Mr Ramachandraiah T.R Vs the Manager — Motor Accident Claims | Karnataka HC (2025)

Mr Ramachandraiah T.R Vs the Manager — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Mixed result across the connected appeals: MFA No.6685/2019 (New India Assurance Co. Ltd., disputing liability) allowed and the matter remanded to the trial court/Tribunal for further evidence on the additional documents, with the Tribunal to dispose of the matter within 4 months; MFA No.7594/2019 (claimant's enhancement appeal) dismissed with liberty to file appeal at a subsequent point of time; amount already deposited by the Insurance Company to be refunded to it; Registry to send records within 10 days.

Issue for consideration

Whether the additional documents relied on by the Insurance Company (driving licence extract showing the licence stood in the name of Manjunatha, indicating breach of policy terms by driver Paramesha) warranted reception and remand of MVC No.4199/2018 to the Tribunal for further evidence. +1 more

Court's answer

IA No.1/2019 is allowed; the additional documents are received; the matter is remanded to the trial court with a direction to the Insurance Company to adduce evidence for marking the documents and further evidence, if any, by both parties; the Tribunal is directed to dispose of the matter within 4 months duly giving opportunity to both sides for adducing evidence and hearing.

Ratio / Principle

MFA No.6685/2019 filed by the Insurance Company is hereby allowed and the matter is remanded back to the trial court.

Key takeaways

In view of the remand, MFA No.7594/2019 (the claimant's enhancement appeal) is dismissed with liberty to file appeal at a subsequent point of time.ratio¶59
The Registry is directed to send all the necessary records within 10 days from the date of receipt of the copy of the order.ratio¶60
The amount already deposited by the appellant/Insurance Company is to be refunded to them.ratio

Detailed headnote1 paragraphs

Karnataka HC (P Sree Sudha, J., 23.08.2025): In MFA No.6685/2019 filed by New India Assurance Co. Ltd. disputing liability against the award dated 20.03.2019 in MVC No.4199/2018 (XXI ACMM & XXIII Addl. Small Cause Judge, MACT Bengaluru, SCCH-25), which awarded Rs.3,32,200/- with interest at 8% p.a., the Court allowed IA No.1/2019, received the Insurer's additional documents (a driving licence extract showing the licence stood in the name of Manjunatha, the Insurer contending the driver Paramesha had no valid licence, amounting to breach of policy terms) and remanded the matter to the trial court, directing the Insurer to adduce evidence for marking the documents and the Tribunal to dispose of the matter within 4 months after affording both sides opportunity to adduce evidence and hearing. Consequently, the claimant's enhancement appeal MFA No.7594/2019 was dismissed with liberty to file appeal at a subsequent point of time. The amount already deposited by the Insurer was ordered refunded, and the Registry was directed to send the records within 10 days.

NC: 2025:KHC:33081 MFA No. 7594 of 2019 C/W MFA No. 6685 of 2019

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA

MISCELLANEOUS FIRST APPEAL NO. 7594/2019(MV-I)

C/W

MISCELLANEOUS FIRST APPEAL NO. 6685/2019 (MV-I)

IN MFA No. 7594/2019

BETWEEN:

Digitally signed by PADMASHREE SHEKHAR DESAI Location: High court of Karnataka

MR RAMACHANDRAIAH T.R, S/O LATE RANGAPPA, AGED ABOUT 53 YEARS, R/AT NO.62, VIVEKANADANGAR, MACHOHALLI COLONY, PIPELINE ROAD, MAGADI MAIN ROAD, BANGALORE-560 091, PERMANENT ADDRESS: TALAKERE VILLAGE, BADAKANAHALLI POST, PURAVARA HOBLI,MADHUGIRI TALUK, TUMAKUR DISTRICT. …APPELLANT (BY SRI. SHANTARADDI SOMARADDI MULIMANI., ADVOCATE)

AND:

THE MANAGER, NEW INDIA ASSURANCE COMPANY LTD., NO.92, 2^ND FLOOR, MAHALAKSHMI CHAMBERS, MG ROAD, BANGALORE-560 001, (INSURER OF THE VEHICLE REG NO KA-01-AE-9608)

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NC: 2025:KHC:33081 MFA No. 7594 of 2019 C/W MFA No. 6685 of 2019

HC-KAR

M/S SRS TRAVELS,

REP BY K T RAJASHEKAR, NO 321, TSP ROAD, OPP BMC KALASIPALYA, BANGALORE-560 002. (OWNER OF VEHCILE BEARING REG NO KA-01-AE-9608)

…RESPONDENTS

(BY SRI. RAVISHANKAR C.L, ADVOCATE FOR R1, SRI. K.S. ANANDA, ADVOCATE FOR R2)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DTD.20.03.2019 PASSED IN MVC NO.4199/2018 ON THE FILE OF THE XXI ACMM AND XXIII ADDITIONAL SMALL CAUSE JUDGE, MACT, BENGALURU (SCCH-25), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

IN MFA NO. 6685/2019:

BETWEEN:

THE NEW INDIA ASSURANCE CO. LTD., MOTOR THIRD PARTY CLAIMS HUB, MAHALAKSHMI CHAMBERS, NO 92, 2^ND FLOOR, M G ROAD, BANGALORE – 560 001, REPRESENTED BY ITS MANAGER.

...APPELLANT

(BY SRI. RAVISHANKAR C R., ADVOCATE)

AND:

SRI RAMACHANDRAIAH T R AGED ABOUT 53 YEARS, S/O LATE RANGAPPA, PRESENTLY R/AT NO 62, VIVEKANANDA NAGAR,

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MACHAHALLI COLONY PIPELINE ROAD, MAGADI MAIN ROAD, BANGALORE – 560091 PERMANENT ADDRESS:

TALAKERE VILLAGE, BASAKANAHALLI POST, PURAVARA HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT

SRS TRAVELS, K T RAJASHEKAR, NO 321, TSP ROAD, OPP. BMC KALASIPALYA, BANGALORE – 560 002.

...RESPONDENTS

(BY SRI. SHANTA RADDI S MULIMANI, ADVOCATE FOR R1, SRI. K.S. ANANDA, ADVOCATE FOR R2(VK NOT FILED))

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20/03/2019, PASSED IN MVC NO.4199/2018, ON THE FILE OF THE XXI ACMM., & XXIII ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU, (SCCH-25), AWARDING COMPENSATION OF RS.3,32,200/- ALONG WITH INTEREST AT 8% P.A., FROM THE DATE OF PETITION TILL THE DATE OF DEPOSITING THE AMOUNT.

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

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT

MFA No.6685/2019 is filed by the

appellant/Insurance Company, disputing the liability against the award passed by the Tribunal dated 20.03.2019 passed in MVC No.4199/2018 on the file of the XXI ACMM & XXIII A.S.C.J, Bengaluru. Also filed I.ANo.2/2019 for receiving the additional documents.

MFA No.7594/2019 is filed by the

appellant/claimant against the judgment and award dated 03.07.2015 passed in 20.03.2019 passed in MVC No.4199/2018 on the file of the XXI ACMM & XXIII A.S.C.J, Bengaluru, seeking enhancement of compensation

The brief facts of the case is that the Manager of the Insurance company stated the driver of the insured offending vehicle Paramesha was charge sheeted for having no valid driving licence. But they produced

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fake driving license before the police. They obtained extract of the driving license and came to know that the said license was issued in the name of Manjunatha and thus it amounts to breach of terms and conditions of the policy. Therefore, they requested this Court to receive the documents and to remand the matter to the Tribunal.

Considering the reasons stated in the IA No.1./2019. IA No.1/2019 is allowed. Additional documents are received. The matter is remanded to the trial court with a direction to the Insurance company to adduce evidence for marking of the documents and also further evidence, if any, by both the parties. The tribunal is directed to dispose of the matter by duly giving opportunity to both sides for adducing evidence and for hearing within 4 months from the date of the order, from the date of receipt of the records.

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HC-KAR

Accordingly, MFA No.6685/2019 filed by the

Insurance is hereby allowed and remanded back to the trial court.

In view of remand of the matter, MFA

No.7594/2019 is hereby dismissed with liberty to file appeal at subsequent point of time.

Registry is directed to send all the necessary records within 10 days from the date of receipt of the copy of this order.

The amount already deposited by the

appellant/insurance company is to be refunded to them.

SD/(P SREE SUDHA) JUDGE

AKV List No.: 1 Sl No.: 38