The Reginoal Manager Vs Kallappa @ Kalmesh S/O… — Motor Accident Claims | Karnataka HC (2025)

The Reginoal Manager Vs Kallappa @ Kalmesh S/O… — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Both Miscellaneous First Appeals disposed of with a remand to the Tribunal: the case is to be re-opened and the insurance company permitted to tender the additional permit document (which must be put to the owner of the vehicle); fresh notice to be issued to the vehicle owner; the Tribunal to decide the matter expeditiously and in any event within six months of receiving a certified copy of the order; the insurance company and the claimant to appear before the Tribunal on 14.07.2025 without awaiting further notice.

Issue for consideration

Whether the additional document sought to be produced by the insurance company in I.A.No.1/2022 (a permit issued by the Deputy Commissioner for Transport, Belagavi, allegedly obtained after the accident) can be admitted in evidence at the appellate stage. +1 more

Court's answer

Unless the additional document is put to the owner of the vehicle, it cannot be admitted in evidence at this stage.

Ratio / Principle

Both appeals are disposed of by remanding the matter back to the Tribunal.

Key takeaways

On remand, the Tribunal is to re-open the case, permit the insurance company to tender the additional document, and once again issue notice to the owner of the vehicle having regard to the stand now taken by the insurance company.ratio¶52
The matter shall be heard and disposed of as expeditiously as possible and at any rate within six months from the date of receipt of a certified copy of the order.ratio¶53

Detailed headnote1 paragraphs

Motor Vehicles Act, 1988, S.173(1) — Cross appeals by insurer and claimant against common judgment and award dated 18.01.2018 of MACT-XIV, Mudhol in MVC No.218/2016 (accident of 07.12.2015) — Insurer (MFA No.101564/2018) sought reduction of compensation and exoneration; claimant (MFA No.102457/2018) sought enhancement — Insurer's I.A.No.1/2022 to produce an additional document, a permit issued by the Deputy Commissioner for Transport, Belagavi, valid 04.03.2016 to 03.03.2021, i.e., taken after the accident — Held: unless the document is put to the owner of the vehicle, it cannot be admitted in evidence at this stage; both appeals disposed of by remanding the matter to the Tribunal to re-open the case, permit tender of the additional document and issue fresh notice to the vehicle owner; disposal directed within six months; parties to appear before the Tribunal on 14.07.2025. (Oral judgment per R. Devdas J.; K V Aravind J. on the Bench.)

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NC: 2025:KHC-D:8062-DB MFA No. 101564 of 2018 C/W MFA No. 102457 of 2018

HC-KAR

IN THE HIGH COURT OF KARNATAKA,

DHARWAD BENCH

DATED THIS THE 26^TH DAY OF JUNE, 2025

PRESENT

THE HON'BLE MR. JUSTICE R.DEVDAS

AND

THE HON'BLE MR. JUSTICE K V ARAVIND

MISCELLANEOUS FIRST APPEAL NO.101564 OF 2018 (MV-I)

C/W

MISCELLANEOUS FIRST APPEAL NO.102457 OF 2018 (MV-I)

IN MISCELLANEOUS FIRST APPEAL NO.101564 OF 2018:

BETWEEN:

THE REGIONAL MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD., CENTENARY BUILDING, M.G. ROAD, BANGALORE-560001. POLICY NO.1704252335000570 VALID FROM 01-07-2015 TO 30-06-2016 REPRESENTED BY THE AUTHORIZED SIGNATORY

…APPELLANT

(BY SRI. G.N. RAICHUR, ADVOCATE)

AND:

SAROJA

HANGARAKI

Digitally signed by SAROJA HANGARAKI Location: High Court ofKarnataka, DharwadBench Date: 2025.06.27 10:44:54 +0530

KALLAPPA @ KALMESH S/O BASAPPA HAVADI AGE: 34 YEARS, OCC: AGRICULTURE & LAND OWNER NOW OCCUPATION NIL R/O MALALI, TQ. MUDHOL, DIST: BAGALKOT-540001.

M/S ASHOKA BUILDCON LTD., B-4 GANAPATI VILLA, GANAPATH RICE MILL, SAMBALPUR ROAD, NH-6 BARAGARH, BAZAR BARGARH, BARGARH-768028, ODISHA STATE.

…RESPONDENTS

(BY SRI. SANTOSH B. RAWOOT, ADVOCATE FOR R1; NOTICE TO R2 IS HELD SUFFICIENT)

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NC: 2025:KHC-D:8062-DB MFA No. 101564 of 2018 C/W MFA No. 102457 of 2018

HC-KAR

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT., PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 18.01.2018 PASSED BY THE COURT OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL XIV MUDHOL MVC NO.218/2016 BY REDUCING THE COMPENSATION AND EXONERATING THE APPELLANT INSURANCE COMPANY FROM THE LIABILITY BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY.

IN MISCELLANEOUS FIRST APPEAL NO.102457 OF 2018: BETWEEN:

SHRI. KALLAPPA @ KALMESH S/O BASAPPA HAVADI AGE: 34 YEARS, OCC: AGRICULTURE LAND OWNER NOW OCCUPATION NIL, R/O: MALALI, TQ: MUDHOL, DIST: BAGALKOT-587313.

…APPELLANT

(BY SRI. SANTOSH B. RAWOOT, ADVOCATE)

AND:

M/S ASHOKA BUILD CO. LTD., B-4, GANAPATI VILLA, GANAPATH RAIC MILL, SAMBALPUR ROAD, NH-6, BARAGARH, BAZAR BARGARH, BARGARH-768028, ODISHA STATE.

THE REGIONAL MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD., CENTENARY BUILDING, M.G. ROAD, BENGALURU-560001.

…RESPONDENTS

(BY SRI. G.N. RAICHUR, ADVOCATE FOR R2)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 18.01.2018 PASSED IN MVC NO.218/2016 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XIV, MUDHOL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC.

THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND

3 - NC: 2025:KHC-D:8062-DB MFA No. 101564 of 2018 C/W MFA No. 102457 of 2018

HC-KAR

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)

Although we heard the learned counsels for the appellant-Insurance Company and the appellant-claimant in the two appeals, nevertheless, we find that the insurance company has filed an application in I.A.No.1/2022 seeking to bring on record the additional documents, namely a permit issued by the Deputy Commissioner for Transport, Belagavi. It is sought to be contended at the hands of the learned counsel for the insurance company that permit was taken by the owner of the vehicle after the accident and the permit is valid from 04.03.2016 to 03.03.2021, while the accident occurred on 07.12.2015.

However, we are of the considered opinion that unless the document is put to the owner of the vehicle, it cannot be admitted in evidence, at this stage.

Consequently, we dispose of both the appeals while remanding the matter back to the Tribunal to

4 - NC: 2025:KHC-D:8062-DB MFA No. 101564 of 2018 C/W MFA No. 102457 of 2018

HC-KAR

re-open the case and permit the insurance company to tender the additional document. We also direct the Tribunal to once again issue notice to the owner of the vehicle, having regard to the stand that is now taken by the insurance company.

The matter shall be heard and disposed of, as expeditiously as possible and at any rate within a period of six months from the date of receipt of a certified copy of this order.

In order to ensure early disposal of the case, we direct the insurance company and the claimant to appear before the Tribunal on 14.07.2025 without waiting further notice.

Sd/(R.DEVDAS) JUDGE

Sd/(K V ARAVIND) JUDGE

MBS Ct:vp LIST NO.: 1 SL NO.: 26