- 1 - HC-KAR CNR: KAHC010373492017 NC: 2026:KHC:36765 MFA No. 6231 of 2017 C/W MFA.CROB No. 55 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6231 OF 2017 (MV-D) C/W MFA CROSS OBJECTION NO. 55 OF 2018 (MV-D) IN MFA No. 6231/2017 BETWEEN: DIVISIONAL MANAGER M/S. TATA AIG GENERAL INSURANCE COMPANY LTD., NO.374, SUNNI CENTRE, 1ST FLOOR NEW KALIDASA ROAD, VIJAYANAGAR, MYSURU, REPRESENTED BY BANGALORE ZONAL OFFICE NO.69, 3RD FLOOR, J.P. & DEVI JAMBUKESWAR ARCADE MILLER ROAD, BANGALORE - 560 052, REPRESENTED BY MANAGER. …APPELLANT (BY SRI. RAVI S. SAMPRATHI, ADVOCATE) AND: 1. SMT. NEELAMMA W/O LATE SHIVAMALLASHETY @ SHIVAMALLU AGED ABOUT 47 YEARS 2. SMT. MAHADEVAMMA Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010373492017 NC: 2026:KHC:36765 MFA No. 6231 of 2017 C/W MFA.CROB No. 55 of 2018 W/O LATE SHIVAMALLASHETY @ SHIVAMALLU AGED ABOUT 45 YEARS 3. KUM. LAKSHMI D/O LATE SHIVAMALLASHETY @ SHIVAMALLU AGED ABOUT 21 YEARS ALL RESIDING AT KUNNAGALLI VILLAGE KOLLEGALA TALUK, CHAMRAJANAGAR DISTRICT. 4. SRI. SHANKARA S/O VENKATAIAH MAJOR IN AGE, NO.32, SHIVAKALLI VILLAGE & POST YALANDUUR TALUK CHAMARAJANAGAR DISTRICT. …RESPONDENTS (BY SRI. K.M. SANATH KUMARA, ADVOCATE FOR R1 TO R3; VIDE ORDER DATED 13.07.2021, NOTICE TO R4 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.04.2017 PASSED IN MVC NO.394/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, KOLLEGAL, AWARDING COMPENSATION OF Rs.8,68,052/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA.CROB NO. 55/2018 BETWEEN: 1. NEELAMMA W/O SHIVAMALLUSHETTY @ SHIVAMALLU AGE 52 YEARS - 3 - HC-KAR CNR: KAHC010373492017 NC: 2026:KHC:36765 MFA No. 6231 of 2017 C/W MFA.CROB No. 55 of 2018 2. MAHADEVAMMA W/O SHIVAMALLUSHETTY @ SHIVAMALLU AGE 50 YEARS 3. LAKSHMI W/O SHIVAMALLUSHETTY @ SHIVAMALLU AGE 21 YEARS ALL ARE R/AT KUNAGALLI VILLAGE KOLLEGAL TALUK, CHAMARAJNAGAR DISTRICT - 571 303. ...CROSS OBJECTORS (BY SRI. SANATH KUMARA K.M, ADVOCATE) AND: 1. SHANKARA S/O VENKATAIAH MAJOR, R/AT SHIVAKALLI VILLAGE AND POST YALANDUR TALUK, CHAMARAJANAGAR DISTRICT - 571 303. 2. DIVISIONAL MANAGER THE TATA AIG GENERAL INSURANCE CO. LTD., NO.374, SUNNI CENTER, 1ST FLOOR NEW KALIDASA ROAD, VIJAYANAGAR MYSURU - 570 026. ...RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2) THIS MFA CROB IN MFA NO.6231/2017 PASSED U/O.41 RULE 22 CPC, AGAINST THE JUDGMENT AND AWARD DT.22/04/2017 PASSED IN MVC.NO.394/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, - 4 - HC-KAR CNR: KAHC010373492017 NC: 2026:KHC:36765 MFA No. 6231 of 2017 C/W MFA.CROB No. 55 of 2018 KOLLEGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT FOR COMPENSATION. THIS MFA AND MFA.CROB, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. These appeals are filed against the judgment and award passed by the Senior Civil Judge and Judicial Magistrate First Class, Kollegala, (for short "the Tribunal") in MVC No.394/2015 dated 24.02.2017. MFA No.6231/2017 is filed by the Insurance Company, and MFA Crob. No.55/2018 is filed by the claimants, challenging the award passed by the Tribunal. Aggrieved by the said order, the Insurance Company has preferred MFA No.6231/2017. - 5 - HC-KAR CNR: KAHC010373492017 NC: 2026:KHC:36765 MFA No. 6231 of 2017 C/W MFA.CROB No. 55 of 2018 3. At the time of arguments, the learned counsel for the appellant submitted that they are disputing the age of the deceased. According to them, they have produced an Election Identity Card, which shows that the deceased was aged 65 years as on the date of the accident. However, the Tribunal relied upon the post-mortem report and considered his age as 50 years. They have filed only a xerox copy of the said document. The same was allowed by the Court as there was no objection from the other side. Therefore, they requested for remand of the matter. 4. The matters are remanded to the Tribunal with a specific direction to grant reasonable opportunity to both sides and to decide the issue of age and to dispose of the case on merits within two months from the date of this order, as it is a matter of the year 2017. 5. With the above observation, these matters are allowed and remanded back to the Tribunal. 6. Registry is directed to send back the records. - 6 - HC-KAR CNR: KAHC010373492017 NC: 2026:KHC:36765 MFA No. 6231 of 2017 C/W MFA.CROB No. 55 of 2018 7. Both parties are directed to appear before the Tribunal on 03.08.2026. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 48