Mr Suresh D L v. Sri Kenchaiah
Case brief
What is this about?
MFA No.7752 of 2022 (MV-I), High Court of Karnataka, decided 10.07.2026 by Rajesh Rai K, J. Owner of offending bus KA-54-7227 appeals MACT Maddur award (MVC No.975/2018, dt.08.02.2022) of Rs.2,16,260/- @6% p.a. to injured claimant Kenchaiah (respondents: his LRs Thimmamma, Lakshmamma, Saraswathi). Insurer (Reliance General Insurance Co., per appellant counsel) never impleaded; owner was ex parte. Additional documents admitted via Order 41 Rule 27 CPC (I.A.No.3/2022): policy No.1403252340005267 valid 04.11.2015-03.11.2016 covering accident date 20.05.2016. Held: matter requires reconsideration; appeal allowed; award set aside; remanded for fresh disposal with liberty to array insurer and adduce evidence. Keywords: S.173(1) MV Act, non-impleading of insurer, remand, set aside, fresh consideration, ex parte respondent, additional evidence.
What did the court decide?
Appeal allowed; judgment and award dated 08.02.2022 in M.V.C.No.975/2018 set aside; matter remitted to the Tribunal for fresh consideration with liberty to all parties to adduce evidence and place documents; Tribunal to issue notice to all parties and conclude the claim petition at the earliest.