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2025 DAILYLAW 73712 (KAR)

RANGEGOWDA v. SHANKARNAGU

MFA/4543/2019 · 2025-08-18

P Sree Sudha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31877 MFA No. 4543 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4543 OF 2019 (MV-I) BETWEEN: 1. RANGEGOWDA S/O LATE GUNDEGOWDA AGED ABOUT 52 YEARS, R/AT KASABA HOBLI, HOLENARASIPUR TALUK HASSAN DISTRICT NOW RESIDING AT C/O KUMARASWAMY SRI NANJUNDESHWARA NILAYA CHIKKAHONNENAHALLY KASABA HOBLI, HASSAN TALUK …APPELLANT (BY SRI. JAGADEESH H T, ADVOCATE) AND: 1. SHANKARNAGU S/O CHANDRAIAH MAJOR, KRISHNAPURA VILLAGE, KASABA HOBLI, HOLENARASIPUR TALUK HASSAN DISTRICT Digitally signed by MADHURI S Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31877 MFA No. 4543 of 2019 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD SRI MANJUNATHA COMPLEX, 1ST FLOOR, OLD BUS STAND ROAD, HASSAN - 573201 …RESPONDENTS (BY SRI. A M VENKATESH, ADVOCATE FOR R2; R1 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.02.2019 PASSED IN MVC NO.861/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE AND M.A.C.T., HASSAN, 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 Both the counsel are present. 2. I.A. No.1/2023 is filed for producing additional documents and objections are filed by counsel for respondent No.2. - 3 - HC-KAR NC: 2025:KHC:31877 MFA No. 4543 of 2019 3. Learned counsel for the appellant stated that this application was dismissed in the trial Court as there was delay in filing the FIR and now he is intended to file the order sheet of CC No.46/2017 passed by the Civil Judge and JMFC, Holenarasipura, and also the docket order to show that the accused was convicted and sentenced to pay a fine of Rs.800/- with simple imprisonment of three months, so also the police intimation report. It is further stated that the delay is only 14 days. Therefore, this Court finds that it is just and reasonable to receive the documents and remand the matter to the Tribunal to give reasonable opportunity to adduce evidence and to hear arguments of both sides and to dispose of the matter afresh. 4. Accordingly, the appeal is allowed and the matter is remanded to the Tribunal with a direction to dispose of the matter within four months from the date of receipt of original records, by duly giving opportunity to both sides. - 4 - HC-KAR NC: 2025:KHC:31877 MFA No. 4543 of 2019 5. I.A.No.1/2023 for production of additional documents was filed on 03.02.2023. As the appellant failed to produce the documents before the Tribunal, the appellant is not entitled for interest from the date of petition till the date of filing of I.A. No.1/2023. 6. Registry is directed to send the records within ten days and the parties are directed to appear before the Tribunal on 10.09.2025. SD/- (P SREE SUDHA) JUDGE YKL List No.: 1 Sl No.: 82