- 1 - HC-KAR NC: 2026:KHC:6917 MFA No. 2820 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2820/2024 (MV-I) BETWEEN: B N KEERTHIRAJ S/O M NAGARAJU, AGED ABOUT 27 YEARS, RESIDING AT BILLAPURA, BENGALURU SOUTH, BENGALURU - 562125. …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN., ADVOCATE) AND: 1. M/S A K CONCRETE BLOCKS PROP. V. ASHOK KUMAR, MAJOR, NO. 316, THYAVAKANAHALLI VILLAGE, SARJAPUR MAIN ROAD, BIDARAGUPPE PO, ANEKAL TALUK, BENGALURU RURAL - 562 107 (RC OWNER OF TIPPER LORRY BEARING REG. NO. KA-51-D-5059) 2. THE MANAGER, HDFC ERGO GENERAL INSURANCE CO., LTD., 25/1, 2ND FLOOR, SHANKAR NARAYAN BUILDING, MG ROAD, BENGALURU – 560 001. (POLICY NO. 2315 2028 4891 6300 000, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6917 MFA No. 2820 of 2024 VALID FROM 02/07/2019 TO 01/07/2020) …RESPONDENTS (BY SRI. B. PRADEEP., ADVOCATE FOR R2, R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.11.2023 PASSED IN MVC NO. 2874/2020 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER-MACT, COURT OF SMALL CAUSES,BENGALURU(SCCH-24), DISMISSING THE CLAIM PETITION FOR COMPENSATION. 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 Learned counsel for both parties are present. 2. This appeal is filed by claimant against the dismissal of the award passed in MVC No.2874/2020 on 07.11.2023 on the file of the XXII Additional Small Causes Judge and ACMM, MEMBER-MACT, Court Of Small Causes, Bengaluru. 3. Injured claimant met with an accident on 23.05.2020 and filed claim petition claiming compensation. The Tribunal considering the entire evidence on record, dismissed the application. Aggrieved by the said order, he preferred an appeal and today requested before this court to remand the - 3 - HC-KAR NC: 2026:KHC:6917 MFA No. 2820 of 2024 matter for adducing the evidence and also to examine author of Ex.P11 to prove the involvement of the vehicle. 4. This court finds it reasonable to remand the matter, with a specific direction to the Tribunal to grant reasonable opportunity to both sides for adducing evidence and for arguments and to dispose of the matter on merits by duly considering the entire evidence on record within two months from the date of this order. Accordingly, this appeal is disposed of. Registry is directed to send the records to the Trial Court within 10 days. Further, the appellant is not entitled for interest from the date of appeal i.e, 7.11.2023 till today i.e.,05.02.2026. Parties are directed to appear on 17.02.2026. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 91