- 1 - HC-KAR CNR: KAHC010390882016 NC: 2026:KHC:40676 MFA No. 5618 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5618 OF 2016 (MV-D) BETWEEN: UNITED INDIA INSURANCE CO. LTD., HUNSUR BRANCH, HEAD POST OFFICE ROAD, HUNSUR COMPEX HUNSUR-571 105 THROUGH ITS REGIONAL OFFICE, 5TH & 6TH FLOORS, KRUSHI BHAVAN, HUDSON CIRCLE, BANGALORE-560 001 REP. BY ITS DEPUTY MANAGER SMT. SUDHA RAO. …APPELLANT (BY SRI. JANARDHAN REDDY., ADVOCATE) AND: 1. SMT. CICILYA AGED ABOUT 66 YEARS, W/O LATE K.T.JOSEPH, R/AT BIRADAHALLI VILLAGE, SUNDEKERE HOBLI, SAKALESHAPURA TALUK, HASSAN DISTRICT-573 201 PRESENTLY R/AT, C/O. MR. ANTHONY, SHANTHINAGARA CIRCLE, 1ST MAIN, HEMAVATHINAGAR, HASSAN-573 201. 2. SHRESHTA S/O BALAKRISHNA, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010390882016 NC: 2026:KHC:40676 MFA No. 5618 of 2016 MAJOR IN AGE, R/AT NO.274, AREHALLY TOWN, SAKALESHAPURA ROAD, BELUR TALUK-573 301. …RESPONDENTS (BY SRI. M S VENUGOPAL., ADVOCATE FOR R1, V/O DTD: 27.05.2019 SERVICE OF NOTICE TO R2 IS H/S) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 17.01.2013 PASSED IN MVC NO.288/2011 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, HASSAN, AWARDING COMPENSATION OF Rs.1,85,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. 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 under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 17.01.2013 passed in MVC No.288/2011 on the file of the Additional Senior Civil Judge, Additional MACT, Hassan. 2. This I.A.No.1/2026 is filed by the Insurance Company for receiving of ‘Act only policy’ as an additional document and the said copy of policy is received and the matter is remanded to the tribunal at the request of respondent counsel. - 3 - HC-KAR CNR: KAHC010390882016 NC: 2026:KHC:40676 MFA No. 5618 of 2016 3. Tribunal is directed to provide reasonable opportunity to both sides for adducing evidence and for arguments and to dispose of the matter on merits within one month from the date of this order, as the matter pertains to the year 2016 Accordingly, this appeal is allowed and remanded. Registry is directed to send the record along with the IA, within 10 days from the date of this order. Both parties are directed to appear before the Tribunal on 17.08.2026. Amount in deposit is to be transferred to the MACT. Insurance Company is entitled for the refund of the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 48