- 1 - HC-KAR NC: 2026:KHC:3466 MFA No. 4931 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 4931 OF 2022 (MV-I) BETWEEN: SHABBIR AHMED KHAN S/O LATE GAIBAN KHAN NOW AGED ABOUT 54 YEARS R/A TANJAVOOR MOHALLA MADDUR ROAD, CHOWDESHWARI STREET KUNIGAL TOWN, TUMKUR DISTRICT. …APPELLANT (BY SRI. RAGHU R, ADVOCATE) AND: 1. BASAVARAJU S/O PUTTAIAH N, MAJOR R/A C.C. PURA AND HOBLI GUBBI TALUK - 572 216, Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3466 MFA No. 4931 of 2022 TUMKURU DISTRICT. 2. THE MANAGER TATA AIG GEN INSURANCE CO. LTD., 5TH FLOOR, WEST ENTRANCE KHANIJA BHAVANA, RACE COURSE ROAD BANGALORE - 01. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE COURT ORDER DATED 18.08.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.02.2019 PASSED IN MVC NO.1119/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT-XI, KUNIGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:3466 MFA No. 4931 of 2022 ORAL JUDGMENT Heard Sri. Raghu R learned counsel for the appellant as well as Sri. B. Pradeep learned counsel for respondent No.2. 2. The claimant in MVC No.1119/2012 which stood pending before the Motor Accident Claims Tribunal-XV, Kunigal and was disposed of through order dated 18.02.2019 is before this Court. 3. The collective submission that is made by Sri.Raghu R learned counsel for the appellant as well as Sri. B. Pradeep learned counsel for respondent No.2 is that the discussion at paragraphs 14 and 15 of the impugned order does not pertain to the case facts and it appears that the contents at paragraphs 14 and 15 were taken from some other order and were pasted in this order by the tribunal. Both the learned counsel also submits that in those paragraphs there is a mention that the appellant took treatment at Victoria Hospital, Bangalore and indeed he never took treatment at the said hospital. Both the learned counsel also states that without any discussion on the merits of the matter, the tribunal simply awarded Rs.80,000/- - 4 - HC-KAR NC: 2026:KHC:3466 MFA No. 4931 of 2022 as compensation globally. Both the learned counsel thereby seeks to pass necessary orders. 4. As rightly submitted, this Court does not find any reasoning given for awarding a sum of Rs.80,000/- as compensation to the appellant herein. The impugned order is subjected to strict scrutiny in the light of the material produced by the appellant as evidence. This Court finds that the tribunal totally went wrong in arriving at a conclusion with regard to the amount which the appellant is entitled to as compensation. Therefore, this Court considers desirable to set aside the impugned order and to remand the matter back to the Tribunal for fresh consideration. Therefore, the appeal is disposed of with the following:- ORDER i. The appeal is allowed. ii. The order that is rendered by the Motor Accident Claims Tribunal-XV, Kunigal in MVC No.1119/2012 dated 18.02.2019 is set aside. - 5 - HC-KAR NC: 2026:KHC:3466 MFA No. 4931 of 2022 iii. The matter is remanded back to the same tribunal with a direction to consider the entire evidence afresh, to hear both sides and thereafter to pass a reasoned order. iv. As the accident occurred in the year 2012 and the litigation is pending since then, the Tribunal is directed to dispose of the matter as early as possible preferably within a period of 3 months from the date of receipt of copy of this judgment. v. Registry to send the copy of the judgment to the concerned Tribunal forthwith. vi. Both parties are directed to appear before the tribunal on 25.02.2026. Issuance of further notice to the parties is not required. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 40