- 1 - HC-KAR NC: 2025:KHC:44988 MFA No. 3789 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3789 OF 2025 (MV-I) BETWEEN: M/S. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., #1335/1, 1ST FLOOR, OPP:GNANAGANGA SCHOOL, C & D BLOCK, PANCHAMANTRA ROAD, KUVEMPUNAGARA, MYSORE THROUGH ITS REGIONAL OFFICE M/S BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., NO.1/2, 4TH FLOOR, GOLD HEIGHTS, 59TH CROSS, 4TH M BLOCK, RAJAJINAGAR, BANGALORE-560 010 REPRESENTED BY ITS MANAGER …APPELLANT (BY SRI. JANARDHANA REDDY, ADVOCATE) AND: 1. SRI.CHANDRASHEKAR K.K., S/O KUMARASWAMY K., AGED ABOUT 31 YEARS, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44988 MFA No. 3789 of 2025 R/AT KODANAHALLI VILLAGE, KARAGADE POST, KASABA HOBLI, BELURU TALUK, HASSAN DISTRICT 2. SRI YASHWANTH.C.M. S/O LATE MANJUNATHA SWAMY R/AT SHANKARAPURA 4TH CROSS, CHIKKAMANGALURU DISTRICT, (OWNER OF TVS APACHE NO.KA-18-X-7978) …RESPONDENTS (BY SRI. GIRISH B BALADARE, ADVOCATE) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 11.03.2025 PASSED IN MVC NO.413/2023 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MACT, CHIKKAMAGALURU, AWARDING COMPENSATION OF RS.3,50,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:44988 MFA No. 3789 of 2025 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.413/2023 dated 11.03.2025 by the Principal Senior Civil Judge & MMACT, Chikkamangaluru, the insurance company is before this court. 2. The claim petition is filed seeking compensation of an amount of Rs.6,00,000/- for the injuries sustained in the accident. On 18.10.2022, at 11.45 p.m when the claimant was proceedings on the TVS motor bike as pillion rider, R-1 before the Tribunal who was riding the said motorcycle, at that time, a stray cow came across on the road. Due to which R-1 lost this control over the motorcycle and suddenly applied break. As a result, the motorcycle skid and dashed against the divider and he fell down from the bike and sustained grievous injuries. The tribunal had granted compensation of an amount of Rs.3,50,000/-. 3. Learned counsel appearing for the insurance company submits that they have filed I.A.No.8 for summoning the medical records. While, that application is pending, the Tribunal without passing any orders on the said I.A had disposed of the main claim petition itself. It is submitted that the Tribunal - 4 - HC-KAR NC: 2025:KHC:44988 MFA No. 3789 of 2025 ought to have given an opportunity to the insurance company to adduce the evidence when they are disputing the accident. It is submitted that hence the award may be set-aside and the matter may be remanded back for fresh consideration before the MACT. 4. Learned counsel appearing for the respondent/ claimant submits that in spite of giving enough opportunity, insurance company has not adduced the evidence which compelled the Tribunal to pass the order hence in these circumstances, the remand is not required. 5. Having heard the learned counsel on either side, perused the entire material on record. From the docket proceedings, it appears that the order dated 28.02.2025 discloses that “Case is called out. The counsel for petitioner filed Objections to I.A.No.8. Heard posted it for order. Call on by 07.03.2025.” Proceeding sheet dated 07.03.2025 shows that the “Case is called out. Order not ready. Call on for order by 11.03.2025.” Then when the matter came up upon 11.03.2025 the Tribunal has passed the order in the main claim issue itself which shows no reasonable opportunity is not given to the - 5 - HC-KAR NC: 2025:KHC:44988 MFA No. 3789 of 2025 Insurance Company. In these circumstances, this Court deems it appropriate to pass the following: i. Accordingly, the award passed by the Tribunal in MVC.No.413/2023 dated 11.03.2025 by the Principal Senior Civil Judge & MMACT, Chikkamangaluru is set-aside and the matter is remanded back for fresh consideration before the MACT. ii. The parties shall appear before the Tribunal without further notice on 15.12.2025 and within six months from 15.12.2025, the Tribunal shall dispose of the matter. iii. The amount in deposit shall be transferred to the Tribunal and shall be kept in fixed deposit. iv. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. - 6 - HC-KAR NC: 2025:KHC:44988 MFA No. 3789 of 2025 v. No Costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 49