- 1 - HC-KAR NC: 2026:KHC:25698 MFA No. 8627 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8627 OF 2016 (MV-D) BETWEEN: MR. JOSEPH NELSON BAPTIST S/O LATE HARMAN J BAPTIST AGED 45 YEARS, R/AT ST. JOSEPH NAGAR JEPPU KANKANADY MANGALORE. …APPELLANT (BY SRI. GURUPRASAD B.R, ADVOCATE) AND: 1. THE NEW INDIA ASSURANCE COMPANY LTD., 4TH FLOOR, FORTUNE BUILDING, OPP: ATENA HOSPITAL FALNIR, MANGALORE - 575 002 REPRESENTED BY ITS MANAGER. 2. SMT. SHANTHI GOVIAS W/O LATE RONALD GOVIAS AGED 46 YEARS R/AT D.NO.17-11-848 BISHOP COMPOUND, ATTAVARA, KANKANADY POST MANGALORE - 575 002. …RESPONDENTS (BY SRI. K. SURYANARAYANA RAO, ADVOCATE FOR R1; SRI. G. RAVISHANKAR SHASTRY, ADVOCATE FOR R2) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:25698 MFA No. 8627 of 2016 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.03.2016 PASSED IN MVC NO.30/15 ON THE FILE OF THE 3RD ADDITIONAL DISTRICT JUDGE & MEMBER, MACT-4, D.K., MANGALORE, AWARDING COMPENSATION OF RS.9,00,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel for both sides are present. 2. This appeal is filed against the award of the III Additional District Judge, MACT-IV, D.K., Mangalore in MVC No.30/2015 dated 04.03.2016. This is a case of death in which the Insurance Company contended that deceased was a gratuitous passenger and accordingly, the insurance company was exonerated from the liability. 3. Being aggrieved by the said order, the claimant preferred this appeal and mainly contended that the deceased was traveling with the goods, he was owner and driver of the vehicle. - 3 - HC-KAR NC: 2026:KHC:25698 MFA No. 8627 of 2016 4. At this stage, both the counsels requested that the matter be remanded to the Tribunal for adducing proper evidence. Therefore, the matter is remanded to the Tribunal with a specific direction to dispose of the matter within two months from the date of the order and the Tribunal is directed to give reasonable opportunity to both the sides for adducing evidence and arguments and to decide the matter on merits. 5. Accordingly, the appeal is allowed and remanded back to the MACT for fresh consideration. Registry is directed to send the records within 10 days from the date of this order. Statutory amount is to be transferred to the MACT. Both the parties are directed to appear before the Tribunal on 22.06.2026. Sd/- (P SREE SUDHA) JUDGE rv List No.: 1 Sl No.: 48