- 1 - HC-KAR NC: 2025:KHC:30066 MFA No. 8489 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8489/2018 (MV-I) BETWEEN: N SHIVAKUMAR S/O SHIVANNEGOWDA, AGED ABOUT 34 YEARS, R/AT 3RD CROSS, GANDHINAGARA, MANDYA PIN:571401. …APPELLANT (BY SRI. SANATH KUMARA K M.,ADVOCATE) AND: 1. RAJESH K N S/O NANJUNDASWAMY, MAJOR, R/AT NO.300, KYATHANAHALLY, PANDAVAPURA TALUK, MANDYA DISTRICT, PIN:571 401. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD., T.P.HUB, BALLAL CIRCLE, MYSORE PIN:571 009. …RESPONDENTS (BY SRI. MRS BHUSHANI KUMAR., ADVOCATE V/O/D 13.09.2024 SRI. D. VIJAY KUMAR, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03/04/2018, PASSED IN MVC Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30066 MFA No. 8489 of 2018 NO.393/2014, ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE & CHIEF JUDICIAL MAGISTRATE, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 03.04.2018 passed in MVC Nos.393/2014 on the file of I Additional Senior Civil Judge and Chief Judicial Magistrate, Mandya. 2. Though IA No.1/2025 was filed for producing of driving license and the copy of the driving license is filed, with consent of both parties, the matter is taken up for the final disposal. - 3 - HC-KAR NC: 2025:KHC:30066 MFA No. 8489 of 2018 3. Learned counsel for the appellant intended to produce the original document at the time of marking of the documents before the tribunal, as the tribunal observed that there is no valid and defective driving license. The insurance company, not liable for the compensation. The disability was also assessed by Nimhans Hospital, but was not considered by the tribunal. 4. Therefore, this court finds it reasonable to remand the matter to the tribunal. Hence, the matter is remanded back to the Tribunal with a specific direction to give reasonable opportunity to both sides for adducing the evidence and also for hearing the arguments and then dispose of the matter by duly considering the oral and documentary evidence, before the tribunal within four months from the date of receipt of copy of this orders. 5. Also, the claimants are not entitled for interest. As the owner filed driving license before this Court, he is liable to pay interest for the period of delay in filing the - 4 - HC-KAR NC: 2025:KHC:30066 MFA No. 8489 of 2018 driving license i.e., from the date of filing of the petition, till today. Accordingly, this appeal is allowed and remanded back to the tribunal with the above direction. Sd/- (P SREE SUDHA) JUDGE AKV, List No.: 1 Sl No.: 61