- 1 - HC-KAR NC: 2026:KHC:3418 MFA No. 1559 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21STDAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.1559 OF 2020 (MV-I) BETWEEN: 1. UDAY GOWDA PATIL S/O PUTTAPPA GOWDA, MANAGER GREEN HONDA SHOW ROOM, SHIVAPPA NAYAKA NAGARA, SAGAR-577 401 …APPELLANT (BY SRI. BIMBADHAR M GOWDAR.,ADVOCATE) AND: 1. HARISHA K S/O KANTESHAPPA.B AGED 31 YEARS,DRIVER, R/O KOTTA VILLAGE, AMATEKOPPA POST, SHIKARIPURA-577 427 2. VIJAYA KUMAR S/O RAMAPPA @ RANGAPPA AGED 34 YEARS, R/O HOSADHOOPADAHALLI VILLAGE, BHADRAPURA POST, SHIKARIPURA-577 427 3. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., THE DIVISIONAL MANAGER, NO.82, 2ND FLOOR, SVR COMPLEX, HOSUR MAIN ROAD, - 2 - HC-KAR NC: 2026:KHC:3418 MFA No. 1559 of 2020 MADIWALA, BENGLAURU-560 058. …RESPONDENTS (BY SRI. B.C.SHIVANNEGOWDA.,ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R3; R2 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.07.2019 PASSED IN MVC NO. 582/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, M.A.C.T-9, SAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT 1. The present appeal has been filed seeking challenge to order dated 11.07.2019 passed by learned Principal Senior Civil Judge and JMFC and Addl. MACT, Sagar in MVC No.582/2017 (hereinafter ‘Impugned Order’). By the Impugned Order compensation in a sum of Rs.1,23,281/- along with interest at 6% p.a. has been awarded to the Appellant/Claimant. - 3 - HC-KAR NC: 2026:KHC:3418 MFA No. 1559 of 2020 2. The brief facts are that on 02.04.2017, at around 5.10 p.m. while the appellant was travelling in his Swift car bearing registration No.KA-14-N-9108 and upon reaching Kalmane cross road near Hosalli village, Tirthahalli taluk, the respondent No.1, who was driving his Tata Ace Mega goods vehicle bearing registration No.KA-15-A-2150 in the opposite direction, in a rash and negligent manner and at high speed collided with the vehicle of the appellant. As a result of the accident, the appellant suffered severe injuries and was required to be hospitalized. 2.1 The appellant filed a claim petition before the learned Trial Court. The owner of the vehicle as well as the Insurance Company appeared as Respondents Nos.2 & 3 respectively before the Trial Court. However Respondent No.1 who was the driver did not appear and was proceeded against as ex-parte. The learned Trial Court after examining the pleadings and evidence before it, awarded an amount of Rs.1,23,281/- along with interest at 6% p.a. 3. Learned counsel for the appellant has filed an application under Order XLI Rule 27 of CPC to adduce evidence of the - 4 - HC-KAR NC: 2026:KHC:3418 MFA No. 1559 of 2020 doctor who has treated him, since the evidence could not be adduced before the learned Trial Court. Learned counsel submits that at the time when the matter was posted for evidence before the learned Trial Court, although summons for examination of the doctor PW-2 were taken out, since the doctor was not available at the hospital at that particular time, the doctor could not be examined. Hence no award on disability and future medical expenses was given. Learned counsel submits that as a result of the accident, the appellant has suffered permanent disability in his body due to the impact of the accident and no compensation has been awarded on the same in view of non-examination of the doctor. 4. Learned counsel for the respondent submits that he would have no objection if the examination of doctor PW-2 takes place. However, the same should conducted be in a time bound manner and the remand should be only for this issue alone. 5. This Court has examined the records placed before it. Undisputedly, the accident has led to injuries of the appellant and also resulted in his disability. The appellant should have been given an additional opportunity to produce the doctor as - 5 - HC-KAR NC: 2026:KHC:3418 MFA No. 1559 of 2020 his evidence. However, as explained, the doctor was not available at that time the commission was taken up. 6. Accordingly in view of the consensus between the parties, this Court deems it apposite to remand the matter to the learned Trial Court for the limited purpose of the appellant leading evidence qua his disability including by producing the doctor who had examined the injured. The respondents will be given an opportunity to rebut the evidence. Given the pendency of the matter, the learned Trial Court is requested to dispose of the matter as soon as is possible. 7. Learned counsel for the respondent also submits that in view of the fact that the compensation will be enhanced, the interest for the time period during which the matter was pending before this Court should not be saddled on the Insurance Company since there was no delay caused by the Insurance Company. 7.1 Learned counsel for the appellant on instructions submits that the contention of the respondent is fair and that the appellant will forego interest for the period during which the - 6 - HC-KAR NC: 2026:KHC:3418 MFA No. 1559 of 2020 appeal was pending before this Court, in the event of an enhancement. 8. The appeal is accordingly disposed of directing limited remand of the matter, as set out in paragraph 6 above. All pending applications stand closed. 9. The rights and contentions of both the parties on the limited remand shall be left open to be adjudicated before the learned Trial Court. (TARA VITASTA GANJU) JUDGE SNB List No.: 1 Sl No.: 1 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA