- 1 - HC-KAR NC: 2026:KHC-D:381 MFA No. 105813 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.105813 OF 2024 (MV-I) BETWEEN: SANTOSH S/O. HIRU JADHAV, AGE. 32 YEARS, OCC. BUSINESS (NOW NIL) R/O. HUNNUR-587119, TQ. JAMKHANDI, DIST. BAGALKOT. &PETITIONER (BY SRI. BASAVARAJ MATHAPATI, ADVOCATE) AND: 1. KADAPA S/O. SHRISHAIL YALLATTI, AGE. 32 YEARS, OCC. BUSINESS, R/O. MADARKHANDI-587119, TQ. JAMKHANDI, DIST. BAGALKOT. 2. GURAPPA S/O. SHRISHAIL YALLATTI, AGE. 30 YEARS, OCC. BUSINESS, R/O. MADARKHANDI-587119, TQ. JAMKHANDI, DIST. BAGALKOT. &RESPONDENTS (NOTICE TO R2 IS SERVED AND UNREPRESENTED; NOTICE TO R1 IS DISPENSED WITH (V/O/DATED 12.12.2024)) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO, MODIFY THE JUDGMENT AND AWARD DATED 31.08.2024 PASSED IN MVC NO.152/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AND V MACT, JAMKHANDI, SEEKING COMPENSATION FOR THE INJURY SUSTAINED BY THE SANTOSH S/O. HIRU JADHAV, WHEREIN THE CLAIM WRIT PETITION FILED BY THE APPELLANT IS PARTLY ALLOWED, BY AWARDING COMPENSATION OF RS.25,000/- WITH INTEREST @ 6% P.A. BE KINDLY MODIFIED BY ENHANCING TO RS.15,00,000/- WITH INTEREST @ 12 % P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT OF AWARD AMOUNT, BY ALLOWING THIS APPEAL WITH COSTS THROUGHOUT THE PROCEEDINGS, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:381 MFA No. 105813 of 2024 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the judgment and award dated 31.08.2024 in MVC No.152/2022 passed by the Principal Senior Civil Judge and JMFC and V-Additional M.A.C.T., Jamakhandi (for short <the Tribunal=), the appellant-claimant has filed this appeal. 2. Though notice is served on the respondents, none appeared. 3. The Tribunal had granted the global compensation of an amount of ¹25,000/-. An application under order XLI Rule 27 of CPC is filed by the learned counsel for the appellant before this Court, whereby he has placed before this Court certain documents to show that the claimant had spent money towards treatment. This Court cannot consider all these documents without letting in evidence. In that view of the matter, this Court deems it fit to remand the matter to the Tribunal for fresh consideration and hence, the following: - 3 - HC-KAR NC: 2026:KHC-D:381 MFA No. 105813 of 2024 ORDER (i) The appeal is allowed. (ii) The judgment and award dated 31.08.2024 in MVC No.152/2022 passed by the Principal Senior Civil Judge and JMFC and V-Additional M.A.C.T., Jamakhandi is set aside and matter is remanded to the Tribunal for fresh consideration. (iii) All the contentions are left open and the claimant is at liberty to mark the documents subject the law of evidence and the Tribunal shall dispose of the matter as expeditiously as possible. (iv) The Registry is directed to return the Trial Court Records to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay. (v) All I.As., in this appeal stand closed. SD/- JUSTICE LALITHA KANNEGANTI YAN CT: UMD List No.: 1 Sl No.: 86