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2026 DAILYLAW 5117 (KAR)

SRI NAGAPPA M T v. SRI MALLESHANAYAKA

MFA/2425/2026 · 2026-04-23

P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:22398 MFA No. 2425 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.2425 OF 2026 (MV-I) BETWEEN: SRI. NAGAPPA M.T. S/O LATE THAMMAIAHNAYAKA, AGED ABOUT 48 YEARS, OCC: AGRICULTURE, R/AT MUTTINAMULASOGE VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571 107. …APPELLANT (BY SRI. TEJAS N, ADVOCATE) AND: 1. SRI. MALLESHANAYAKA S/O. LATE. GUNDAIAH, AGED ABOUT 44 YEARS, OCC: AGRICULTURE, 2. SRI. RAJANAYAKA, S/O. LATE. GUNDAIAH, AGED ABOUT 44 YEARS, OCC: AGRICULTURE, R/AT HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571 107. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22398 MFA No. 2425 of 2026 3. THE MANAGER, BHARATHI AXA GENERAL INS. CO. LTD., NO.2742/1A, TEMPLE ROAD, VANI VILAS MOHALLA, MYSURU - 570 002. …RESPONDENTS (BY SRI. ASHOK N. PATIL, ADVOCATE FOR R3; VIDE ORDER DATED 23.04.2026, NOTICE TO R1 AND R2 DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED.16/01/2025 PASSED IN MVC NO. 15/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT. PERIYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed by the appellant under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 16.01.2025 passed in MVC No.15/2022 by the Senior Civil Judge and Motor Accident - 3 - HC-KAR NC: 2026:KHC:22398 MFA No. 2425 of 2026 Claims Tribunal, Periyapatna (for short, 'the Tribunal') seeking enhancement of compensation. 3. The injured claimant met with an accident on 13.01.2021 and filed a claim petition claiming compensation of Rs.25,10,000/-. The Tribunal, after considering the entire evidence on record granted an amount of Rs.2,54,733/- with interest at 6% per annum from the date of petition till realisation. 4. Aggrieved by the said order, the claimant/appellant has preferred the present appeal. However, at the time of hearing, the learned counsel for the appellant submitted that the matter may be remanded on the ground that the claimant has not examined the doctor and intends to examine the doctor before the Tribunal. 5. The learned counsel for the respondent has reported no objection to the said submission. In view of the same, this Court finds it appropriate to remand the matter, subject to the condition that the claimant shall not - 4 - HC-KAR NC: 2026:KHC:22398 MFA No. 2425 of 2026 be entitled to interest for the period from 24.03.2025 till the date of this order i.e., 23.04.2026. 6. The Tribunal is directed to give reasonable opportunity to both parties to adduce additional evidence and to advance arguments and thereafter dispose of the matter on merits, in accordance with law, by duly considering the entire evidence on record, within a period of two months from the date of receipt of this order. 7. Accordingly, the appeal stands disposed of. 8. Registry is directed to transmit the records to the Tribunal within ten days. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 24