Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:27955 MFA No. 6490 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6490 OF 2017 (MV-D) BETWEEN:
SRI VIJAYAKUMAR S/O PUTTARUDRAIAH AGED ABOUT 36 YEARS R/O NO 130, MALLESHAPURA, KORATAGERE NOW R/O 1ST CROSS, YALLAPURA, TUMKUR - 572101.
APPELLANT (BY SRI. K.N SUNIL ADVOCATE FOR SRI. RAMESH K.R.) AND:
1.
THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION, TRANSPORT HOUSE, K H ROAD, SHANTHINAGAR BANGALORE - 560003.
2.
THE MANAGER THE NEW INDIA ASSURANCE CO LTD D O 4TH FLOOR, TOWER BLOCK, UNITY BUILDINGS, J C ROAD, BANGALORE- 560002.
RESPONDENTS (BY SRI. F.S DABALI.,ADVOCATE FOR R1;
Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:27955 MFA No. 6490 of 2017
SRI. ANUP SEETHARAMRAO., ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.04.2017 PASSED IN MVC NO.1020/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, TUMAKURU, DISMISSING THE CLAIM PETITION FOR COMPENSATION AND ETC,.
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/ claimant against the
judgment and award dated 01.04.2017 passed in MVC.No.1020/2015 on the file of II Additional Senior Civil Judge and MACT, Tumakuru.
2. The injured/claimant met with an accident on 08.10.2014 and filed the claim petition claiming compensation of Rs.30,00,000/-. The Tribunal considering the entire evidence on record dismissed the claim petition. Aggrieved by the said
order he preferred an appeal.
3. At the time of the arguments, learned counsel for the appellant requested this Court that he intended to examine
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HC-KAR NC: 2026:KHC:27955 MFA No. 6490 of 2017
the charge sheet, witnesses and requested the matter to be remanded to the Trial Court. 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. 16.08.2017 till 10.06.2026. 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 entire evidence on record within 2 months from the date of the order as it is a matter of 2017; 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;
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HC-KAR NC: 2026:KHC:27955 MFA No. 6490 of 2017
v) Both the parties are directed to appear before the Tribunal on 06.07.2026; vi) All contentions of the parties are kept open.
Sd/- (P SREE SUDHA) JUDGE
PNV List No.: 1 Sl No.: 70