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2026 DAILYLAW 9517 (KAR)

SRI SURESHA v. SRI NAGARAJU P

MFA/1784/2015 · 2026-02-11

P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9105 MFA No. 1784 of 2015 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. 1784 OF 2015 (MV-I) BETWEEN: 1. SRI SURESHA S/O SRI.SUBRAMANI, AGED ABOUT 29 YEARS, R/O CHAMANAHALLI VILLAGE, TAMIL COLONY, MADDUR TALUK, MANDYA DISTRICT-571 401 …APPELLANT (BY SRI. MARI GOWDA.,ADVOCATE) AND: 1. SRI NAGARAJU P S/O PUTTASWAMYGOWDA, AGED ABOUT 46 YEARS, ANNAPOORNESHWARI NILAYA, SHIVAPURA, R.S.MADDUR, MANDYA DISTRICT-571 401. 2. THE MANAGER IFFCO TOKIO GENERAL INSURANCE CO. LTD., NO.35, ABOVE REEBOK SHOW ROOM, NEAR AKSHAYA BHANDARA, KUVEMPUNAGARA, MYSORE-570 023. …RESPONDENTS (BY SRI. B PRADEEP FOR R2.,ADVOCATE) (V/O DATED 21.10.2016, NOTICE TO R1 IS D/W) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9105 MFA No. 1784 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED22.11.2014 PASSED IN MVC NO.905/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, & MACT, MADDUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, 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-claimant against the judgment and the award of the tribunal passed in MVC.No.905/2013 dated 22.11.2014 by the Senior Civil Judge and MACT, Maddur. 3. During the pendency of the appeal, the matter is referred to Medical Board. The doctor in his evidence assessed the disability of the claimant as 100%, but stated that the said blindness is not related to the road traffic accident and it is a genetic disorder. As such, the learned counsel of the appellant intended to examine the doctor and requested for remand of the matter. - 3 - HC-KAR NC: 2026:KHC:9105 MFA No. 1784 of 2015 4. Accordingly, I pass the following: 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 within three (03) months by duly giving an opportunity on both sides. iii) The original records shall be transmitted to the jurisdictional tribunal forthwith within ten (10) days. iv) 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.: 74