- 1 - HC-KAR NC: 2026:KHC:680 MFA No. 255 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 255 OF 2024 (MV-I) BETWEEN: SURESH S/O. KALLAPPA AGED ABOUT 33 YEARS R/AT HEGEDEHALLI VILLAGE AJJAMPURA HOBLI AJJAMPURA TALUK CHICKAMAGALURU DISTRICT - 577 547. …APPELLANT (BY SRI GIRISH, ADVOCATE) AND: 1. M.H.SHEKARAPPA S/O. HALAPPA AGED ABOUT 52 YEARS R/AT SIDDARAHALLI VILLAGE, DUGALAPURA POST KASABA HOBLI TARIKERE TALUK CHICKAMAGALURU DISTRICT - 577 144. 2. THE MANAGER UNITED INDIA INSURANCE COMPANY K.M.ROAD CHICKAMAGALURU - 577 101. …RESPONDENTS (BY SRI S.V. HEGDE MULKHAND, ADVOCATE FOR R2; R1 SERVED) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:680 MFA No. 255 of 2024 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 04.01.2023 PASSED IN MVC.NO.123/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, TARIKERE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments on both sides. 2. This appeal is filed by the appellant-claimant against the judgment and award dated 04.01.2023 passed in MVC No.123/2021 by the Senior Civil Judge and MACT, Tarikere. 3. The injured claimant, aged about 31 years, met with an accident on 03.11.2019 and filed the claim petition, seeking compensation. The tribunal after considering the facts and circumstances and evidence on record, has awarded compensation of Rs.53,068/- along with interest at the rate of 6% per annum from the date of petition till the date of deposit of the award amount. - 3 - HC-KAR NC: 2026:KHC:680 MFA No. 255 of 2024 4. Being aggrieved by the said judgment and award, the appellant-claimant has preferred the present appeal. 5. Learned counsel for appellant-claimant contended that the claimant sustained a fracture of wrist femur as per Ex.P-8. However, the claimant has not examined the Doctor before the tribunal. Hence, he seeks to remand the matter for examination of the Doctor before the tribunal. 6. Per contra, learned counsel for respondent No.2-Insurance Company contends that the tribunal has awarded just and reasonable compensation, which does not call for interference. Hence, he seeks dismissal of the appeal. 7. The submissions of the learned counsel for appellant-claimant that since the Doctor has not examined before the tribunal, he seeks to remand the matter back to the tribunal. Therefore, I deem it appropriate to remit this - 4 - HC-KAR NC: 2026:KHC:680 MFA No. 255 of 2024 matter back to the tribunal for granting an opportunity to the appellant-claimant for examination of the Doctor. 8. Accordingly, I pass the following: ORDER i) The appeal is allowed; ii) The matter is remitted back to the tribunal for granting an opportunity to the appellant- claimant for examination of the Doctor. iii) The tribunal is directed to dispose of the matter within three (03) months by duly giving an opportunity on both sides for adducing evidence and for arguments. iv) It is made clear that the appellant-claimant is not entitled for interest on the compensation amount from the date of award till date. v) The original records shall be transmitted to the jurisdictional tribunal forthwith within ten (10) days. - 5 - HC-KAR NC: 2026:KHC:680 MFA No. 255 of 2024 vi) Both the parties are directed to appear before the tribunal on 02.02.2026. Sd/- (P SREE SUDHA) JUDGE CPN List No.: 1 Sl No.: 79