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2026 DAILYLAW 30698 (KAR)

DR HANUMANTHARAYAPPA v. DR JAYAMMA

MFA/6916/2017 · 2026-07-24

P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010541062017 NC: 2026:KHC:38428 MFA No. 6916 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6916 OF 2017 (MV-I) BETWEEN: DR. HANUMANTHARAYAPPA S/O LATE MUDALAGIRIYAPPA, AGED ABOUT 66 YEARS R/AT MARUTHI NILAYA, 1ST CROSS, K.R. EXTENSION, TUMKUR. …APPELLANT (BY SRI. RAVINDRA M.R., ADVOCATE) AND: 1. DR. JAYAMMA W/O HANUMANTHARAYAPPA, AGED ABOUT 61 YEARS JAYASHRI NURSING HOME, 1ST CROSS, K.R. EXTENSION, TUMKUR. 2. BRANCH MANAGER NEW INDIA ASSURANCE CO.LTD., SHOPPING COMPLEX, B.H.ROAD, TUMKUR. …RESPONDENTS (BY SRI. T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R1; SRI. P.B. RAJU, ADVOCATE AND SRI. P.S. JAGADISH, ADVOCATE FOR R2) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010541062017 NC: 2026:KHC:38428 MFA No. 6916 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.10.2012 PASSED IN MVC NO.43/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT-10 AT TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel for the appellant is absent. 2. Learned counsel for the respondent is present. 3. I.A.No.1/2023 is filed seeking permission to produce additional documents, namely, the following Income Tax Returns: "a. Income Tax Returns for the year 2005-06 of the Petitioner (Dr. Hanumantharayappa) b. Income Tax Returns for the year 2005-06 of the Nursing (M/s Jayashree Nursing Home) c. Income Tax Returns for the year 2007-08 for the Petitioner (Dr. Hanumantharayappa) - 3 - HC-KAR CNR: KAHC010541062017 NC: 2026:KHC:38428 MFA No. 6916 of 2017 d. Income Tax Returns for the year 2007-08 of the Nursing Home (M/s Jayashree Nursing Home)" 4. Learned counsel for the respondent objected to the said application on the ground that the documents were not produced before the Tribunal and that they ought to be proved by examining the proper witness. 5. Therefore, this Court finds it just and reasonable to receive the additional documents and to remand the matter to the Tribunal with a specific direction to both parties to lead evidence and advance their arguments before the Tribunal. The Tribunal is specifically directed to afford reasonable opportunity to both parties to adduce evidence and address arguments and thereafter to dispose of the matter on merits by duly considering the entire evidence on record, within three months from the date of receipt of this order. Since the matter pertains to the year 2017. 6. Registry is directed to transmit the records along with the documents produced under I.A. No.1/2023 to the Tribunal within ten days. - 4 - HC-KAR CNR: KAHC010541062017 NC: 2026:KHC:38428 MFA No. 6916 of 2017 7. Both parties are directed to appear before the Tribunal on 10.08.2026. 8. The claimants shall not be entitled to interest for the period from 04.09.2017 (the date of filing of the appeal) to 24.07.2026. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 47