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2026 DAILYLAW 21056 (KAR)

JAYANTHA N NAIK v. M SRINIVASA

MFA/8033/2014 · 2026-06-12

P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28607 MFA No. 8033 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8033 OF 2014 (MV-I) BETWEEN: JAYANTHA N NAIK AGED ABOUT 29 YEARS S/O NAGAPPA MALLARI VILLAGE BATKAL KARVAR DISTRICT 581301. APPELLANT (BY SRI. VINAYA KEERTHY M.,ADVOCATE) AND: 1. M SRINIVASA AGED ABOUT 43 YEARS S/O NARASAYYA NANDITHAVARE CAMP HARIHAR TALUK 577217. 2. N RAMABABU AGED ABOUT 39 YEARS S/O KRISHNAMURTHY NANDITHAVARE CAMP HARIHAR TALUK 577217. 3. THE BRANCH MANAGER THE RELIANCE GENERAL INSURANCE #41, II FLOOR CRISTU COMPLEX Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28607 MFA No. 8033 of 2014 NEAR MANDOVI MOTOR LAVELLE ROAD BENGALOORU 560 001. RESPONDENTS (BY SRI. ASHOK N PATIL FOR R3.,ADVOCATE; V/O DTD 14.11.2022 NOTICE TO R2 IS D/W; R1 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED14.08.2014 PASSED IN MVC NO.37/2011 ON THE FILE OF THE SENIOR CIVIL AND ADDITIONAL MACT, HARIHAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. THIS APPEAL, COMING ON FOR ORDERS, 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/ claimant against the judgment and award dated 14.08.2014 passed in MVC.No.37/2011 on the file of the learned Senior Civil Judge and Additional MACT, Harihar. 2. The injured/claimant met with an accident on 22.10.2010 and filed the claim petition claiming compensation - 3 - HC-KAR NC: 2026:KHC:28607 MFA No. 8033 of 2014 of Rs.5,50,000/-. The Tribunal considering the entire evidence on record awarded total compensation of Rs.1,02,650/- together with interest at the rate of 6% per annum from the date of petition till deposit. Aggrieved by the said order he preferred an appeal. 3. IA.No.1/2023 is filed for production of additional document i.e. copy of the driving licence extract. At the time of argument learned counsel for the appellant requested this Court to remand back the matter to the Tribunal for adducing additional evidence. Therefore, this Court finds it reasonable to grant reasonable opportunity and to remand the matter with a specific condition that, he is not entitled for interest from the date of appeal i.e. 04.12.2014 till 12.06.2026. Accordingly, I pass the following: ORDER i) The appeal is allowed and remanded; ii) The Tribunal is specifically directed to give reasonable opportunity to both sides for adducing evidence, arguments and to dispose of the matter on merits by duly considering the - 4 - HC-KAR NC: 2026:KHC:28607 MFA No. 8033 of 2014 entire evidence on record within 2 months from the date of the order as it is a matter of 2014; iii) Both the counsels are directed to co-operate with the Tribunal for disposal of the case within the stipulated time; iv) Registry is directed to send back the records to the Trial Court within 10 days; v) Both the parties are directed to appear before the Tribunal on 13.07.2026; vi) All contentions of the parties are kept open. In view of the disposal of main appeal, pending interlocutory applications are disposed of. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 2