Jayantha N Naik Vs M Srinivasa — Motor Accident Claims | Karnataka HC (2026)

Jayantha N Naik Vs M Srinivasa — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Appeal allowed and remanded to the Tribunal (Senior Civil Judge and Additional MACT, Harihar) to give both sides reasonable opportunity to adduce evidence and argue and to dispose of MVC No.37/2011 on merits within two months; claimant denied interest from 04.12.2014 to 12.06.2026; parties directed to appear before the Tribunal on 13.07.2026; Registry to send records back within 10 days; all contentions kept open; pending interlocutory applications disposed of.

Issue for consideration

Whether the claimant is entitled to enhancement of the compensation of Rs.1,02,650/- awarded by the Tribunal against his claim of Rs.5,50,000/- +1 more

Ratio / Principle

The appeal is allowed and the matter is remanded to the Tribunal, which is directed to give reasonable opportunity to both sides to adduce evidence and argue, and to dispose of the matter on merits considering the entire evidence on record within two months, as it is a matter of 2014.

Key takeaways

As a specific condition of the remand, the claimant/appellant is not entitled to interest for the period from the date of appeal, i.e. 04.12.2014, till 12.06.2026.ratio¶¶33
All contentions of the parties are kept open, to be decided by the Tribunal on remand.ratio¶¶46

Detailed headnote1 paragraphs

Motor Vehicles Act — S.173(1) MV Act — Enhancement of compensation — Injured claimant's MFA against award dated 14.08.2014 in MVC No.37/2011 (Senior Civil Judge and Additional MACT, Harihar), whereby Rs.1,02,650 with 6% interest was awarded against a claim of Rs.5,50,000 for the accident of 22.10.2010. With IA No.1/2023 (driving licence extract) on file and counsel seeking remand to adduce additional evidence, the High Court allowed the appeal and remanded the matter to the Tribunal to give both sides reasonable opportunity to adduce evidence and argue and to dispose of the case on merits within two months; parties directed to appear on 13.07.2026; records to be returned within 10 days; all contentions kept open; as a condition of remand the claimant is not entitled to interest from 04.12.2014 (date of appeal) till 12.06.2026. (P Sree Sudha, J.)

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NC: 2026:KHC:28607 MFA No. 8033 of 2014

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8033 OF 2014 (MV-I)

BETWEEN:

JAYANTHA N NAIK AGED ABOUT 29 YEARS S/O NAGAPPA MALLARI VILLAGE BATKAL KARVAR DISTRICT 581301.

APPELLANT

(BY SRI. VINAYA KEERTHY M.,ADVOCATE)

AND:

M SRINIVASA

Digitally signed by PADMASHREE SHEKHAR DESAI

Location: High Court of Karnataka

AGED ABOUT 43 YEARS S/O NARASAYYA NANDITHAVARE CAMP HARIHAR TALUK 577217.

N RAMABABU AGED ABOUT 39 YEARS S/O KRISHNAMURTHY NANDITHAVARE CAMP HARIHAR TALUK 577217.

THE BRANCH MANAGER THE RELIANCE GENERAL INSURANCE #41, II FLOOR CRISTU COMPLEX

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NEAR MANDOVI MOTOR LAVELLE ROAD BENGALOORU 560 001.

RESPONDENTS

(BY SRI. ASHOK N PATIL FOR R3.,ADVOCATE;

V/O DTD 14.11.2022 NOTICE TO R2 IS D/W;

R1 SERVED AND UNREPRESENTED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED14.08.2014 PASSED IN MVC NO.37/2011 ON THE FILE OF THE SENIOR CIVIL AND ADDITIONAL MACT, HARIHAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,.

THIS APPEAL, COMING ON FOR ORDERS, 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/ claimant against the judgment and award dated 14.08.2014 passed in MVC.No.37/2011 on the file of the learned Senior Civil Judge and Additional MACT, Harihar.

The injured/claimant met with an accident on 22.10.2010 and filed the claim petition claiming compensation

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of Rs.5,50,000/-. The Tribunal considering the entire evidence on record awarded total compensation of Rs.1,02,650/together with interest at the rate of 6% per annum from the date of petition till deposit. Aggrieved by the said order he preferred an appeal.

IA.No.1/2023 is filed for production of additional document i.e. copy of the driving licence extract. At the time of argument learned counsel for the appellant requested this Court to remand back the matter to the Tribunal for adducing additional evidence. 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. 04.12.2014 till 12.06.2026. Accordingly, I pass the following:

ORDER

i) The appeal is allowed and remanded ;

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

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entire evidence on record within 2 months from

the date of the order as it is a matter of 2014;

iii) Both the counsels are directed to co-operate with

the Tribunal for disposal of the case within the stipulated time;

iv) Registry is directed to send back the records to the Trial Court within 10 days;

v) Both the parties are directed to appear before the Tribunal on 13.07.2026;

vi) All contentions of the parties are kept open.

In view of the disposal of main appeal, pending

interlocutory applications are disposed of.

Sd/(P SREE SUDHA) JUDGE

PNV

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