- 1 - HC-KAR NC: 2026:KHC:15412 M.F.A. No.4200/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.4200/2020 (MV-I) BETWEEN: SMT. YASHODHA W/O BABU AGE ABOUT 62 YEARS R/AT NO.43/1, 1ST MAIN ROAD 4TH CROSS, ROBERTSON PET BLOCK RAMACHANDRAPURA BENGALURU - 560021. …APPELLANT (BY SMT. SUNITHA B.H. ADV., FOR SRI. RAJANNA, ADV.,) AND: THE MANAGING DIRECTOR BENGALURU METROPOLITAN TRANSPORT CORPORATION LTD SHANTHINAGAR, K.H. ROAD BENGALURU - 560027. …RESPONDENT (BY SRI. F.S. DABALI, ADV.,) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.06.2019 PASSED IN MVC NO.6300/2018 ON THE FILE OF THE VIII ADDITIONAL SCJ AND XXXIII ACMM, MEMBER, MACT, BENGALURU SCCH-5, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15412 M.F.A. No.4200/2020 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured appellant challenging the judgment and awarded dated 06.06.2019 passed in MVC.No.6300/2018 by the VIII Additional Small Causes Judge and MACT, Bengaluru, (SCCH-5), (for short 'the Tribunal'). 2. Though this appeal is listed for admission, with the consent of the learned counsel for the parties, it is taken up for final disposal. 3. Smt.Smitha B.H., learned counsel for Sri.Rajanna, learned counsel appearing for the appellant submits that the Tribunal has committed a grave error in appreciating the evidence of the injured appellant, the doctor and other documentary material available on record. It is submitted that the appellant sustained crush injuries, hence, she was required to be re-admitted to the - 3 - HC-KAR NC: 2026:KHC:15412 M.F.A. No.4200/2020 hospital and underwent further treatment. In order to substantiate the same, the appellant has filed an application seeking permission to produce additional documents. It is further submitted that the said documents indicate that the appellant has incurred medical expenses of more than Rs.3,30,000/-. Accordingly, she seeks to remand the matter back to the Tribunal so that the Tribunal can reassess the compensation appropriately. 4. Per contra, Sri.F.S.Dabali, learned counsel appearing for the respondent/Corporation opposes the appeal and submits that the evidence on record clearly indicates that the injuries sustained by the appellant had healed and that she had recovered. It is submitted that now the application is filed seeking to produce additional documents and tried to substantiate a claim that the appellant was again hospitalized and incurred further expenses. It is further submitted that there is a gap of nearly four years between the date of discharge and the - 4 - HC-KAR NC: 2026:KHC:15412 M.F.A. No.4200/2020 re-admission, hence, it would be inappropriate to consider the application. Accordingly, he seeks to dismiss the appeal. 5. I have heard the arguments on both the sides and meticulously perused the material available on record including Tribunal records. 6. It is not in dispute that the appellant met with a road accident on 19.09.2018 and it is also not in dispute between the parties that the accident, injuries and disability were caused due to the actionable negligence of the driver of the respondent/Corporation bus, and they are liable to pay the compensation. The Tribunal, considering the oral and documentary evidence, assessed the income of the injured appellant at Rs.9,000/- per month and the disability at 18% and awarded a total compensation of Rs.8,22,000/- along with interest at the rate of 9% per annum from the date of petition till the date of realization. - 5 - HC-KAR NC: 2026:KHC:15412 M.F.A. No.4200/2020 7. The appellant has filed an application under Order XLI Rule 27 of the Code of Civil Procedure, 1908, accompanied by an affidavit. A perusal of the affidavit indicates that the appellant was provided further treatment and was hospitalized as an inpatient from 13.07.2022 to 28.07.2022, for a period of 17 days. The treatment provided by the doctor has been extracted in the affidavit. Along with the application, the appellant has produced the discharge summary, 40 medical prescriptions and 36 medical bills. 8. The learned counsel for the respondent/Corporation has vehemently opposed the application contending that there is a gap of nearly four years between the earlier discharge and the re-admission, therefore, it would not be appropriate to consider the said documents. Taking note of the said submission and considering the averments made in the affidavit, I am of the considered view that the interest of justice would be met if the matter is remitted back to the Tribunal with an - 6 - HC-KAR NC: 2026:KHC:15412 M.F.A. No.4200/2020 opportunity to the appellant to produce the said documents before the Tribunal, adduce oral evidence to substantiate the same, and if the Tribunal provides an opportunity to the respondent to cross-examine the witness. 9. Learned counsel for the respondent submits that the appellant is not entitled to interest from the date of application i.e., 07.06.2023, in the event that the Tribunal accepts the evidence and enhances the compensation. In my considered view, the respondent/Corporation is permitted to raise the said plea before the Tribunal, which shall consider the same in accordance with law. Accordingly, I proceed to pass the following: ORDER i. The MFA.No.4200/2020 is allowed. ii. The impugned judgment and award of the Tribunal dated 06.06.2019 passed in - 7 - HC-KAR NC: 2026:KHC:15412 M.F.A. No.4200/2020 MVC.No.6300/2018 by the VIII Additional Small Causes Judge and MACT, Bengaluru, (SCCH-5), is set aside. iii. The matter is remitted to the Tribunal for fresh consideration in accordance with law. iv. The parties are at liberty to adduce the evidence. v. The Registry is directed to return the original documents produced along with the application in IA.No.1/2023, after substituting them with the xerox copies, to enable the appellant to produce the same before the Tribunal. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 17