The New India Assurance Co. Ltd. Vs Sri K G Manjunatha

SRI V R JAGADEESHA AGED ABOUT 35 YEARS S/O RANGAPPA RESIDENT OF VITALAPURA VILLAGE AMRUTHAPURA HOBLI TARIKERE TALUK CHICKMAGALUR DISTRICT-577 228 (RIDER OF TVS MOTOR BIKE NO.KA.18/U-7335)

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…RESPONDENTS

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(BY SRI. KARTHIK. A. BHARGAV., ADVOCATE FOR R1, R2 AND R3 ARE SERVED AND UNREPRESENTED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:24.12.2014 PASSED IN MVC NO.39/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC.,AMACT, AT TARIKERE, AWARDING COMPENSATION OF RS.6,32,286/- WITH INTEREST @6% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.

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IN MFA.CROB NO. 58/2015:

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BETWEEN:

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K G MANJUNATH S/O GANAPPA, AGED ABOUT 38 YEARS, OCCUPATION AGRICULTURIST, KUNTINAMADU VILLAGE, AMRUTHAPURA HOBLI, TARIKERE TALUK-577 228

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...CROSS OBJECTOR

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(BY SRI. KARTHIK. A BHARGAV., ADVOCATE)

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3 - NC: 2026:KHC:32389 MFA No. 2473 of 2015 C/W MFA.CROB No. 58 of 2015

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HC-KAR

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AND:

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THE NEW INDIA ASSURANCE CO. LTD., PANDURANGA COMPLEX, KOLLAPURADAMMA TEMPLE STREET, CHIKMAGALUR-577 101.

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G.H. RAJAPPA S/O HALAPPA, AGE ABOUT 28 YEARS OCCUPATION: AGRICULTURIST, OWNER OF TVS MOTOR BIKE REGN.NO: KA18/U-7335, RESIDENT AT GYARAMARADI VILLAGE, BETTADAHALLI POST, KASABA HABLI, TARIKERE TALUK-577 228

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V.R. JAGADESHA, S/O RANGAPPA, AGED ABOUT 36 YEARS, OCCUPATION: COOLIE, VITALAPURA VILLAGE, AMRUTHPURA HOBLI, TARIKERE TALUK (DRIVER OF THE T.V.S MOTOR BIKE BEARING REG.NO.KA-18.U-7135) CHIKAMAGALUR DISTRICT-577 101

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...RESPONDENTS

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(BY SRI. ANUP SEETHA RAMA RAO., ADVOCATE FOR R1, V/O DTD: 23.10.2017 NOTICE TO R2 AND R3 ARE HELD SUFFICIENT)

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THIS MFA CROB IN MFA NO.2473/2015 IS FILED U/O XLI RULE 22 OF CPC, AGAINST THE JUDGMENT AND AWARD DATED24.12.2014 PASSED ON MVC NO.39/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL, JMFC, MEMBER ADDITIONAL MACT, AT TARIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING FURTHER ENHANCEMENT OF COMPENSATION.

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4 - NC: 2026:KHC:32389 MFA No. 2473 of 2015 C/W MFA.CROB No. 58 of 2015

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HC-KAR

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THIS MFA AND MFA CROB IN MFA NO.2473/2015 IS 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

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ORAL JUDGMENT

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MFA No.2473/2015 is filed by appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 against the judgment and award in MVC No.39/2012 passed by Senior Civil Judge and Principal, JMFC, AMACT, Tarikere dated 24.12.2014. MFA CROB No.58/2015 is also filed by the appellant/claimant against the aforementioned judgment passed by the tribunal.

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MFA.CROB No.58/2015

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IA No.2/2015 is filed for production of the additional documents.

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Learned counsel for the appellant/claimant stated that after disposal of the claim petition before the Tribunal, he incurred Rs.1,91,478/- towards medical treatment and filed relevant bills before this court.

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Therefore, this court finds that it is just and reasonable to remand the matter to the Tribunal and the

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5 - NC: 2026:KHC:32389 MFA No. 2473 of 2015 C/W MFA.CROB No. 58 of 2015

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HC-KAR

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Tribunal is specifically directed to grant reasonable opportunity to both sides for adducing evidence and for arguments and to dispose of the matter afresh by duly considering the entire evidence on record.

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Hence, this appeal is allowed and remanded.

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Registry is directed to send the records. Both the parties are directed to appear before the Tribunal on 20.07.2026.

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In the meanwhile, registry is directed to send the records along with interlocutory applications.

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MFA No. 2473 of 2015

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In view of the remand of the matter in MFA.CROB No.58/2015, this appeal is dismissed .

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Amount in deposit is to be transferred to MACT.