Bhuvaneswari N. Y. v. Dhananjaya N. K.
Case brief
What is this about?
Bhuvaneswari N.Y. v. Dhananjaya N.K. and Universal Sampo General Ins Co. Ltd., MFA No. 5605 of 2017 (MV-I), High Court of Karnataka at Bengaluru, decided 16.09.2025 by P Sree Sudha J. Appeal under S.173(1) MV Act against dismissal of a personal-injury claim (MVC No.1258/2013, judgment dated 10.03.2017) where adverse inference under S.114(g) Evidence Act was drawn for non-examination of the claimant's mother, an eyewitness. Remand ordered to enable examination of the eyewitness and fresh consideration on merits within three months; insurer not liable to pay compensation for 10.03.2017-16.09.2025; Rs.12,80,000/- with 18% interest referenced in earlier proceedings.
What did the court decide?
Appeal disposed by remanding the matter to the Tribunal so that the claimant may examine her mother, an eyewitness; Tribunal directed to afford both parties reasonable opportunity to adduce evidence and advance arguments and to decide on merits within three months; Insurance Company held not liable to pay compensation for the period 10.03.2017 to 16.09.2025; records to be returned within ten days and parties to appear on 10.10.2025.