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2026 DAILYLAW 33238 (KAR)

SURESH PRABHU v. SHUBHA V PRABHU

MFA/1156/2017 · 2026-07-28

P Sree Sudha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010224172017 NC: 2026:KHC:39262 MFA No. 1156 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1156 OF 2017 (MV-I) BETWEEN: SURESH PRABHU S/O LATE UPENDRA PRABHU, AGED ABOUT 45 YEARS, R/AT PRABHU VIHAR, BOGINAHADI, MARNE POST AND VILLAGE, MOODUBELLE, UDUPI TALUK AND DISTRICT-576 101. …APPELLANT (BY SRI. GANESHA R., ADVOCATE) AND: 1. SHUBHA V PRABHU W/O VISHWANATH PRABHU, MAJOR, R/O H NO. 1-27, GAVALKAR HOUSE, MARNE POST AND VILLAGE, VIA MOODUBELLE, UDUPI TALUK AND DISTRICT-576 101. 2. THE DIVISIONAL MANAGER NEW INDIA ASSURANCE CO. LTD., D.O.OFFICE, SRI RAM ARCADE BUILDING NEAR POST OFFICE, UDUPI UDUPI DISTRICT-576 101. …RESPONDENTS (BY SRI. R. JAIPRAKASH., ADVOCATE FOR R2, V/O DTD:30.11.2017 NOTICE TO R1 IS D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010224172017 NC: 2026:KHC:39262 MFA No. 1156 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 09.09.2016 PASSED IN MVC NO.622/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, 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 This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 09.09.2016 passed in MVC No.622/2014 on the file of the Additional Senior Civil Judge, Additional MACT, Udupi, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. 3. IA No.1/2025 is filed for receiving of additional documents i.e. medical bills to an extent of Rs.4,27,210/- incurred by the petitioner after the disposal of the case. - 3 - HC-KAR CNR: KAHC010224172017 NC: 2026:KHC:39262 MFA No. 1156 of 2017 4. Therefore, the matter is remanded to the Tribunal with a specific direction to give a reasonable opportunity to the petitioner to adduce evidence and for arguments on this aspect and to dispose of the matter within 2 months from the date of the order, as the matter pertains to the year 2017. Accordingly, this appeal is hereby allowed and remanded. 5. Both the counsels are directed to co-operate with the Tribunal for disposal of the case within the stipulated period. Both the parties are directed to appear before the Tribunal on 10.08.2026. Registry is directed to send the records along with the IA documents, within 10 days from the date of this order. AKV_CT:NR_List No.: 1 Sl No.: 63 Sd/- (P SREE SUDHA) JUDGE