Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 20283 (KAR)

UNITED INDIA INSURANCE CO LTD v. SRI NINGE GOWDA

MFA/7578/2015 · 2026-06-08

P Sree Sudha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:27222 MFA No. 7578 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7578 OF 2015 (MV-I) BETWEEN: UNITED INDIA INSURANCE CO. LTD ., NO.40, LAKSHMI COMPLEX K.R. ROAD, BANGALORE. THROUGH ITS REGIONAL OFFICE 5TH AND 6TH FLOOR, KRISHI BHAVAN NRUPATHUNGA ROAD, BENGALURU - 01. REP. BY ITS DEPUTY MANAGER K.N. SURESH …APPELLANT (BY SRI. KRISHNA KISHORE S, ADVOCATE) AND: 1. SRI. NINGE GOWDA AGED ABOUT 51 YEARS S/O SRI. KARIGOWDA RESIDING AT NO.218, 3RD CROSS, ANDRAHALLI BENGALURU. 2. THE MANAGING DIRECTOR BMTC CENTRAL OFFICE, K.G. ROAD, SHANTHINAGAR BENGALURU - 560 027. …RESPONDENTS (BY SRI. K. NAGARAJ, ADVOCATE FOR R2; VIDE ORDER DATED 22.02.2019, R1 NOTICE THROUGH PAPER PUBLICATION IS ACCEPTED) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27222 MFA No. 7578 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.12.2013 PASSED IN MVC NO.399/2012 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE AND XXVIII ACMM, MACT, BENGALURU, AWARDING COMPENSATION OF RS.71,084/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. 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 This appeal is filed by the appellant/Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 02.12.2013 passed in MVC Nos.399/2012, on the file of the II Additional Small Causes Judge and XXVIII ACMM, Bengaluru. 2. Heard the arguments of learned counsel for both sides. - 3 - HC-KAR NC: 2026:KHC:27222 MFA No. 7578 of 2015 3. I.A.No.2/2015 is filed for receiving of additional documents as mentioned in the application. Learned counsel for the appellant stated that the claimant did not met with an accident due to road traffic accident, and as such, he has filed these documents. Therefore, this Court finds it reasonable to receive the documents and the matter is remanded to the Tribunal for adducing proper evidence to prove the case. 4. The matter is remanded to the Tribunal with a specific direction to give reasonable opportunity to both parties for adducing evidence and for arguments, and to decide the matter afresh by duly considering the entire evidence on record within a period of two months from the date of the order, as the matter pertains to the year 2015. Both counsels are directed to cooperate with the Tribunal for disposal of the matter within the stipulated period. 5. The Registry is directed to transmit the records to the Tribunal within ten days. - 4 - HC-KAR NC: 2026:KHC:27222 MFA No. 7578 of 2015 6. Both parties are directed to appear before the Tribunal on 29.06.2026. 7. The amount in deposit shall be refunded to the Insurance Company. 8. I.A.No.3/2015 is closed, in view of the remand of the main appeal. Sd/- (P SREE SUDHA) JUDGE SHS List No.: 1 Sl No.: 50