- 1 - HC-KAR NC: 2026:KHC:2608 MFA No. 4097 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4097/2025 (MV-I) BETWEEN: THE MANAGER THE NEW INDIA ASSURANCE CO. LTD.. CENTENARY BUILDING, 2ND FLOOR, GANAPATHY HIGH SCHOOL ROAD, MANGALORE, DK REPRESENTED BY THE MANAGER THE NEW INDIA ASSURANCE COMPANY LIMITED MOTOR THIRD PARTY CLAIMS, HUB MAHALAKSHMI CHAMBERS, NO.9, 2ND FLOOR, M.G. ROAD, BENGALURU-560 001. …APPELLANT (BY SRI. VENKATESH KAMATH B R., ADVOCATE) AND: 1. RAMEEZA D/O RAZAK, AGE 20 YEARS R/AT. VIDYAPURA HOUSE, KABAKA VILLAGE, PUTTUR TALUK, D.K. DIST. MINOR REPRESENTED BY HIS NATURAL/ LEGAL GUARDIAN MOTHER ASMA W/O RAZAK AGED ABOUT 28 YEARS 2. KUSUMADHARA, W/O. NARAYANA GOWDA, AGED 42 YEARS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:2608 MFA No. 4097 of 2025 R/AT. D.NO.1-103-1 GUDDEMANE HOUSE HALEMAJALU, NADUGALLU POST, NALKUR VILLAGE, SULLIA TALUK, D.K. …RESPONDENTS (R1 – RAMEEZA SERVED, R2-KUSUMADHARA SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.28.09.2016 PASSED IN MVC NO.672/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT, PUTTUR, D.K, AWARDING COMPENSATION OF RS.86,100/- WITH INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL COMING ON FOR ORDERS 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/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 28.09.2016 passed in MVC No.672/2014 on the file of the Additional Senior Civil Judge and MEMBER, MACT, Puttur, D.K. 2. Learned counsel for the appellant is present. In spite of service of notice respondents remained ex-parte. - 3 - HC-KAR NC: 2026:KHC:2608 MFA No. 4097 of 2025 3. Heard the arguments of the learned counsel for appellant. 4. The New India Insurance Company filed IA before the Tribunal to produce additional documents. The main contention of the learned counsel for appellant is that the policy was issued by Tata Insurance Company, and they never issued any policy. He further stated that he filed application for impleading Tata AIG General Insurance Co. Ltd., but it was not disposed of, till the disposal of the main petition. As such, Tribunal directed the New India Insurance Company/R2 to deposit Rs.86,100/- along with interest at the rate of 7% p.a., within one month of the passing of the award. Immediately the Insurance Company filed another application on 15.11.2016 for impleading and it was disposed of on 02.07.2024. As such, they preferred an appeal with a delay of 2,334 days. Admittedly, there is no delay on the part of the Insurance Company. The Tribunal passed orders in the petition - 4 - HC-KAR NC: 2026:KHC:2608 MFA No. 4097 of 2025 without disposing of the IA pending before the Tribunal. The Insurance Company immediately along with the counter filed an IA to implead another Insurance Company, by clearly stating that they have not issued any policy. But for the reasons best known to the Tribunal, the IA was not disposed of. As such, the question of impleading Tata AIG General Insurance Company was not considered at all. As a result, the present appellant/Insurance Company was directed to deposit the amount and later they have filed an application before the Tribunal, but it was disposed of, after 8 years and it amounts to gross abuse of the process of law. 5. Therefore, this Court finds it reasonable to condone the delay of 2,334 days in IA No.1/2025. IA No.2/2025 is filed to receive the additional documents. As the documents are relevant for the disposal of the main case, this Court finds it reasonable to receive the additional documents and the matter is remanded to the - 5 - HC-KAR NC: 2026:KHC:2608 MFA No. 4097 of 2025 Tribunal with a specific direction to give reasonable opportunity to both sides for adducing evidence and for arguments and to consider the additional documents and to dispose of the matter on merits, within two months from the date of this order by giving top priority. Accordingly, this appeal is hereby disposed off. The Registry is directed to return the Trial Court records to the Tribunal, along with certified copy of the order passed by this Court within 10 days from the date of receipt of the copy of this order. Both the parties are directed to appear before the Tribunal on 09.02.2026 and no further notice is required to other side. Both the parties along with their counsels are directed to co-operate with the court for the disposal of the case within the stipulated period, as no extension will be granted in future. - 6 - HC-KAR NC: 2026:KHC:2608 MFA No. 4097 of 2025 In view of disposal of this appeal, all the pending interlocutory applications does not survive for consideration. Accordingly, pending interlocutory applications are hereby disposed of. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 33