- 1 - HC-KAR NC: 2026:KHC:13916 MFA No. 1361 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.1361 OF 2024 (MV-I) BETWEEN: RUDRESHGOWDA S/O SHIVAKUMAR, AGED ABOUT 24 YEARS, R/O NUGGIHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT – 577 528. …APPELLANT (BY SRI. R. SHASHIDHARA, ADVOCATE) AND: 1. KUMARASWAMY S/O THONTADAPPA, AGED ABOUT 54 YEARS, DRIVER OF CAR BEARING NO.KA-35/N-6903, R/O GONDEDAHALLI VILLAGE, TARIKERE TALUK – 577 228 CHIKKAMAGALURU DISTRICT. Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13916 MFA No. 1361 of 2024 2. G.T. RAJASHEKHARAPPA S/O THAMMIYAPPA, AGED ABOUT 54 YEARS, OWNER OF CAR BEARING NO.KA-35/N-6903, R/O HOUSE NO.ID 45, J.S.W. TOWNSHIP, VIDYANAGARA, THORANAGALLU POST, SANDOORU TALUK, BALLARI DISTRICT – 583 119. 3. THE DIVISIONAL MANAGER, ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., DIVISION OFFICE, HIGH SCHOOL FIELD OPP, P.B. ROAD, DAVANAGERE – 577 501. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A. FOR SRI. S. KRISHNA KISHORE, ADVOCATES FOR R3; V/O DT: 28.01.2026, NOTICE TO R1 & R2 D/W) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.12.2022 PASSED IN MVC NO.88/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:13916 MFA No. 1361 of 2024 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. Learned counsel for the appellant and respondents are present. 2. This appeal is filed against the common award of the Tribunal in MVC No.88/2020 dated 31.12.2022. It is a case of injury and this appeal is filed against the award of the Tribunal for enhancement of the compensation. 3. At the time of arguments, learned counsel for the appellant stated his intention to examine the Neurosurgeon to ensure proper assessment of the disability. Therefore, the matter is remanded to the Trial Court with a specific direction to provide reasonable opportunity to both parties to adduce evidence and to present arguments. The Trial Court shall dispose of the matter on its merits, duly considering the entire evidence on record, within two months from the date of this order. - 4 - HC-KAR NC: 2026:KHC:13916 MFA No. 1361 of 2024 4. The Registry is directed to send the records to the trial Court within 10 days. Both the parties are directed to appear before the tribunal on 16.03.2026. Sd/- (P SREE SUDHA) JUDGE LL List No.: 1 Sl No.: 45