- 1 - HC-KAR NC: 2025:KHC-K:7806 MFA No. 200115 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P. SREE SUDHA MISCL. FIRST APPEAL NO. 200115 OF 2024 (MV-I) BETWEEN: DHONDIBA @ DONDIRAM S/O DHANASINGH RATHOD, AGED: ABOUT 39 YEARS, OCCUPATION: AGRICULTURE, RESIDENCE OF MULAWAD LT. NO.2, TQ: B. BAGEWADI, DISTRICT VIJAYAPURA-586203 …APPELLANT (BY SRI SANGANABASAVA B. PATIL, ADVOCATE) AND: 1. BASAVARAJ S/O ADIVEPPA METI, AGED ABOUT 43 YEARS, OCCUPATION: CLASS-I CONTRACTOR R/O. 17TH CROSS, VIDYAGIRI, BAGALKOT-587102 AND ALSO RESIDING AT BILAGI DISTRICT BAGALKOT-587101 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC-K:7806 MFA No. 200115 of 2024 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, 1ST FLOOR, SANGAM BUILDING, S.S. FRONT ROAD VIJAYAPURA-586101 …RESPONDENTS (SRI S.S. ASPALLI, ADVOCATE, FOR R2; R1-NOTICE DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGEMENT AND AWARD PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-V, VIJAYAPURA, IN MVC NO.381/2020 DATED 24.11.2021 AND TO ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF AS PRAYED FOR BY THE APPELLANT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P. SREE SUDHA ORAL JUDGMENT 1. This appeal is filed by the claimant against the judgment and award dated 24.11.2021 passed by the Principal Senior Civil Judge and M.A.C.T.-V, Vijayapura [for short ‘Tribunal’], in MVC No.381/2020, seeking enhancement of compensation. - 3 - HC-KAR NC: 2025:KHC-K:7806 MFA No. 200115 of 2024 2. The injured/claimant aged 36 years, met with an accident on 16.12.2019 and sustained grievous injuries. He filed claim petition before the Tribunal seeking compensation of Rs.20,00,000/-. The Tribunal after considering the entire evidence on record, awarded the compensation of Rs.2,63,700/- with interest at 6% per annum from the date of petition till realization and directed respondent No.2 -Insurance Company to pay the compensation. Aggrieved by the said award, the appellant-claimant has preferred this appeal. 3. Heard arguments of both the parties and perused the materials available on record. 4. The main contention of the appellant/claimant is that the Tribunal has awarded meagre compensation under all heads. It is contended that appellant was aged 36 years at the time of accident, doing agriculture and earning Rs.20,000/- per month. It is further contended that the appellant sustained fracture of lower distal 1/3rd tibia, fracture of right angle of mandible and other injuries - 4 - HC-KAR NC: 2025:KHC-K:7806 MFA No. 200115 of 2024 to all over the body, but the Tribunal has not properly considered the disability. Hence, I.A. No.2/2023 is filed for production of additional documents. 5. It is submitted by the learned counsel for respondent No.2 – Insurance Company that appellant ought to have examined the Doctor before the Tribunal, therefore, it is not a fit case for remand and requested to dispose of the matter basing the material available before this Court. 6. Though, appellant sustained multiple injuries as per Ex.P3 – Wound Certificate, the Doctor was not examined before the Tribunal to prove the disability. Learned counsel for the appellant submits that appellant intended to examine Doctor and thus requested for remand of the matter. 7. Admittedly, appellant sustained grievous injuries as per the Wound Certificate and the Doctor was not examined to assess the disability. Therefore, this - 5 - HC-KAR NC: 2025:KHC-K:7806 MFA No. 200115 of 2024 Court finds it reasonable to remand matter to the Tribunal to give an opportunity to the appellant to adduce the evidence of Doctor. Hence, I.A. No.2/2023 is allowed, subject to proof of the same. 8. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) Matter is remanded to the Tribunal with a direction to the Tribunal to provide an opportunity to both the parties to adduce oral and documentary evidence. (iii) The Tribunal is at liberty to dispose of the matter on merit by considering the additional evidence adduced by the both the sides. (iv) Since, appellant failed to examine the Doctor before the Tribunal at the earliest round of litigation, he is not entitled for interest from from 21.03.2022 to 16.12.2025. - 6 - HC-KAR NC: 2025:KHC-K:7806 MFA No. 200115 of 2024 (v) Parties are directed to appear before the Tribunal on 12.02.2026. (vi) Registry to send back the records within 10 days. SD/- (P. SREE SUDHA) JUDGE SBS List No.: 1 Sl No.: 66 CT: RJ