Sri. J. Nagesh v. Sri. Nagaraj
Case brief
What is this about?
Karnataka HC (Bengaluru), P Sree Sudha J, decided 08.09.2025; NC: 2025:KHC:35357; MFA No. 6592 of 2015 (MV-I). Appellant J. Nagesh (injured claimant, represented by Chandranath Ariga K.) v. Respondent 1 Nagaraj and Respondent 2 Divisional Manager, National Insurance Company Ltd., Mangalore (M. Arun Ponnappa for R2; notice to R2 dispensed with vide order dated 05.02.2015). Appeal under S.173(1) MV Act against dismissal of MVC No.1685/2008 claim petition by MACT, D.K., Mangalore (award dated 11.02.2013). Additional documents admitted via I.A.No.1/2020 ('B' Register extracts KA-19-W-0855 and KA-19-V-0855, SHO notice to Nagaraj, statement of Nagaraj); matter remanded to Tribunal for fresh disposal on merits within three months; appearance fixed 08.10.2025. Keywords: motor vehicle accident compensation, remand for additional evidence, Section 173(1) MV Act, MACT Mangalore.
What did the court decide?
Appeal allowed; matter remanded to the concerned Tribunal with direction to give opportunity to both parties to adduce evidence and advance arguments; Tribunal to dispose of the matter on merits within three months from the date of receipt of record; Registry directed to send back the Trial Court records immediately; parties directed to appear before the concerned Tribunal on 08.10.2025 without awaiting further notice.