- 1 - HC-KAR CNR: KAHC010486512013 NC: 2026:KHC:36199 MFA No. 10371 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.10371 OF 2013(MV-I) BETWEEN: NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, NO.144, SUBHARAM COMPLEX, M.G.ROAD, BANGALORE - 560 001. REPRESENTED BY ITS ASST. MANAGER R.LAKSHMANA RAO. …APPELLANT (BY SRI.ANUP SEETHARAMA RAO, ADVOCATE) AND: 1. SMT. V. REDDAMMA, W/O M. CHANDRASHEKAR, AGED ABOUT 39 YEARS, NO.18, SAI SADAN, SUBRAMANYAPURA MAIN ROAD, UDAYANAGAR, CHIKKALASANDRA, BANGALORE - 560 061. 2. MR. SHAMU, MAJOR, S/O CHANGAMA NAIDU K, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010486512013 NC: 2026:KHC:36199 MFA No. 10371 of 2013 R/A NO.20, 3RD MAIN ROAD, CANARA BANK COLONY, CHIKKALASANDRA, OPP:SHANTHI SAGAR, UTTARAHALLI MAIN ROAD, BANGALORE - 560 061. …RESPONDENTS (BY SRI.S.M.MUNIRAJU, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 16.10.2015) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.11.2009 PASSED IN MVC NO.6212/2007 ON THE FILE OF THE 14TH ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES, BANGALORE, AWARDING A COMPENSATION OF RS.1,65,000/-WITH INTEREST @ 8%P.A FROM THE DATE OF PETITION TILL THE DATE OF DPOSITING THE AMOUNT IN COURT. THIS APPEAL, COMING ON FOR 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 challenging the judgment and award dated 19.11.2009 passed in MVC No.6212/2007, by the MACT., Addl. Judge, Court of Small Causes, Bengaluru City (SCCH-10) (for short 'Tribunal'). - 3 - HC-KAR CNR: KAHC010486512013 NC: 2026:KHC:36199 MFA No. 10371 of 2013 2. Heard the arguments of the learned counsel for both sides. 3. Injured claimant met with an accident on 20.06.2007 and filed claim petition. Tribunal considering the entire evidence on record granted an amount of Rs.1,65,000/- with interest at the rate of 8% p.a. from the date of petition till the date of deposit. Being aggrieved by the same, Review Petition No.43/2010 is filed by the Insurance Company against the said order to reduce the excess amount granted by the Tribunal under the head medical expenses. Their contention is that they incurred only Rs.1,520/- instead of Rs.80,000/- granted by the Tribunal towards medical expenses. They stated that their investigator collected three letters from the concerned hospitals and as per the said letters under Ex.P1 to P3, he spent only Rs.1,520/- but the Tribunal erred in granting the excess amount. The said Review petition was rejected on the ground that they have procured the information after the pronouncement of the judgment and subsequent documents cannot be looked into. Against the said order, this appeal is filed. - 4 - HC-KAR CNR: KAHC010486512013 NC: 2026:KHC:36199 MFA No. 10371 of 2013 4. It is for the insurance company to establish their case by filing relevant documents and also examining the concerned witnesses before the Court. Therefore, this Court finds it reasonable to remand the matter with a specific direction to give reasonable opportunity to both sides for adducing evidence and for arguments and to dispose of the matter afresh only on the medical expenses within one month from the date of receipt of a copy of the order. Accordingly, the following order is passed: ORDER (i) Appeal is allowed. (ii) The Tribunal is directed to dispose of the matter within one month after affording opportunity to both sides, both counsels are directed to co- operate with the Court for disposal of case within stipulated period. (iii) Registry is directed to send back the records within ten days. - 5 - HC-KAR CNR: KAHC010486512013 NC: 2026:KHC:36199 MFA No. 10371 of 2013 (iv) Both the parties are directed to appear before the Tribunal on 03.08.2026. (v) Amount in deposit is to be transferred to MACT. In view of the disposal of main petition, pending I.A. stand closed. Sd/- (P SREE SUDHA) JUDGE PSJ List No.: 1 Sl No.: 21