- 1 - HC-KAR NC: 2025:KHC:35357 MFA No. 6592 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6592 OF 2015 (MV-I) BETWEEN: SRI. J. NAGESH S/O. LATE J. SANKAPPA, AGED ABOUT 69 YEARS, R/AT JEPPU MARNAMIKATTE, KUDUPADI ROAD, MANGALORE. …APPELLANT (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. SRI. NAGARAJ S/O. NARAYANA SWAMY CHETTIYAR, AGED ABOUT 52 YEARS, R/O. RAMANIKA COMPOUND, MARIGUDI ROAD, MANGALORE. 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD., 2ND FLOOR, RASIKA CHAMBERS, CENTRAL MARKET, MANGALORE - 575 001. …RESPONDENTS (BY SRI. M. ARUN PONNAPPA, ADVOCATE FOR R2 VIDE ORDER DATED 05.02.2015, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:35357 MFA No. 6592 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.02.2013 PASSED IN MVC NO.1685/2008 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, MEMBER, MACT, D.K., MANGALORE, 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 is preferred by injured claimant against the award of the Tribunal dated 11.02.2013 passed in MVC No.1685/2008 by the MACT, Mangalore, (for short 'Tribunal'). 2. Learned counsel for both the parties are present. 3. Heard. 4. I.A.No.1/2020 is filed by the injured claimant/appellant seeking permission to produce the additional documents is taken on record, namely: "1. 'B' Register Extract of KA-19-W-0855 2. 'B' Register Extract of KA-19-V-0855 3. Notice given to Nagaraj by the SHO 4. Statement of Nagaraj." - 3 - HC-KAR NC: 2025:KHC:35357 MFA No. 6592 of 2015 5. Learned counsel for respondent No.2 has no objection for the same 6. Learned counsel for the appellant is permitted to lead evidence for the purpose of marking the aforesaid documents and to advance arguments. The learned counsel for the respondent shall also be given reasonable opportunity to adduce evidence and advance arguments. 7. On perusal of the records, this Court is of the opinion that the documents produced by the appellant requires to be considered by the Tribunal. Hence, this Court finds it just and reasonable to remand the matter to the concerned Tribunal, in order to provide an opportunity to both parties to adduce evidence for the purpose of marking the said documents and advance arguments on merits. Hence, I proceed to pass the following: ORDER i) The appeal is allowed. ii) The matter is remanded to the concerned Tribunal with a direction to give opportunity to both parties to adduce evidence and advance arguments. - 4 - HC-KAR NC: 2025:KHC:35357 MFA No. 6592 of 2015 iii) The Tribunal shall dispose of the matter on merits within a period of three months from the date of receipt of record. iv) Registry is directed to send back the Trial Court records to the concerned Tribunal immediately. v) The parties are directed to appear before the concerned Tribunal on 08.10.2025 without awaiting further notice. Sd/- (P SREE SUDHA) JUDGE SMC List No.: 1 Sl No.: 44