- 1 - HC-KAR NC: 2026:KHC:8128 MFA No. 4003 of 2015 C/W MFA No. 4004 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4003 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 4004 OF 2015 (MV-I) IN MFA No. 4003/2015 BETWEEN: VENKATESH S/O SRINIVASAPPA @ SEENAPPA, AGED ABOUT 31 YEARS, R/AT D. PALYA AT POST, GOWRIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT - 561 206. …APPELLANT (BY SRI. MAHESH SHETTY, ADVOCATE) AND: 1. NEW INDIA INSURANCE CO. LTD., REGIONAL OFFIE, NO.2-B, UNITY BUILDING ANNEX, MISSION ROAD, BANGALORE - 27. 2. SRI. RENUKA ENTERPRISES SRI SANGAYYA V HIREMATH, PROPRIETOR, NO.189, 2ND MAIN, PAI LAYOUT, OLD MADRAS ROAD, BANGALORE - 16. …RESPONDENTS (BY SRI. C.R. RAVISHANKAR, ADVOCATE FOR R1; SRI. K.L. PRABHAKAR, ADVOCATE FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8128 MFA No. 4003 of 2015 C/W MFA No. 4004 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.9.2014 PASSED IN MVC NO.123/2013 ON THE FILE OF THE 8TH ADDITIONAL SMALL CAUSES JUDGE, 33RD ACMM, MEMBER, MACT, BENGALURU, DISMISSING THE CLAIM PETITION FOR COMPENSATION. IN MFA NO. 4004/2015 BETWEEN: SHOBHA K.R, W/O VENKATESH, AGED ABOUT 24 YEARS, R/A D. PALYA AT POST, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 561 206 ...APPELLANT (BY SRI. MAHESH SHETTY, ADVOCATE) AND: 1. NEW INDIA INSURANCE CO. LTD., REGIONAL OFFIE, NO.2-B, UNITY BUILDING ANNEX, MISSION ROAD, BANGALORE - 27. 2. SRI. RENUKA ENTERPRISES SRI SANGAYYA V HIREMATH, PROPRIETOR, NO.189, 2ND MAIN, PAI LAYOUT, OLD MADRAS ROAD, BANGALORE - 16. ...RESPONDENTS (BY SRI. C.R. RAVISHANKAR, ADVOCATE FOR R1; RESPONDENT 2 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.9.2014 PASSED IN MVC NO.124/2013 ON THE FILE OF THE 8TH ADDITIONAL SMALL CAUSES JUDGE, 33RD ACMM, MEMBER, MACT, BENGALURU, DISMISSING THE CLAIM PETITION FOR COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:8128 MFA No. 4003 of 2015 C/W MFA No. 4004 of 2015 THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT These appeals are filed by the claimants against the awards of the Tribunal in M.V.C.Nos.123/2013 and 124/2013 dated 29.09.2014 by the Court of VIII Additional Small Causes Judge and MACT (SCCH-5) at Bengaluru. 2. Heard both the counsel. 3. The accident occurred on 01.12.2012 and it is the case of the claimants that rider of the motorcycle dashed the lorry, which was stopped suddenly without any indication or signal. The charge sheet is filed against the driver of the lorry. The complaint was given by the brother on the same day mentioning the lorry number. But in Ex.P15(a to d), it was mentioned as skid and fall. The Tribunal considering the said aspect dismissed the claim petition. Against which, this appeal is preferred. - 4 - HC-KAR NC: 2026:KHC:8128 MFA No. 4003 of 2015 C/W MFA No. 4004 of 2015 4. Now the counsel for the appellants intended to request for remand of the matter to examine the complainant and to adduce relevant evidence. 5. Therefore, at his request, the matter is remanded with a specific direction to the Tribunal to give reasonable opportunity to both the sides for adducing evidence and for arguments to dispose of the matters on merits by duly considering the entire evidence on record, within 3 months from the date of this order. The appellants-claimants are not entitled for interest from the date of appeal i.e., 30.05.2015 till today i.e., 10.02.2026. Both the parties are directed to appear before the Tribunal on 11.03.2026. Registry is directed to send the records in ten days. Accordingly, the appeals are allowed. Sd/- (P SREE SUDHA) JUDGE KA, List No.: 1 Sl No.: 49