Rangegowda Vs Shankarnagu — Motor Accident Claims | Karnataka HC (2025)

Rangegowda Vs Shankarnagu — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed; matter remanded to the Tribunal (III Additional District Judge and M.A.C.T., Hassan) to dispose afresh within four months from receipt of original records, giving opportunity to both sides; I.A. No.1/2023 for additional documents allowed; interest denied from the date of petition until filing of I.A. No.1/2023 (03.02.2023); Registry to send records within ten days and parties directed to appear before the Tribunal on 10.09.2025.

Issue for consideration

Whether I.A. No.1/2023 of the appellant for production of additional documents should be permitted notwithstanding its dismissal in the trial Court for delay in filing the FIR. +2 more

Court's answer

Finding the delay in filing the FIR to be only 14 days, the Court held it just and reasonable to receive the additional documents sought under I.A. No.1/2023 and remand the matter to the Tribunal to adduce evidence, hear arguments and dispose of the matter afresh.

Ratio / Principle

The appeal is allowed and the matter is remanded to the Tribunal with a direction to dispose of it within four months from receipt of original records, duly giving opportunity to both sides.

Key takeaways

Because the appellant failed to produce the documents before the Tribunal, he is not entitled to interest from the date of petition till the date of filing of I.A. No.1/2023 (filed on 03.02.2023).ratio¶35-36

Detailed headnote1 paragraphs

Motor Vehicles - Appeal under S. 173(1) MV Act (MFA No. 4543 of 2019 (MV-I)) - High Court of Karnataka (P Sree Sudha, J.), decided 18.08.2025 - Against judgment and award dated 20.02.2019 in MVC No.861/2017 (III Additional District Judge and M.A.C.T., Hassan) dismissing the claim petition for compensation. I.A. No.1/2023 sought production of additional documents: order sheet and docket order of CC No.46/2017 (Civil Judge and JMFC, Holenarasipura) showing the accused convicted and sentenced to pay a fine of Rs.800/- with three months' simple imprisonment, along with the police intimation report; the application had been dismissed in the trial Court for delay in filing the FIR, the delay being only 14 days. Held: it is just and reasonable to receive the documents and remand the matter; appeal allowed and matter remanded to the Tribunal to dispose of it afresh within four months from receipt of original records, giving opportunity to both sides; Registry to send records within ten days; parties to appear before the Tribunal on 10.09.2025. As the appellant failed to produce the documents before the Tribunal, he is not entitled to interest from the date of petition till the date of filing of I.A. No.1/2023 (03.02.2023). No precedent cited; no compensation amount assessed at this stage.

NC: 2025:KHC:31877 MFA No. 4543 of 2019

1 -

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4543 OF 2019 (MV-I)

BETWEEN:

RANGEGOWDA

S/O LATE GUNDEGOWDA AGED ABOUT 52 YEARS, R/AT KASABA HOBLI, HOLENARASIPUR TALUK HASSAN DISTRICT NOW RESIDING AT C/O KUMARASWAMY SRI NANJUNDESHWARA NILAYA CHIKKAHONNENAHALLY KASABA HOBLI, HASSAN TALUK

Digitally signed by MADHURI S Location: High court of Karnataka

(BY SRI. JAGADEESH H T, ADVOCATE)

AND:

…APPELLANT

SHANKARNAGU S/O CHANDRAIAH MAJOR, KRISHNAPURA VILLAGE, KASABA HOBLI, HOLENARASIPUR TALUK HASSAN DISTRICT

2 - NC: 2025:KHC:31877 MFA No. 4543 of 2019

HC-KAR

THE DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD SRI MANJUNATHA COMPLEX, 1ST FLOOR, OLD BUS STAND ROAD, HASSAN - 573201

…RESPONDENTS

(BY SRI. A M VENKATESH, ADVOCATE FOR R2; R1 SERVED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.02.2019 PASSED IN MVC NO.861/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE AND M.A.C.T., HASSAN, DISMISSING THE CLAIM PETITION FOR COMPENSATION.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT

Both the counsel are present.

I.A. No.1/2023 is filed for producing additional

documents and objections are filed by counsel for respondent No.2.

3 - NC: 2025:KHC:31877 MFA No. 4543 of 2019

HC-KAR

Learned counsel for the appellant stated that this application was dismissed in the trial Court as there was delay in filing the FIR and now he is intended to file the order sheet of CC No.46/2017 passed by the Civil Judge and JMFC, Holenarasipura, and also the docket order to show that the accused was convicted and sentenced to pay a fine of Rs.800/- with simple imprisonment of three months, so also the police intimation report. It is further stated that the delay is only 14 days. Therefore, this Court finds that it is just and reasonable to receive the documents and remand the matter to the Tribunal to give reasonable opportunity to adduce evidence and to hear arguments of both sides and to dispose of the matter afresh.

Accordingly, the appeal is allowed and the matter is remanded to the Tribunal with a direction to dispose of the matter within four months from the date of receipt of original records, by duly giving opportunity to both sides.

4 - NC: 2025:KHC:31877 MFA No. 4543 of 2019

HC-KAR

I.A.No.1/2023 for production of additional

documents was filed on 03.02.2023. As the appellant failed to produce the documents before the Tribunal, the appellant is not entitled for interest from the date of

petition till the date of filing of I.A. No.1/2023.

Registry is directed to send the records within ten

days and the parties are directed to appear before the

Tribunal on 10.09.2025.

SD/(P SREE SUDHA) JUDGE

YKL List No.: 1 Sl No.: 82