Sri N G Chandrashekar Vs Arun Kumar @ Arun — Motor Accident Claims | Karnataka HC (2025)

Sri N G Chandrashekar Vs Arun Kumar @ Arun — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed; matter remanded to the Tribunal for fresh consideration with opportunity to adduce evidence and advance arguments, to be disposed within three months from receipt of records; parties to appear before the Tribunal on 13.10.2025; owner to pay interest on the compensation from the date of award till 17.09.2025; claimants' cross objection (MFA.CROB No.86/2025) dismissed.

Issue for consideration

Whether IA No.2/2018 should be allowed permitting production of additional documents (driving licence extract of driver Kantharaj and registration certificate of lorry KA-06-C-3437), given that their non-production at trial resulted in liability being saddled on the owner. +2 more

Court's answer

IA No.2/2018 is allowed, with the condition that the owner pays the interest on the compensation amount from the date of award till 17.09.2025.

Ratio / Principle

The appeal is allowed and the matter is remanded to the Tribunal, which shall give the parties reasonable opportunity to adduce evidence and advance arguments, and dispose of the matter within three months from receipt of records.

Key takeaways

As the owner did not produce the driving licence and related documents during the trial, he is liable to pay interest on the compensation from the date of award till 17.09.2025.ratio¶¶61
The claimants' cross objection in MFA.CROB No.86/2025 is dismissed in view of the remand of the main matter to the Tribunal.ratio¶¶65

Detailed headnote1 paragraphs

Karnataka HC (Bengaluru), P Sree Sudha J., 17.09.2025 (NC: 2025:KHC:37263) — MFA No.6592/2018 (S.173(1) MV Act) c/w MFA.CROB No.86/2025: Against the Tribunal's award dated 11.03.2013 in MVC No.6956/2011 (2nd Addl. Small Causes Judge & XXVIII ACMM, Bengaluru) awarding Rs.7,68,000/- with 6% p.a. interest, the owner-appellant sought leave (IA No.2/2018) to produce the driving licence extract of driver Kantharaj and the RC of lorry KA-06-C-3437, which had not been produced at trial, resulting in liability being saddled on him. The Court allowed the application on condition that the owner pays interest on the compensation from the date of award till 17.09.2025, allowed the appeal and remanded the matter to the Tribunal for fresh consideration with opportunity to adduce evidence and advance arguments, directing disposal within three months and appearance of parties on 13.10.2025. The claimants' cross objection seeking enhancement was dismissed in view of the remand.

1 - NC: 2025:KHC:37263 MFA No. 6592 of 2018 C/W MFA.CROB No. 86 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF SEPTEMBER, 2025 BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA

MISCELLANEOUS FIRST APPEAL NO. 6592 OF 2018 (MV-D)

C/W

MFA CROSS OBJECTION NO. 86 OF 2025 (MV-D)

IN MFA No. 6592/2018

BETWEEN:

Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka

SRI N G CHANDRASHEKAR S/O N T GURUSIDDAPPA AGED ABOUT 48 YEARS, RESIDING AT 9^TH MAIN, 2^ND CROSS, ASHOKANAGARA, TUMKUR, TUMKUR DISTRICT-572101 PRESENTLY RESIDING AT NO.37/A, 12^TH MAIN , 6^TH CROSS, 1^ST STAGE, 1^ST PHASE, GOKUL, MATHIKERE, BENGALURU - 560054. …APPELLANT (BY SRI. K.N. SUNIL, ADV. FOR SRI. RAMESH K. R., ADV.)

…APPELLANT

AND:

ARUN KUMAR @ ARUN S/O VENKATARAMANA D AGED ABOUT 32 YEARS,

ANITA D D/O VENKATARAMANA D AGED ABOUT 31 YEARS,

BOTH RESIDING AT: NO.23, SANGOLLI RAYANNA STREET, R M V 2^ND STAGE, BENGALURU-560094

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NC: 2025:KHC:37263 MFA No. 6592 of 2018 C/W MFA.CROB No. 86 of 2025

HC-KAR

THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFICE NO.44/45, RESIDENCY CROSS ROAD, LEO SHOPPING COMPLEX, BENGALURU 560035 REP. BY ITS REGIONAL MANAGER.

…RESPONDENTS

(BY SRI. SHRIPAD V. SHASTRI, ADV. FOR R1 AND R2, SRI. S.V. HEGDE MULKHAND, ADV. FOR R3.)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 11.03.2013 PASSED IN MVC NO.6956/2011 ON THE FILE OF THE 2^ND ADDITIONAL SMALL CAUSES JUDGE & XXVIII ACMM, BENGALURU (SCCH-13), AWARDING COMPENSATION OF RS.7,68,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.

IN MFA.CROB NO. 86/2025

BETWEEN:

ARUN KUMAR @ ARUN S/O VENKATARAMANA D., AGED ABOUT 39 YEARS,

ANITHA

D/O VENKATARAMANA D AGED ABOUT 38 YEARS,

ALL THE ABOVE PETITIONERS ARE R/AT NO.23, SANGOLLI RAYYANNA STREET, RMV II STAGE, BANGALORE-560094

...CROSS OBJECTORS

(BY SRI. SHRIPAD V. SHASTRI, ADVOCATE)

AND:

N. G. CHANDRASHEKAR S/O GURUSIDDAPPA N.T.,

3 - NC: 2025:KHC:37263 MFA No. 6592 of 2018 C/W MFA.CROB No. 86 of 2025

HC-KAR

AGED ABOUT 55 YEARS, R/AT 9^TH MAIN, 2^ND CROSS, ASHOK NAGAR, TUMKUR, TUMKUR DISTRICT-572101 PRESENTLY R/AT NO.37/A 12^TH MAIN, 6^TH CROSS, 1^ST STAGE, 1^ST PHASE, GOKUL, MATTIKERE, BANGALORE-560054.

THE ORIENTAL INSURANCE COMPANY LTD., REGIONAL OFFICE, NO.44/45 RESIDENCY CROSS ROAD, LEO SHOPPING COMPLEX, BANGALORE-35 POLICY ISSUED BY ITS BRANCH OFFICE AT TGMA BUILDING, J.C.ROAD, TUMKUR-572101, BY ITS REGIONAL MANAGER.

...RESPONDENTS

THIS MFA CROB. IS FILED U/o 41 RULE 22 R/W U/S173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.11.03.2013 PASSED IN MVC NO.6956/20211 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE AND XXVIII ACMM, BENGALURU SCCH-13, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MFA AND MFA CROB, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT

Both counsels present.

Heard the counsels on either side.

4 - NC: 2025:KHC:37263 MFA No. 6592 of 2018 C/W MFA.CROB No. 86 of 2025

HC-KAR

IA No.2/2018 is filed for production of additional

documents which are as follows:

"1. Certified copy of the extract of driving licence of Kantharaj, S/o. Rangappa who was the driver of the offending vehicle at the time of accident.

Copy of the registration certificate of the lorry bearing Regn.No.KA-06-C-3437."

In the said application, it is stated that the appellant was not aware of the award passed in MVC No.6956/2011 dated 11.03.2013, though he contacted his counsel and he has not intimated to him. It is further stated that the appellant handed over the copies of driving licence and insurance policy to his counsel, when he contacted him the same are not produced before the Tribunal. As such, liability was saddled on him.

This application is filed requesting this Court to accept the said documents for the reasons assigned in the affidavit, as such this Court finds it appropriate to accept the additional documents produced by the appellants and accordingly, IA No.2/2018 is allowed with a condition that the owner has to pay the interest on the compensation amount

5 - NC: 2025:KHC:37263 MFA No. 6592 of 2018 C/W MFA.CROB No. 86 of 2025

HC-KAR

from the date of award till today i.e. 17.09.2025 and the matter shall be remanded to the Tribunal for considering the matter afresh.

6. In the result, the following order is passed:

ORDER

i. The appeal is allowed and the matter is remanded to the Tribunal with a direction to provide reasonable opportunity to the parties to adduce their evidence and to advance their arguments. Further, the Tribunal is directed to dispose of the matter within an outer limit period of three months from the date of receipt of records.

ii. Registry is directed to send the records to the Tribunal along with a certified copy of this order.

iii. Both the parties are directed to appear before the Tribunal on 13.10.2025 .

iv. The owner of the vehicle has not produced the above said documents during the trial, as such he is liable to pay the interest from the date of award till today. With the said condition, the application is allowed .

NC: 2025:KHC:37263 MFA No. 6592 of 2018 C/W MFA.CROB No. 86 of 2025

6 -

HC-KAR

v. The claimants filed cross objection in MFA Crob.No.86/2025. In view of remanding the matter to the Tribunal, this cross objections is dismissed .

Sd/(P SREE SUDHA) JUDGE

SSD

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