Sri Nagesh K S v. Mr Abdul Shahid P P
Case brief
What is this about?
Enhancement of motor-accident death compensation; additional evidence at appellate stage; Order XLI Rule 27 read with Section 151 CPC; pension payment order and bank passbook as proof of income; monthly pension Rs.24,556/- versus notional income Rs.14,500/-; award of Rs.7,32,960/- with 9% interest set aside on quantum only; remand to Tribunal; MVC No.1012/2020, Senior Civil Judge and MACT Malavalli; accident dated 24.02.2020; lorry KL-40-H 9586; claimants Nagesh K S, Manjula K S, Pavitra K S; Oriental Insurance Company Ltd.; Insurer's interest-denial plea for delayed production of documents kept open; MFA No.4728/2023, Karnataka High Court, Justice Shivashankar Amarannavar, decided 27.07.2026.
What did the court decide?
Appeal allowed in part. IA No.2/2023 (Order XLI Rule 27 r/w Section 151 CPC) allowed permitting production of the pension payment order and bank passbook of the deceased. Impugned judgment and award dated 26.12.2022 in MVC No.1012/2020 set aside only on quantum of compensation; matter remanded to the Tribunal for further evidence on the deceased's income - appellants to produce originals of the pension payment order and bank passbook and may lead evidence thereon; respondent No.2 insurer at liberty to lead further evidence, if any; both parties to appear before the Tribunal without awaiting notice on 27.08.2026; Registry to send a copy of the order to the Tribunal forthwith with documents produced under I.A.No.2/2023. The Insurer's contention denying interest on account of delay in production of documents is kept open.