Sri Vijayakumar Vs the Managing Director

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.04.2017 PASSED IN MVC NO.1020/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, TUMAKURU, DISMISSING THE CLAIM PETITION FOR COMPENSATION AND ETC,.

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THIS APPEAL, 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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This appeal is filed by the appellant/ claimant against the judgment and award dated 01.04.2017 passed in MVC.No.1020/2015 on the file of II Additional Senior Civil Judge and MACT, Tumakuru.

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The injured/claimant met with an accident on 08.10.2014 and filed the claim petition claiming compensation of Rs.30,00,000/-. The Tribunal considering the entire evidence on record dismissed the claim petition. Aggrieved by the said order he preferred an appeal.

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At the time of the arguments, learned counsel for the appellant requested this Court that he intended to examine

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3 - NC: 2026:KHC:27955 MFA No. 6490 of 2017

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HC-KAR

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the charge sheet, witnesses and requested the matter to be remanded to the Trial Court. Therefore, this Court finds it reasonable to grant reasonable opportunity and to remand the matter with a specific condition that, he is not entitled for interest from the date of appeal i.e. 16.08.2017 till 10.06.2026. Accordingly, I pass the following:

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ORDER

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i) The appeal is allowed and remanded ;

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ii) The Tribunal is specifically directed to give reasonable opportunity to both sides for adducing evidence, arguments and to dispose of the matter on merits by duly considering the entire evidence on record within 2 months from the date of the order as it is a matter of 2017;

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