 17.09.2025 and the matter shall be remanded to the Tribunal for considering the matter afresh. 6. In the result, the following order is passed: ORDER i. The appeal is allowed and the matter is remanded to the Tribunal with a direction to provide reasonable opportunity to the parties to adduce their evidence and to advance their arguments. Further, the Tribunal is directed to dispose of the matter within an outer limit period of three months from the date of receipt of records. ii. Registry is directed to send the records to the Tribunal along with a certified copy of this order. iii. Both the parties are directed to appear before the Tribunal on 13.10.2025. iv. The owner of the vehicle has not produced the above said documents during the trial, as such he is liable to pay the interest from the date of award till today. With the said condition, the application is allowed. - 6 - HC-KAR NC: 2025:KHC:37263 MFA No. 6592 of 2018 C/W MFA.CROB No. 86 of 2025 v. The claimants filed cross objection in MFA Crob.No.86/2025. In view of remanding the matter to the Tribunal, this cross objections is dismissed. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 73