Smt Gowramma Vs Mr Shivaremegowda — Motor Accident Claims | Karnataka HC (2026)

Smt Gowramma Vs Mr Shivaremegowda — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Application I.A.No.1/2020 (production of additional documents by the owner) allowed; both appeals remanded to the tribunal for fresh disposal after permitting both sides to adduce evidence and submit arguments, within 2 months from the date of the order; both parties directed to appear before the tribunal on 29.06.2026; registry directed to send the record within 10 days.

Issue for consideration

Whether the application I.A.No.1/2020 filed by respondent No.8/owner of the vehicle for production of additional documents (copy of R.C., Permit dated 27.08.2012, Insurance Policy dated 10.10.2012 and driving licences of the driver Kumara/Kumar M.P.) should be received and allowed. +1 more

Court's answer

The application I.A.No.1/2020 for production of additional documents is allowed.

Ratio / Principle

The appeals are remanded to the tribunal with a specific direction to permit both sides to adduce evidence, submit arguments and dispose of the matter afresh by duly considering the entire evidence on record, within 2 months from the date of the order.

Key takeaways

Both the parties are directed to appear before the tribunal on 29.06.2026.ratio¶76
The registry is directed to send the record within 10 days from the date of the order.ratio¶77

Detailed headnote1 paragraphs

High Court of Karnataka (Hon'ble Mrs. Justice P Sree Sudha), oral judgment dated 09-06-2026 in connected Miscellaneous First Appeals Nos. 2124 and 4905 of 2015 (MV-D), both filed under S.173(1) of the MV Act against the judgment and award dated 2.12.2014 of the MACT (8th Additional Small Causes Judge/33rd ACMM, Bangalore) in MVC No.1294/2013 awarding Rs.4,70,000 with interest @ 6% p.a. - the insurer contesting the award and the claimants seeking enhancement. Learned counsel for the claimants submitted that the owner's application I.A.No.1/2020 sought production of additional documents (duplicate RC obtained from RTO, Permit dated 27.08.2012, Insurance Policy dated 10.10.2012 and two driving licences of driver Kumara/Kumar M.P.), the originals having been retained by the police, left with the departed driver, or misplaced. Finding it just and reasonable, the Court allowed I.A.No.1/2020, received the documents, and remanded both appeals to the tribunal with a specific direction to permit both sides to adduce evidence, submit arguments and dispose of the matter afresh on the entire record within 2 months; both parties were directed to appear before the tribunal on 29.06.2026 and the registry to transmit the record within 10 days.

NC: 2026:KHC:27668 MFA No. 2124 of 2015 C/W MFA No. 4905 of 2015

1 -

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2124 OF 2015 (MV-D)

C/W

MISCELLANEOUS FIRST APPEAL NO. 4905 OF 2015 (MV-D) IN MFA No. 2124/2015:

BETWEEN:

Digitally signed by PADMASHREE SHEKHAR DESAI

Location: High Court of Karnataka

THE BRANCH MANAGER OREINTAL INSURANCE CO.LTD., DO.6, ASHIRVAD, NO.20, 9^TH MAIN ROAD, 3^RD BLOCK, JAYANAGAR, BENGALURU-560 001. BY ORIENTAL INSURANCE CO.LTD., REGIONAL OFFICE, NO.144, NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY CROSS ROAD, BANGALORE-560025. BY IT’S MANAGER.

(BY SRI. O MAHESH., ADVOCATE)

AND:

SMT. GOWRAMMA AGED 40 YEARS, W/O.KARIGOWDA @ KARIYAPPA,

…APPELLANT

SRI MAHESH AGED 26 YEARS, S/O.KARIGOWDA @ KARIYAPPA,

KUM. NALINA, AGED 24 YEARS,

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HC-KAR

D/O.KARIGOWDA @ KARIYAPPA,

KUM VARALAKSHMI AGED 22 YEARS, D/O.KARIGOWDA @ KARIYAPPA,

SRI KARIGOWDA AGED ABOUT 62 YEARS, S/O.GULICHENNAGOWDA,

SINCE RESPONDENT NO.6 DEAD RESPONDENT NO.1 TO 5 AND R7 ARE TREATED AS LR’S OF DECEASED R6 VIDE COURT ORDER DTD:29.06.2016

SMT MAYAMMA AGED 52 YEARS, W/O.KARIGOWDA,

ALL ARE NOW RESIDING AT 1^ST MAIN, 10^TH CROSS, ANNAPURNASWARI NAGAR, BANGALORE-560 091,

AND ALSO RESIDING AT CHANNAMMANAKOPPLU VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 428.

SHIVARAMEGOWDA

MAJOR, S/O.KARIGOWDA, T.BALLEKERE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571 428. DEAD BY HIS LR

8(A). M. JAYARAMU, S/O LATE SHIVARAMEGOWDA, 40 YEARS, R/O T. BALLEKERE, KOPPAL HOBLI, MADDUU TALUK, MANDYA DISTRICT-572 424.

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HC-KAR

AMENDED AS PER COURT ORDER DTD: 08.09.2025.

…RESPONDENTS

(BY SRI. B KESHAVA MURTHY, ADVOCATE FOR R1 TO R5 AND R7, V/O DTD:08.09.2025 SERVICE OF NOTICE TO R8(A) IS HELD SUFFICIENT)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:2.12.2014 PASSED IN MVC NO.1294/2013 ON THE FILE OF THE 8^TH ADDITIONAL SMALL CAUSES JUDGE, 33RD ACMM, MEMBER, MACT, BANGALORE, AWARDING A COMPENSATION OF RS.4,70,000/WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION OF SAME FROM RESPONDENTS.IN TIME.C.F. SUFFICIENT.

IN MFA NO. 4905/2015:

BETWEEN:

SMT GOWRAMMA W/O LATE KARIGOWDA @ KARIYAPPA, AGED ABOUT 40 YEARS,

MR MAHESH

S/O LATE KARIGOWDA @ KARIYAPPA, AGED ABOUT 26 YEARS,

KUM NALINA D/O LATE KARIGOWDA @ KARIYAPPA, AGED ABOUT 24 YEARS,

KUM VARALAKSHMI D/O LATE KARIGOWDA @ KARIYAPPA, AGED ABOUT 22 YEARS,

KUM SWETHA D/O LATE KARIGOWDA @ KARIYAPPA, AGED ABOUT 20 YEARS,

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HC-KAR

SMT MAYAMMA

W/O MR.KARIGOWDA, AGED ABOUT 52 YEARS R/AT 1^ST MAIN, 10^TH CROSS, ANNAPURNESHWARI NAGAR, BANGALORE-560072. ALSO AT: CHANNAMMANAKOPPLU VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT-572 424.

...APPELLANTS

(BY SRI. KESHAVA MURTHY B., ADVOCATE)

AND:

MR SHIVAREMEGOWDA SINCE DEAD HIS LR

(A) MR. JAYARAMU, S/O LATE SHIVARAMEGOWDA, AGED ABOUT 40 YEARS, R/AT T.BALLEKERE, KOPPAL HOBLI, MADDUR TALUK, MANDYA DISTRICT-572 424.

AMENDED AS PER COURT ORDER DTD: 08.09.2025.

THE ORIENTAL INSURANCE CO.LTD. DO-6, ASHIRWAD, NO.20, 9^TH MAIN ROAD, 3^RD BLOCK, JAYANAGAR, BANGALORE-560 011.

...RESPONDENTS

(BY SRI. O MAHESH, ADVOCATE FOR R2, R-1(A) IS SERVED AND UNREPRESENTED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 2.12.2014 PASSED IN MVC NO.1294/2013 ON THE FILE OF THE 8^TH ADDITIONAL SMALL CAUSES JUDGE, 33^RD ACMM, MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING

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HC-KAR

ENHANCEMENT OF COMPENSATION.

THESE APPEALS COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT

Learned counsel for the claimants submits that the application in I.A.No.1/2020 was filed by respondent No.8/owner of the vehicle, for production of additional documents such as DL and RC were obtained by the police at the time of the accident, but the same were not returned, but he later obtained duplicate RC from RTO by producing FIR copy. Further, submits that the driver left the job and he has not given the original DL to him. The other documents like Fitness Certificate and Permit were mixed up with other papers and they were traced only few days back. Therefore, requested this court to receive the said documents and he filed the following

documents,

1. Copy of R.C.,

1. Copy of Permit dated 27.08.2012

1. Insurance Policy dated 10.10.2012

1. Copy of D.L. of Kumara M.P.

1. Copy of another D.L., of Kumar M.P.

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HC-KAR

Heard the arguments of both sides and this court finds that it is just and reasonable to receive the documents and to remand the matter to the tribunal with a specific direction to permit both sides to adduce evidence and to submit arguments and to dispose of the matter afresh by duly considering the entire evidence on record, within 2 months from the date of the order as it is a matter of 2015, both counsels are directed to co-operate with the Court for disposing case within stipulated time.

Accordingly, the application in I.A.No.1/2020 is allowed and the appeal is remanded to the tribunal.

Both the parties are directed to appear before the tribunal on 29.06.2026.

In the meanwhile registry is directed to send the record within 10 days from the date of this order.

Sd/(P SREE SUDHA) JUDGE

AKV CT:NR, List No.: 1 Sl No.: 47