The Proprietor Vs M/S Oriental Insurance Co. Ltd. — Motor Accident Claims | Karnataka HC (2026)

The Proprietor Vs M/S Oriental Insurance Co. Ltd. — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Appeal allowed and matter remanded to the Tribunal with directions to give both sides reasonable opportunity to adduce evidence and argue, and to dispose of the matter on merits within 2 months; both parties to appear before the Tribunal on 06.07.2026; registry directed to send the records.

Issue for consideration

Whether the appeal filed by the appellant/owner under Section 173(1) of the Motor Vehicles Act, 1988 should be allowed and the matter remanded, given that notice to respondent No.2 was returned un-served as 'Left' but treated as proper service and the party was set ex-parte, with the appellant seeking to produce additional documents (IA No.1/2018) and to cross-examine witnesses.

Court's answer

The matter is remanded to the Tribunal with a specific direction to give reasonable opportunity to both sides for adducing evidence and for arguments.

Ratio / Principle

The Tribunal is to dispose of the matter on merits by duly considering the entire evidence on record within 2 months from the date of this order, as it is a matter of 2016.

Key takeaways

Both parties are directed to appear before the Tribunal on 06.07.2026.ratio¶¶36-37
In the meanwhile, the registry is directed to send the records.ratio¶¶38-39

Detailed headnote1 paragraphs

Miscellaneous First Appeal (MV-I) under Section 173(1) of the Motor Vehicles Act, 1988 by the Proprietor of M/s Panache Enterprise (owner) against the judgment and award dated 16.04.2016 of the V Additional Small Causes Judge & XXIV ACMM, Member, MACT, Court of Small Causes, Mayo Hall Unit, Bengaluru, in MVC No.2755/2015 awarding compensation of Rs.5,80,560/- with interest @ 9% p.a. from the date of petition till realization. Appellant contended that notice issued to respondent No.2 was returned un-served as 'Left' but the Tribunal treated it as a proper service and set ex-parte, depriving him of knowledge of the proceedings; he filed IA No.1/2018 for production of additional documents and intended to cross-examine the witnesses. Held: the matter is remanded to the Tribunal with specific direction to give reasonable opportunity to both sides for adducing evidence and arguments and to dispose of the matter on merits, duly considering the entire evidence on record, within 2 months; appeal allowed and remanded; both parties directed to appear before the Tribunal on 06.07.2026; registry directed to send the records. (P Sree Sudha, J.)

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NC: 2026:KHC:29156 MFA No. 4478 of 2016

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4478 OF 2016 (MV-I)

BETWEEN:

THE PROPRIETOR M/S PANACHE ENTERPRISE, NO.17/3, OLD MADRAS ROAD, INDIRANAGAR, BANGALORE-560 038,

AND ALSO NEW ADDRESS: NO.1/A, 16^TH MAIN, 100 FEET ROAD, INDIRANAGAR, BANGALORE-560 038.

…APPELLANT

(BY SRI. THRIMURTHY K P., ADVOCATE)

Digitally signed by PADMASHREE SHEKHAR DESAI

Location: High Court of Karnataka

AND:

M/S ORIENTAL INSURANCE CO LTD., MOTOR CLAIM HUB, NO.44/45, LEO COMPLEX, RESIDENCY ROAD, BANGALORE-560 001.

SRI. HARISH P H AGED ABOUT 33 YEARS, S/O HANUMANTHAPPA, R/O NEAR HANUMAN TEMPLE, PAKARAHALLI VILLAGE, HUDUKULA POST, BANGARLPET TALUK

2 - NC: 2026:KHC:29156 MFA No. 4478 of 2016

HC-KAR

KOLAR-563 114.

…RESPONDENTS

(BY SRI. A M VENKATESH., ADVOCATE FOR R1, SRI. PRAKASHA .H.C., ADVOCATE FOR R2)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 16.04.2016 PASSED IN MVC NO.2755/2015 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE, & XXIV ACMM, MEMBER, MACT, COURT OF SMALL CAUSES, MAYO HALL UNIT, BENGALURU, AWARDING COMPENSATION OF Rs.5,80,560/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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/owner under Section 173(1) of Motor Vehicles Act, 1988 to set aside the judgment and award dated 16.04.2016 passed in MVC No.2755/2015 on the file of the V Addl. Judge, Court Of Small Causes, Mayo Hall Unit, Bengaluru .

3 - NC: 2026:KHC:29156 MFA No. 4478 of 2016

HC-KAR

Learned counsel for appellant contended that the appellant filed this appeal on the ground that notice issued to respondent No.2 is un-served as ‘Left’. But the tribunal treated it as a proper service and set ex-parte, as such he had no knowledge of the proceedings. Presently, he filed IA No.1/2018 for production of the additional documents mentioned herein and also intended to cross examine the witnesses.

Therefore, the matter is remanded to the Tribunal with a specific 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 duly considering the entire evidence on record within 2 months from the date of this order, as it is a matter of 2016.

Accordingly, this appeal is allowed and remanded.

Both counsel are directed to cooperate with the court for disposal of the matter within the stipulated period.

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NC: 2026:KHC:29156 MFA No. 4478 of 2016

HC-KAR

Both the parties are directed to appear before the

Tribunal on 06.07.2026.

In the meanwhile, registry is directed to send the

records

Sd/(P SREE SUDHA) JUDGE

AKV CT:NR List No.: 1 Sl No.: 56