- 1 - HC-KAR CNR: KAHC010349342023 NC: 2026:KHC:38735 MFA No. 4728 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 4728 OF 2023 (MV-D) BETWEEN: 1. SRI NAGESH K S S/O LATE K. SIDDEGOWDA AGED ABOUT 45 YEARS. 2. SMT. MANJULA K S D/O LATE K. SIDDEGOWDA AGED ABOUT 42 YEARS. 3. SMT. PAVITRA K S D/O LATE K. SIDDEGOWDA AGED ABOUT 38 YEARS ALL ARE RESIDENT OF SHUBHASITHA NILAYA 3RD CROSS, N.E.S.EXTENSION, MALAVALLI TALUK, MANDYA DISTRICT-571 430 …APPELLANTS (BY SRI. CHANDRASHEKARAIAH B.,ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010349342023 NC: 2026:KHC:38735 MFA No. 4728 of 2023 AND: 1. MR ABDUL SHAHID P P S/O ABDULLA MAJOR (AGE OF R-1 NOT KNOWN TO APPELLANTS) R/O NO. 1678, PULATHAPULIKKOTTI HOUSE MANIMOOLY, NILAMBUR MALAPURAM DISTRICT KERALA STATE - 679 333. 2. THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE COMPANY LTD., RAJARAM BUILDING, II FLOOR OPPOSITE TO NEW BUS STAND BADAGARA, CALICUT DISTRICT KERALA STATE - 673 101 BY ITS MANAGER. …RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE FOR R2, V/O DTD 22.04.2026, NOTICE TO R1 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.26.12.2022 PASSED IN MVC NO.1012/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - HC-KAR CNR: KAHC010349342023 NC: 2026:KHC:38735 MFA No. 4728 of 2023 ORAL JUDGMENT This appeal is filed by the claimants seeking enhancement of compensation awarded in the judgment and award dated 26.12.2022 passed in MVC No.1012/2020 by the learned Senior Civil Judge and MACT Malavalli. 2. Even though this appeal is listed for admission, it is taken up for disposal with the consent of learned counsel for appellants and learned counsel for respondent No.2. 3. The appellants/claimants made a claim petition praying to award compensation for the death of K Siddegowda (father of the claimants No.1 to 3) in a road traffic accident occurred on 24.02.2020 contending that the accident occurred due to rash and negligent driving of driver of lorry bearing Regn. No.KL-40-H 9586. The Tribunal, after recording evidence, appreciating the - 4 - HC-KAR CNR: KAHC010349342023 NC: 2026:KHC:38735 MFA No. 4728 of 2023 evidence on record, assessed the compensation and awarded compensation under various heads as under: 1. Loss of dependency - Rs.5,79,960/- 2. Funeral expenses - Rs. 16,500/- 3. Loss to estate - Rs. 16,500/- 4. Loss of parental consortium to the petitioners No.1 to 3- Rs.1,20,000/- (Rs.40,000/- each) ----------------------------------------------------------------- Total Rs.7,32,960/- 4. The Tribunal has also awarded interest at the rate of 9% per annum from the date of petition till realisation and directed the respondent No.2/Insurer to deposit the award amount with interest. The claimants seeking enhancement of award amount have filed the present appeal. 5. Heard the learned counsel for appellants and learned counsel for respondent No.2/Insurer. 6. The learned counsel for appellants has filed IA No.2 under Order XLI Rule 27 read with Section 151 of CPC seeking production of additional documents viz, 1) - 5 - HC-KAR CNR: KAHC010349342023 NC: 2026:KHC:38735 MFA No. 4728 of 2023 copy of pension book of deceased K. Siddegowda, and 2) copy of bank passbook of deceased K. Siddegowda. 7. The learned counsel for appellants would contend that the deceased was working as Revenue Inspector, he was superannuated on 30.11.1995 and he was getting pension of Rs.24,556/-. The claimants could not produce the documents pertaining to the pension of the deceased before the Tribunal. The claimants have now produced copies of the pension payment order and the bank passbook of the deceased in order to show what is the pension he was getting. He further submits that the claimants found those documents after disposal of the claim petition by the Tribunal. As per the documents now produced along with the application, the income of the deceased has to be taken at Rs.24,556/- per month. With this, he prayed to allow the appeal. 8. Learned counsel for respondent No.2 would submit that the documents sought to be produced are the - 6 - HC-KAR CNR: KAHC010349342023 NC: 2026:KHC:38735 MFA No. 4728 of 2023 pension payment order book copy and bank pass book copy and those documents require to be admitted in evidence and for that purpose, the matter requires to be remanded. The claimants are not entitled to interest from the date of judgment of Tribunal till this day as there is delay in production of documents. 9. Having heard the learned counsel for the parties, the Court has perused the judgment and award and other materials placed on record. 10. The deceased was aged 80 years and he was a retired Revenue Inspector. Since no documents were placed on record by the claimants, the Tribunal has taken the notional income at Rs.14,500/-. Now the appellants along IA No.2/2023 filed under Order XLI Rule 27 read with Section 151 of CPC have sought for production of copies of pension payment order and bank passbook of the deceased. As per the said documents, the deceased was getting pension of Rs.24,556/- per month. The claimants - 7 - HC-KAR CNR: KAHC010349342023 NC: 2026:KHC:38735 MFA No. 4728 of 2023 did not produce these two documents before the Tribunal. The claimants have stated that they found those documents after disposal of the case by the Tribunal. Considering the said aspect, the claimants have made out a case for production of additional evidence as prayed in IA No.2/2023. The documents sought under the said application are relevant. Since the evidence is to be lead on those documents, matter requires to be remanded to the Tribunal. In view of the same, the following: ORDER i) The appeal is allowed in part. ii) IA No.2/2023 filed by the appellants/claimants under Order XLI Rule 27 read with Section 151 of CPC is allowed and appellants are permitted to produce additional documents sought under the said application. iii) The impugned judgment and award dated 26.12.2022 passed in MVC No.1012/2020 by the learned Senior Civil Judge and MACT, Malavalli is set aside only in respect of quantum of compensation. - 8 - HC-KAR CNR: KAHC010349342023 NC: 2026:KHC:38735 MFA No. 4728 of 2023 iv) The matter is remanded to the Tribunal to give opportunity to both the parties to lead further evidence in respect of income of the deceased. v) The appellants shall produce original of pension payment order and bank passbook of the deceased before the Tribunal and are permitted to lead further evidence on those documents. vi) The respondent No.2 insurer is at liberty to lead further evidence, if any. vii) Both the parties are directed to appear before the Tribunal without awaiting any Court notice on 27.08.2026. Registry is directed to send a copy of this order to the Tribunal forthwith with documents produced under I.A.No.2/2023. The contentions of the Insurer with regard to disentitling the claimants to interest, as there is a delay in production of documents is kept open. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM/List No.: 1 Sl No.: 37