Shri. Kallappa @ Kalmesh S/O Basappa Havadi Vs M/S… — Motor Accident Claims | Karnataka HC (2025)

Shri. Kallappa @ Kalmesh S/O Basappa Havadi Vs M/S… — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Both appeals disposed of by remanding the matter to the Tribunal: case to be re-opened and the insurer permitted to tender the additional permit document (which must be put to the owner of the vehicle); Tribunal to issue fresh notice to the vehicle owner; hearing and disposal within six months of receipt of certified copy; insurer and claimant to appear before the Tribunal on 14.07.2025.

Issue for consideration

Whether the additional document (permit said to have been obtained by the vehicle owner after the accident of 07.12.2015) sought to be brought on record by the insurance company in I.A.No.1/2022 can be admitted in evidence at this appellate stage. +1 more

Court's answer

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

Ratio / Principle

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

Key takeaways

On remand, the Tribunal is to re-open the case and permit the insurance company to tender the additional document, and is directed to once again issue notice to the owner of the vehicle.ratio¶52
The remanded 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 this order.ratio¶53
The insurance company and the claimant are directed to appear before the Tribunal on 14.07.2025 without waiting for further notice, to ensure early disposal.

Detailed headnote1 paragraphs

Motor Vehicles — Appeals under S.173(1) MV Act against award dated 18.01.2018 in MVC No.218/2016 of MACT-XIV, Mudhol — connected appeals by insurer (seeking reduction of compensation and exoneration) and by claimant (seeking enhancement) — insurer's I.A.No.1/2022 to produce a permit issued by the Deputy Commissioner for Transport, Belagavi, allegedly obtained by the vehicle owner after the accident of 07.12.2015 (permit valid 04.03.2016 to 03.03.2021) — Held, the additional document cannot be admitted in evidence at this stage unless it is put to the owner of the vehicle — Both appeals disposed of by remanding the matter to the Tribunal to re-open the case, receive the additional document and issue fresh notice to the vehicle owner — Disposal directed within six months of receipt of certified copy; insurer and claimant to appear before the Tribunal on 14.07.2025 (Oral judgment per R. Devdas J.; coram R. Devdas and K V Aravind, JJ.).

1 -

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)

2 -

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