- 1 - HC-KAR NC: 2026:KHC:543 MFA No. 345 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. 345 OF 2024 (MV-I) BETWEEN: SRI NAGARAJU S/O. KARIGOWDA AGED ABOUT 61 YEARS R/AT MINAKEREDODDI MALURU HOBLI CHANNAPATNA TALUK. …APPELLANT (BY SRI RAJU S., ADVOCATE) AND: 1. ATHMANANTHA H.M. S/O. MARIGOWDA AGE: MAJOR R/AT HOODIKEHOSAHALLI KASABA HOBLI CHANNAPATNA TALUK - 572 159. 2. THE NEW INDIA ASSURANCE CO. LTD., NO.2241/4, GIRIYAMMA SHAMBUGOWDA COMPLEX CHURCH ROAD CHANNAPATNA TOWN - 572 159 REPRESENTED BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI B.C. SEETHARAMA RAO, ADVOCATE FOR R2; R1 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 18.03.2020 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:543 MFA No. 345 of 2024 PASSED IN MVC.NO.575/2014 BY THE SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT, CHANNAPATTANA. 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 18.03.2020 passed in MVC No.575/2014 by the Senior Civil Judge and JMFC and Additional MACT, Channapattana. 3. The injured claimant, aged about 51 years, met with an accident on 31.07.2014 and filed the claim petition, seeking compensation of Rs.30,00,000/-. The tribunal after considering the facts and circumstances and evidence on record, had dismissed the petition on the ground that the claimant had failed to prove his case. - 3 - HC-KAR NC: 2026:KHC:543 MFA No. 345 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 has not examined the Investigating Officer before the tribunal and he seeks to remand the matter for examination of the Investigating Officer. 6. Per contra, learned counsel for respondent No.2-Insurance Company contends that in spite of granting sufficient opportunities to the claimant, he has not examined the Investigating Officer and thus, the tribunal has rightly dismissed the petition and it is to be confirmed. 7. The submissions of the learned counsel for appellant-claimant that since the Investigating Officer has not examined before the tribunal, he seeks to remand the matter back to the tribunal. Therefore, I deem it - 4 - HC-KAR NC: 2026:KHC:543 MFA No. 345 of 2024 appropriate to remit this matter back to the tribunal for granting an opportunity to the appellant-claimant for examination of the Investigating Officer. 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 Investigating Officer. 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. - 5 - HC-KAR NC: 2026:KHC:543 MFA No. 345 of 2024 v) The original records shall be transmitted to the jurisdictional tribunal forthwith within ten (10) days. vi) Both parties are directed to appear before the tribunal on 03.02.2026. Sd/- (P SREE SUDHA) JUDGE CPN List No.: 1 Sl No.: 81