Anil Raju @ Anil Vs Abdul Khaliq — Motor Accident Claims | Karnataka HC (2025)

Anil Raju @ Anil Vs Abdul Khaliq — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal disposed of by remanding MVC No.330/2010 to the tribunal for fresh disposal on merits within 3 months, with opportunity to both sides to adduce evidence including the driving license; no interest to the claimant at this stage; insurance company not liable for interest from the date of order till 08.09.2025, owner alone liable for that period; parties to be present before the tribunal on 08.10.2025; Registry to send the record immediately.

Issue for consideration

Whether the compensation awarded by the tribunal, which partly allowed the claim petition, should be enhanced. +2 more

Ratio / Principle

This court found it reasonable to remand the matter to the tribunal to give the appellant's counsel an opportunity to produce evidence regarding the driving license.

Key takeaways

The tribunal is at liberty to grant reasonable opportunity to both sides for adducing evidence and for arguments and to dispose of the matter afresh.ratio¶¶35
The matter is to be disposed of afresh on merits, considering the evidence on record, within 3 months from the date of receipt of the order.ratio¶¶38
As the petitioner/appellant filed the driving license only at this stage, he is not entitled to interest at this stage.ratio

Detailed headnote1 paragraphs

Motor Vehicles Act, 1988 — S.173(1) — Enhancement appeal — Tribunal (Addl. District & Sessions Judge & Member, MACT, Chamrajanagara) had held that the driver had no driving license and made the owner alone liable to pay compensation — Claimant produced the driving license at the appellate stage and sought remand; the first respondent's appeal had been dismissed for default — High Court (P Sree Sudha, J.) remanded the matter to the tribunal with liberty to both sides to adduce evidence and argue, directing fresh disposal on merits within 3 months of receipt of the order — Claimant, having filed the driving license only at this stage, not entitled to interest at this stage — Insurance company not liable for interest from the date of order till 08.09.2025; owner alone liable for that period — Parties directed to appear before the tribunal on 08.10.2025 — Appeal disposed of.

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NC: 2025:KHC:35231 MFA No. 7349 of 2016

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7349/2016 (MV-I)

BETWEEN:

ANIL RAJU @ ANIL S/O LINGARAJU, AGED ABOUT 30 YEARS, R/AT UGANE VILLAGE, PALYA POST, KOLLEGALA TQ, CHAMARAJANAGARA DISTRICT-571 441.

…APPELLANT

(BY SRI. SREENIVASAN M Y., ADVOCATE)

AND:

ABDUL KHALIQ, S/O ABDUL AZEEZ, MAJOR, R/AT MUSLIM BLOCK, BANDAHALLY VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571 441.

Digitally signed by PADMASHREE SHEKHAR DESAI

Location: High Court Of Karnatka

THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., NO.305, ATCHMAS MANSION, DR. RAJKUMAR ROAD, SOUTHERN EXTN., KOLLEGALA-571 443.

…RESPONDENTS

(BY SRI. O. MAHESH, ADVOCATE FOR R2. NOTICE TO R1 OS H/S V/O DTD:22.06.2013)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.06.2016 PASSED IN MVC NO.330/10 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE & MEMBER, OF MACT, CHAMRAJANAGARA,

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NC: 2025:KHC:35231 MFA No. 7349 of 2016

HC-KAR

PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT

This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 10.06.2016 passed in MVC No.330/2010 on the file of the Additional District & Sessions Judge & Member of MACT, Chamrajanagara, for enhancing the compensation.

Heard the arguments of the learned counsel for

the appellant and learned counsel for respondent No.2. Notice to respondent No.1 is dispensed with. The ranks of the parties are retained as per tribunal for the sake of convenience.

Before the tribunal, it was held that the driver of

the vehicle has no driving license and thus the owner of

3 - NC: 2025:KHC:35231 MFA No. 7349 of 2016

HC-KAR

the vehicle was only liable to pay the compensation. Presently, learned counsel for the appellant stated that they obtained the driving license and requested the court to remand the matter to the tribunal for producing the same.

Learned counsel of the respondent No.2 objected the same on the ground that respondent No.1 has not preferred any appeal. However, learned counsel for the appellant stated that appeal of respondent No.1 is filed,

but it was dismissed for default. Therefore, this court finds it reasonable to remand the matter to the tribunal to give an opportunity to appellant counsel to produce evidence regarding driving license.

The tribunal is at liberty to grant reasonable opportunity to both sides for adducing evidence and for arguments and to dispose of the matter afresh by duly

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HC-KAR

considering the evidence on record, on merits within 3

months from the date of receipt of the order.

Further, petitioner/appellant filed their driving

license, at this stage he is not entitled for interest.

Registry is directed to send the record immediately.

Both the parties are directed to be present before the tribunal on 08.10.2025.

Insurance company is not liable to pay the

interest from the date of the order till today i.e.

08.09.2025 and owner alone is liable to pay interest for the said period.

Accordingly, this appeal is disposed of.

Sd/(P SREE SUDHA) JUDGE

AKV_List No.: 1 Sl No.: 51