- 1 - HC-KAR NC: 2026:KHC:26039 MFA No. 3154 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3154 OF 2023 (MV-DM) BETWEEN: 1. MR. ASHWATHAM HEGDE S/O UMESH HEGDE AGED ABOUT 46 YEARS RESIDING AT FLAT No. 306 3RD FLOOR, RATHNA APARTMENTS MADRI, MANGALURU D.K. DISTRICT- 575 003. …APPELLANT (BY SRI RAVISHANKAR SHASTRY G, ADVOCATE) AND: 1. MR. H.C NAGARAJAIAH PROP.M/S SEABIRDJ TOURIST CENTRE MAJOR No. 25, 2ND CROSS SRI RAM BUILDING, K.G. ROAD, BANGALORE DISTRICT OFFICE BUILDING, BANGALORE NORTH BANGALORE PIN -560 008. 2. RELIANCE GENERAL ILNSURANCE CO. LTD., BRANCH OFFICE RGIC, 28, EAST WING 5TH FLOOR, CENTENARY BUILDING M.G. ROAD, BANGALORE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26039 MFA No. 3154 of 2023 REPRESENTED BY ITS BRANCH MANAGER PIN-560 001. …RESPONDENTS (BY SRI. RAJU S, ADVOCATE FOR R1 SMT. T N MALATHI, ADVOCATE FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.07.01.2023 PASSED IN MVC No.1190/2018 ON THE FILE OF THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND MACT, MANGALURU, D.K, DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This petition is filed by the appellant –claimant challenging the judgment and award dated 07.01.2023 passed in MVC No.1190/2018 by the Principal Senior Civil Judge and CJM and MACT, Mangaluru D.K. 2. The facts leading to filing of the claim are as follows: a. That on 23.01.2018 at about 07.30 a.m., at Peraje on Puttur- Mani road, the appellant -claimant was proceeding towards Mani from Puttur side by driving the - 3 - HC-KAR NC: 2026:KHC:26039 MFA No. 3154 of 2023 bus bearing registration No.KA-19/D-7070 and when he reached the said place, a bus bearing No.KA-02/AA- 2946 came from behind in a high speed with rash and negligent manner and dashed against claimant's vehicle. Due to the said impact, the claimant's bus bearing No.KA-19/D-7070 got damaged. The claimant kept his vehicle at the R.V.Body Building Works C/o Sri Ram Garage, Magaladevi Temple, Road, Mangaluru for repairs. The Universal Marine Insurance Surveyor and Loss Assessor surveyed the damage to the bus of the claimant, submitting a report stating the damages and charges required for repairs. The claimant has spent Rs.80,000/- for repairs of his damaged vehicle and Rs.4,000/- for surveys fee towards the assessment of damage to the vehicle. The accident occurred due to the rash and negligent driving of bus bearing No.KA-02 –AA-2946 by its driver. b. The respondents being the owner and the insurer of the said bus are liable to pay the damages to the claimant. - 4 - HC-KAR NC: 2026:KHC:26039 MFA No. 3154 of 2023 c. Respondent No.2 –Insurer has filed statement of objections and contented that the petition is not maintainable. Respondent No.2 denied that the accident has taken place due to the rash and negligent driving of the driver of the bus bearing No.KA-02-AA-2946. He also denied that the claimant has spent Rs.80,000/- towards bus repair and Rs.4,000/- for the surveyors fee. He contended that the driver of the bus KA-02/AA-2946 and driver of bus bearing No.KA-19/D-7070 had no valid and effective driving license to drive the bus at the time of accident. 3. On the basis of the above pleadings, the Tribunal has framed the following issues: ” 1. Whether the petitioner proves that his vehicle bus bearing Reg. No.KA-19-D-7070 got damaged in a road traffic accident that occurred on 23.1.2018 at 7.30 a.m. at Peraje on Puttur-Mani road due to rash and negligent driving of the driver of the bus bearing Reg. No.KA-02/AA-2946? 2. Whether the petitioner is entitle for compensation? If so, how much of compensation he is entitle and from whom? 3. What Order or Award?” - 5 - HC-KAR NC: 2026:KHC:26039 MFA No. 3154 of 2023 a. The claimant has been examined as P.W.1, got examined two witnesses as P.W.2. and P.W.3 and got marked documents as Ex.P1 to Ex.P24. b. The Tribunal, after hearing the arguments on both sides and appreciating the evidence on record has answered Issue Nos.1 and 2 in the negative and dismissed the petition. c. Aggrieved by the said judgment and award passed by the Tribunal, the appellant -claimant is before this Court. 4. Learned counsel for the appellant –claimant has filed IA No.1/2025 under Order 41 Rule 27 of CPC seeking permission to produce extract of ‘B’ register of motor vehicle bearing No.KA-19/D-7070 which is enclosed with the application. Respondent No.2 -insurer has not filed any objections to the said application. On perusal of the impugned judgment, the claim petition of the appellant - claimant seeking damages sustained to his bus has been - 6 - HC-KAR NC: 2026:KHC:26039 MFA No. 3154 of 2023 rejected on the ground that he has failed to establish that he is the owner of the bus and the accident has taken place due to rash and negligent driving of bus bearing No.KA-02/AA-2946 by its driver. In order to prove the said two aspects, the Tribunal has observed that no document is produced to indicate that the bus belongs to the appellant -claimant and the filing of charge sheet against the driver of bus bearing No.KA-02/AA-2946. 5. Learned counsel for the appellant –claimant now in this appeal has produced ‘B’ register extract of bus bearing No.KA-19/D-7070 to establish that he is owner of the bus. Learned counsel for the appellant –claimant has also submits that he is also having a certified copy of the charge sheet filed against the driver of bus bearing No.KA- 02/AA-2946 and these documents will establish the case of the claimant. Since the claim petition has been dismissed, there is no assessment of damages by the appellant -claimant. On perusal of averments of the affidavit enclosed to the application filed under Order 41 - 7 - HC-KAR NC: 2026:KHC:26039 MFA No. 3154 of 2023 Rule 27 CPC. The case has been made out for leading additional evidence to prove the documents enclosed in the said application i.e., the ‘B’ register extract. Considering the said aspect, an opportunity has to be given to the appellant to lead further evidence to prove his case by marking ‘B’ register extract and charge sheet filed against the driver of the bus bearing No.KA-02/AA-2946. As the damages has not been assessed, the matter requires to be remanded for giving an opportunity to get further evidence on the documents produced along with the application and another document which the claimant will produce i.e., charge sheet filed against driver of the bus bearing No.KA-02-AA-2946. 6. Learned counsel respondent No.2 -insurer submits that due to the fault of the appellant –claimant now the matter is being remanded. Therefore, the appellant -claimant is not entitled to interest from the date of impugned judgment till this day. - 8 - HC-KAR NC: 2026:KHC:26039 MFA No. 3154 of 2023 7. Learned counsel for appellant submits that the material already on record with the appellant –claimant also establishes that the claimant is owner of the bus and the accident has taken place due to rash and negligent driving of the bus bearing No.KA-02-AA-2649. Considering the said contentions of both, the Tribunal is at liberty to consider award of interest or not for that period. Considering the above aspect, the following ORDER i) The appeal is allowed. ii) Impugned judgment and award dated 07.01.2023 passed in MVC No.1190/2018 by the Principal Senior Civil Judge and CJM and MACT, Mangaluru D.K. is set aside. iii) IA No.1/2025 filed under Order 41 Rule 27 of CPC is allowed. iv) Learned counsel for the appellant is permitted to produce additional evidence i.e., ‘B’ register - 9 - HC-KAR NC: 2026:KHC:26039 MFA No. 3154 of 2023 extract and certified copy of the charge sheet before the Tribunal. v) The matter is remanded to the Tribunal for giving an opportunity to the appellant to lead further evidence and to dispose of the claim petition in accordance with law. vi) Registry is directed to send documents produced along with IA No.1/2025 to the Tribunal along with a copy of this judgment forthwith. vii) The appellant -claimant and respondent No.2 - insurer are directed to appear before the tribunal on 06.07.2026. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 44