Sri N S Jagadish Vs United India Insurance Co.Ltd.

THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO CALL FOR RECORDS IN MVC NO.754/2016, ON THE FILE OF III ADDL. JUDGE AND MACT, COURT OF SMALL CAUSES (SCCH18) BANGALORE. SET ASIDE THE JUDGMENT AND AWARD DATED 03.02.2018 AND ALLOW THE CLAIM PETITION BY GRANTING THE COMPENSATION TO THE EXTENT CLAIMED & ETC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is preferred against the award dated 03.12.2018 passed in MVC No.754/2016 by the III Additional Judge and Member, Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru, (for short, 'Tribunal'). The injured-claimant filed claim petition claiming compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record, dismissed the claim petition. Aggrieved by the said order, this appeal is preferred.

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Learned counsel for the appellant has contended that the appellant/claimant has explained the delay in lodging the complaint and the MLC register

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3 - NC: 2025:KHC:38058 MFA No. 9800 of 2018

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HC-KAR

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extract is issued by M.S.Ramaiah Hospital and it bears the signature of the doctor and he rectified the mistake crept in the record in his handwriting. So also, it is stated that the Tribunal considering the investigation report, held that the appellant was not a pillion rider, now he intended to produce the relevant evidence to establish the MLC register and also intended to examine the investigating officer to support the case.

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Learned counsel for the respondent submits no

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objection.

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Heard both sides.

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In view of the submissions made, this Court finds it reasonable to remand the matter to the Tribunal with a direction to give reasonable opportunity to both sides for adducing evidence and for arguments and to dispose of the matter on merits by duly considering the entire evidence on record. Accordingly, the following:

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4 -

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NC: 2025:KHC:38058 MFA No. 9800 of 2018

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HC-KAR

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ORDER

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i. Appeal is allowed .

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ii. MVC No.754/2016 is remanded to the III Additional Judge and Member, Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru, with a direction to the Tribunal to give reasonable opportunity to both sides for adducing evidence and for arguments and to dispose of the matter on merits by considering the entire evidence within four months from the date of this order.

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iii. If the appellant succeeds in the case, he is not entitled for interest from the date of disposal of claim petition i.e., from 03.02.2018 till 22.09.2025.

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iv. Registry is directed to send the records to the Tribunal within ten days.

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v. Both parties are directed to appear before the Tribunal on 15.10.2025.

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Sd/(P SREE SUDHA) JUDGE

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BSR

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List No.: 1 Sl No.: 9

Sri N S Jagadish v. United India Insurance Co.Ltd.

Case brief

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Sri N S Jagadish v. United India Insurance Co.Ltd.

Case brief

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