- 1 - HC-KAR NC: 2025:KHC:36704 MFA No. 4922 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4922 OF 2020 (MV-I) BETWEEN: CHANDRASHEKAR K., AGED ABOUT 34 YEARS, S/O KRISHNAPPA @ ENNE KRISHNAPPA R/AT NO.28, 1ST MAIN, VENKATALA, YELAHANKA, BENGLAURU-560064 PERMANENT ADDRESS: KANAGANA KOPPA VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPURA-561280. …APPELLANT (BY SRI. NAGARAJA REDDY D., ADVOCATE) AND: 1. LIBERTY VIDEOCON GENERAL INSURANCE CO. LTD., PRESTIGE KADA, 3RD FLOOR, UNIT NO.302, NO.202, RICHMOND ROAD, RICHMOND TOWN, BANGALORE-560025 REPRESENTED BY ITS MANAGER 2. UMESH G.S MAJOR, S/O SHIVA KUMARAYYA R/AT NO.28, GUTTENAHALLI VILLAGE NAMAGONDLU POST, GOWRIBIDANUR TALUK, CHIKKABALLAPURA-561280. …RESPONDENTS (BY SRI. RAVI SHANKAR S. SAMPRATHI., ADV. FOR R1, R2 - UMESH G.S., - SERVED.) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36704 MFA No. 4922 of 2020 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.13.07.2020 PASSED IN MVC NO.2390/2018 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-16), DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the dismissal of MVC No.2390/2018 by the X Additional Judge, Court of Small Causes, Bengaluru (SCCH-16) dated 13.07.2020, the appellant/claimant is before this Court. 2. The claim petition is filed seeking compensation for the injuries sustained by the claimant in a road traffic accident. It is the case of the claimant that on 15.03.2018, the claimant was riding his motorcycle on the left side of the road. At about 7.30 p.m., when he reached near Chethana Clinic, the driver of the Tata Ace suddenly took turn without giving any signal and hit the motorcycle. Due to the impact, the claimant fell down and sustained severe injuries. His motorcycle was also damaged extensively. Soon after the incident, he was taken to the nearby Chethana Clinic wherein the first aid treatment was given, from there he was shifted to Someshwara Hospital - 3 - HC-KAR NC: 2025:KHC:36704 MFA No. 4922 of 2020 where he was treated as inpatient and surgery was done. The Tribunal had dismissed the claim petition on the ground that the accident had taken place on 15.03.2018. The complaint was given on 23.03.2018. As this is a road accident, immediately this would have been entered into the register and intimated to police station which is just a few yards from the hospital and further in the wound certificate it is shown as road traffic accident whereas in the discharge summary, it is shown as a road traffic accident between a two wheeler and an auto. The vehicle that is involved in this accident is a Tata Ace and the Court has come to the conclusion that there is a difference between the auto and the Tata Ace vehicle. Further, MLC is an important document which has been withheld by the claimant. Hence, an adverse inference has to be drawn and accordingly dismissed the petition. 3. Learned counsel appearing for the appellant/claimant submits that in fact, the doctor was examined. It is stated that if there is MLC, if necessary, he would produce the same before the Court. It is submitted that the evidence on the record, the wound certificate and other documents are in support of the - 4 - HC-KAR NC: 2025:KHC:36704 MFA No. 4922 of 2020 case of the claimant. Mere delay in giving the complaint cannot be a reason for the court to dismiss the petition. It is submitted that the Court had dealt with the matter in a very hyper technical manner and dismissed the petition. It is submitted that if the matter is remanded and an opportunity is given, they will place the same before the Court. 4. Learned counsel appearing for the respondent-insurance company submits that Court has rightly discussed the evidence on the record and he has drawn the attention of the Court to the particular paragraphs, wherein the Court had held that the delay in giving the complaint and also not placing the MLC register is fatal to the case of the claimant. It is submitted that the Court has rightly dealt with and rightly dismissed the claim petition. There is no ground to interfere with the judgment passed by the trial Court. 5. Having heard the learned counsels on either side, perused the entire material on record. 6. The claim petition is filed seeking compensation for the injuries sustained by the claimant. According to him, the accident had taken place on 15.03.2018 and the wound - 5 - HC-KAR NC: 2025:KHC:36704 MFA No. 4922 of 2020 certificate and the discharge summary supports his case and the mere delay cannot be a ground. There is no dispute about the fact that delay in giving the complaint itself cannot be a ground for the Court to dismiss the petition. However, it depends upon the facts and circumstances of each case. Coming to the facts of this case, when it is a road traffic accident, MLC is a crucial document. According to the doctor and according to the petitioner, MLC is available. But admittedly, the document is not filed before the Court and based upon that, the Court had dismissed the petition. This Court balancing the interest of the parties and in the interest of justice, deems it appropriate to set aside this order and matter has to be remanded back to the Tribunal. 7. Accordingly, the appeal is allowed and the award passed in MVC No.2390/2018 dated 13.07.2020 by the X Additional Judge, Court of Small Causes, Bengaluru is set aside and the matter is remanded back to the Tribunal. i) Both the parties are at liberty to adduce evidence. ii) Without further notice, the parties shall appear before the Tribunal on 12.10.2025. - 6 - HC-KAR NC: 2025:KHC:36704 MFA No. 4922 of 2020 iii) The Tribunal shall dispose of the matter within a period of six months from 12.10.2025. iv) The registry is directed to return the Trial Court Records to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay. v) Pending miscellaneous petition, if any shall stand closed. No costs. SD/- (LALITHA KANNEGANTI) JUDGE BS List No.: 1 Sl No.: 2