- 1 - HC-KAR NC: 2026:KHC:8355 MFA No. 2668 of 2017 C/W MFA No. 6617 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2668 OF 2017 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 6617 OF 2016 (MV-D) IN MFA No. 2668/2017 BETWEEN: 1. SOORAMMA W/O LATE BORAIAH AGED ABOUT 33 YEARS AGRICULTURIST, 2. B. SANNAPPAPAIAH S/O LATE BORAIAH, 1ST PU STUDENT, 3. B. JAYANNA S/O LATE BORAIAH AGED 12 YEARS 6TH STANDARD STUDENT 4. ASHA S/O LATE BORAIAH AGED 15 YEARS, 5. DADDEMMA W/O SANNABORAIAH AGED 53 YEARS, AGRICULTURIST, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8355 MFA No. 2668 of 2017 C/W MFA No. 6617 of 2016 APPELLANT NOS.2 TO 4 ARE MINORS, REPRESENTED BY THEIR MOTHER PETITIONER NO.1, ALL ARE R/AT: SANNAPAPAIAHNAHATTI VILLAGE, MOLAKALMURU TALUK, CHITRADURGA DISTRICT. …APPELLANTS (BY SRI. SPOORTHY HEGDE NAGARAJA., ADVOCATE) AND: 1. C MUTTUSWAMY S/O S. P. CHINNAPPA GOUDER, AGED 43 YEARS R C OWNER OF LORRY BEARING NO.KA16 B 6953, R/AT ADIVALA FARM, HIRIYUR TALUK, CHITRADURGA DISTRICT. 2. DIVISIONAL MANAGER DIVISIONAL OFFICE, BAJAJ ALLIANCE INSURANCE CO.LTD., 1ST FLOOR, MAGANOOR BASAPPA PETROL BUNK, NEAR KSRTC BUS STAND, B. D. ROAD, CHITRADURGA …RESPONDENTS (BY SRI. P. S. JAGADISH FOR., ADVOCATE FOR R2; SRI. B. PRAMOD. ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.06.2015 PASSED IN MVC NO.17/2014 ON THE FILE OF SENIOR CIVIL JUDGE, ADDITIONAL MACT, CHALLAKERE, AWARDING COMPENSATION OF Rs.7,15,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 6617/2016 BETWEEN: 1. C MUTTUSWAMY S/O S.P.CHINNAPPA GOUNDER, AGED ABOUT 42 YEARS, - 3 - HC-KAR NC: 2026:KHC:8355 MFA No. 2668 of 2017 C/W MFA No. 6617 of 2016 R.C.OWNER OF LORRY BEARING NO.KA-16B-6953, R/O ADIVALA FARM, HIRIYUR TALUK, CHITRADURGA DISTRICT-577501. ...APPELLANT (BY SRI. B PRAMOD.,ADVOCATE) AND: 1. SOORAMMA W/O LATE BORAIAH AGED ABOUT 32 YEARS, AGRICULTURIST, 2. B. SANNAPAPAIAH S/O LATE BORAIAH, AGED ABOUT 18 YEARS, 3. B.JAYANNA S/O LATE BORAIAH, 4. B ASHA D/O LATE BORAIAH, AGED ABOUT 14 YEARS, 5. DADDEMMA W/O SANNA OBAIAH, AGED ABOUT 52 YEARS, AGRICULSTURIST AND HOUSE WIFE, RESPONDENT NOS.3 AND 4 HEREIN ARE MINORS REPRESENTED BY THEIR MTOHER AND NATURAL GUARDIAN-RESPONDNET NO.1. ABOVE RESPONDNETS ARE R/O: SANNAPAPAIAHNAHATTI VILLAGE, MOLAKALMURU TALUK, CHITRADURGA DISTRICT-577 535. 6. DIVISIONAL MANAGER - 4 - HC-KAR NC: 2026:KHC:8355 MFA No. 2668 of 2017 C/W MFA No. 6617 of 2016 DIVISIONAL OFFICE, BAJAJ ALLIANZ INSURANCE CO.LTD., FIRST FLOOR, MAGANOOR BASAPPA PETROL BUNK, NEAR K.S.R.T.C BUS STAND, B.D.ROAD, CHITRADURGA-577501 ...RESPONDENTS (BY SRI. SPOORTHY HIGDE NARARAJA., ADVOCATE FOR R1, R3, R4 AND R5; SRI. JAGADISH. ADVOCATE FOR R6; R2 SERVED, BUT UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.06.2015 PASSED IN MVC NO.17/2014 ON THE FILE OF SENIOR CIVIL JUDGE, ADDITIONAL MACT, CHALLAKERE, AWARDING COMPENSATION OF Rs.7,15,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL COMMON JUDGMENT Heard the arguments of both sides. 2. A common judgment and award was passed by the Senior Civil Judge and MACT, Challakere in MVC.No.17/2014 C/w MVC.No.16/2014. MFA.No.2668/2017 is preferred by claimants for enhancement of the compensation and MFA.No.6617/2016 is preferred by the owner of the insured vehicle against - 5 - HC-KAR NC: 2026:KHC:8355 MFA No. 2668 of 2017 C/W MFA No. 6617 of 2016 the orders passed in MVC No.17/2014 dated 11.06.2015 by the Senior Civil Judge and MACT, Challakere. 3. During the pendency of the appeal, IA.No.1/2016 is filed by the owner of the vehicle to receive the additional documents and it is submitted the said application is already allowed. Now the Insurance Company also filed IA.No.1/2026 for receiving the additional documents, and this Court finds it reasonable to receive the same. Accordingly, IA.No.1/2026 is allowed. 4. As the additional documents are filed before this Court, this Court finds it reasonable to remand both matters with a specific direction to the tribunal to permit both sides to adduce evidence and to advance arguments and to decide the matter on its merits by duly considering the entire evidence on record, within three months from the date of order. 5. Accordingly, I pass the following: - 6 - HC-KAR NC: 2026:KHC:8355 MFA No. 2668 of 2017 C/W MFA No. 6617 of 2016 ORDER i) The appeal is allowed; ii) The matter is remitted back to the tribunal with a specific direction to the tribunal to permit both sides to adduce evidence and to advance arguments and to decide the matter on merits. iii) The tribunal is directed to dispose of the matter within three (03) months by duly giving an opportunity on both sides for adducing evidence and for arguments. iv) The original records shall be transmitted to the jurisdictional tribunal forthwith within ten (10) days. v) Both the parties are directed to appear before the tribunal on 09.03.2026. Sd/- (P SREE SUDHA) JUDGE RCK List No.: 1 Sl No.: 85