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2026 DAILYLAW 29551 (KAR)

MR. RAJU @ RAJU GOVINDAPPA LAMANI v. MR. RAJ KUMAR SINGH

MFA/6776/2019 · 2026-07-10

P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:35546 MFA No. 6776 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6776 OF 2019 (MV-I) BETWEEN: MR. RAJU @ RAJU GOVINDAPPA LAMANI S/O GOVINDAPPA LAMANI, AGED ABOUT 32 YEARS, R/AT 37, LOCAL COMMITTEE, HEREMARALIHALLI, SAVANOORU, HAVERI, HAVERI DISTRICT PIN-581 110. …APPELLANT (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND: 1. MR. RAJ KUMAR SINGH S/O SURANJAN SINGH, ADULT, R/AT DOOR NO 9-8-439/9, AZIZUDDIN ROAD, BUNDER, MANGALURU TALUK, D.K.DISTRICT PIN-575 001. 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., BHARATH BUILDING, P.M.RAO ROAD, HAMPANAKATTA, MANAGALURU, D.K.DISTRICT-575 001. …RESPONDENTS (BY SRI. M. ARUN PONNAPPA., ADVOCATE FOR R2, V/O DTD:23.01.2024 NOTICE TO R1 IS HELD SUFFICIENT) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35546 MFA No. 6776 of 2019 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 11.07.2019 PASSED IN MVC NO.662/2016 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND II ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, MANGALURU, DAKSHINA KANNADA, DISMISSING THE CLAIM PETITION FOR COMPENSATION. 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 under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 11.07.2019 passed in MVC No.662/2016 on the file of the I Additional District Judge and II Additional Motor Accident Claims Tribunal, Mangaluru, Dakshina Kannada, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondents. The ranks of the parties are retained as per tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:35546 MFA No. 6776 of 2019 3. The injured claimant who met with an accident on 05.02.2016 filed a claim petition claiming compensation of Rs.8 lakhs. The Tribunal considering entire evidence on record had dismissed the appeal. 4. Aggrieved by the said order, petitioner preferred an appeal, now at the time of the arguments, both counsel requested the court to remand the matter to the trial court for adducing evidence properly, on the ground that there are discrepancies regarding date and time of accident. Therefore, this court finds that it is just and reasonable to remand the matter to the tribunal with a specific direction to grant reasonable opportunity to both sides for adducing evidence and arguments and to dispose of matter by duly considering the entire evidence on record within three months from the date of the order. Further, the petitioner is not entitled for the interest from 16.08.2019 to 10.07.2026. Accordingly, this appeal is hereby allowed and remanded back to the Tribunal. - 4 - HC-KAR NC: 2026:KHC:35546 MFA No. 6776 of 2019 Registry is directed to send the records in 10 days. Both the parties are directed to appear before the tribunal on 03.08.2026. Both counsel are directed to co-operate for disposal of the matter within the stipulated period. Sd/- (P SREE SUDHA) JUDGE AKV List No.: 2 Sl No.: 41