- 1 - HC-KAR CNR: KAHC010519782022 NC: 2026:KHC:37582 MFA No. 7678 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7678 OF 2022 (MV-I) BETWEEN: SRI. BEERAPPA @ BAIRAPPA S/O LATE CHANNAPPA, AGED ABOUT 61 YEARS, R/AT TAVAREKERE VILLAGE, BENGALURU RURAL, KARNATAKA 562 122. …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: 1. NAGARAJAPPA, S/O. DHASE GOWDA, MAJOR, R/AT BYLANARASAPURA HOSAKOTE BENGALURU RURAL BENGALURU 562 122 (RC OWNER TRACTOR BEARING NO.KA-53/T1952). 2. THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010519782022 NC: 2026:KHC:37582 MFA No. 7678 of 2022 EAST WING 5TH FLOOR NO.28, CENTURY BUIDLING M.G. ROAD, BENGALURU 560001 (POLICY NO.1401217230007919 VALID FROM 12-12-2017 TO 26-12-2018) …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R-2; NOTICE TO R-1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.07.2019 PASSED IN MVC NO.2745/2018 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII A.C.M.M., MEMBER, M.A.C..T, MAYO HALL UNIT, BENGALURU (SCCH-19). THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT Being dissatisfied with the compensation awarded in MVC No.2745/2018 dated 05.07.2019 by the XV Addl. Small Causes Judge and XXIII A.C.M.M. Member, M.A.C.T. Bengaluru, - 3 - HC-KAR CNR: KAHC010519782022 NC: 2026:KHC:37582 MFA No. 7678 of 2022 (hereinafter referred to as 'the Tribunal') claimant is before this Court in this appeal. 2. Parties are referred to as per their ranking before the Tribunal. 3. The factual matrix of the case is that on 28.12.2017 at about 7.30 p.m., the claimant was travelling as a pillion rider on a motorcycle bearing Reg.No.KA-04/EN-675 on the Kolar– Hosakote Main Road. When the motorcycle reached the service road near MVJ Hospital, in front of Basaveshwara Shop, a tractor bearing Reg.No.KA-53/T-1952, driven by its driver in a rash and negligent manner, came from the opposite direction and dashed against the motorcycle. Due to the impact, the claimant fell on the road and sustained injuries. He was initially shifted to MVJ Hospital for first aid and was thereafter referred to HOSMAT Hospital, Bengaluru, for further treatment. Consequently, he filed a claim petition before the Tribunal seeking compensation for the injuries sustained in the accident. 4. Upon appreciation of the oral and documentary evidence on record, the Tribunal partly allowed the claim - 4 - HC-KAR CNR: KAHC010519782022 NC: 2026:KHC:37582 MFA No. 7678 of 2022 petition and awarded compensation of Rs.11,96,314/- with interest at 9% p.a. However, the Tribunal held that the rider of the motorcycle on which the claimant was travelling as a pillion rider had also contributed to the occurrence of the accident to the extent of 10% and accordingly attributed 10% contributory negligence. Consequently, the claimant was held entitled to compensation of Rs.10,77,000/- with interest at 9% p.a. 5. Heard the learned counsel for the appellant- claimant and the learned counsel for respondent-Insurance Company. 6. Learned counsel for the appellant-claimant has filed I.A.No.1/2024 seeking to produce additional documents. It is contended that the claimant incurred medical expenses of Rs.2,42,051/- towards his treatment. However, the said medical bills were not produced before the Tribunal as they were obtained after the disposal of the claim petition. Under such circumstances, he prays to allow the appeal by considering the medical bills. - 5 - HC-KAR CNR: KAHC010519782022 NC: 2026:KHC:37582 MFA No. 7678 of 2022 7. Learned counsel for the Insurance Company opposed the appeal by contending that though the Insurance Company made an attempt to verify the medical bills produced along with I.A.No.1/2024, the hospital authorities did not furnish the relevant particulars. In such circumstances, he submits that the matter may be remitted back to the Tribunal for consideration of those bills by leading evidence of the concerned witnesses. Accordingly, he prays to remit the matter back to the Tribunal. 8. I have given my anxious consideration both on the submission made by the learned counsel for both the parties and perused the materials available on record. 9. As could be gathered from records, the accident in question and coverage of the insurance policy to the offending tractor are not in dispute. I have perused the documents placed along with I.A.No.1/2024. On careful perusal of the same, the medical bills along with the application belong to the claimant and are issued for having taken treatment in the hospital. However, the contention raised by the learned counsel for the respondent-Insurance Company that though they made an - 6 - HC-KAR CNR: KAHC010519782022 NC: 2026:KHC:37582 MFA No. 7678 of 2022 attempt to verify those bills, opportunities were not provided to them to verify the same, in such circumstances, I find substantial force in the contention raised by the learned counsel for the Insurance Company. In that view of the discussion above, the matter requires to be remitted back to the Tribunal for fresh consideration by providing opportunity to both the parties to lead further evidence and to produce documents if any, including the documents placed along with I.A.No.1/2024. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The judgment and award passed by the Tribunal in MVC No.2745/2018 dated 05.07.2019 by the XV Addl. Small Causes Judge and XXIII A.C.M.M. Member, M.A.C.T. Bengaluru is set aside. iii. Matter is remitted back to the Tribunal for fresh consideration. iv. All contentions are left open. - 7 - HC-KAR CNR: KAHC010519782022 NC: 2026:KHC:37582 MFA No. 7678 of 2022 v. The Tribunal is also at liberty to frame any additional issues if any, for adjudication of the claim. vi. I.A.No.1/2024 is disposed of in view of the above discussion. vi. The parties shall appear before the Tribunal on 24.08.2026 without further notice. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 11