Y B Lingegowda Vs the Manager

JUDGMENT AND AWARD DATED 19.06.2015 PASSED IN MVC NO.223/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT AT BELUR, DISMISSED THE CLAIM PETITION FOR COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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3 - NC: 2026:KHC:32547 MFA No. 8136 of 2015

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HC-KAR

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ORAL JUDGMENT

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This appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 19.06.2015 in MVC.No.223/2014 on the file of the Senior Civil Judge and MACT, Belur.

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Learned counsels for both sides are present before the Court.

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The injured-claimant met with an accident on 05.11.2013 and filed a claim petition seeking compensation of Rs.15,00,000/-. The Tribunal after considering the evidence on record, dismissed the claim petition. Aggrieved by the said order, he preferred this appeal.

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Now, learned counsel for the appellant

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requested the Court to remand the matter for adducing proper evidence before the Tribunal.

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4 - NC: 2026:KHC:32547 MFA No. 8136 of 2015

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HC-KAR

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As the matter is pertaining to 2014 and appeal

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is filed on 30.10.2015, he is not entitled for interest on the compensation amount from 30.10.2015 to 01.07.2026. The matter is to be remanded to the Tribunal with a specific direction to grant reasonable opportunity to both sides for adducing evidence and for arguments and to dispose of the matter on merits within two months from the date of receipt of records. Both the counsel are directed to cooperate with the Court for disposal of the case within stipulated period.

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Accordingly, I pass the following:

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ORDER

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i) The appeal is allowed ;

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ii) The matter is remitted back to the Tribunal with a specific direction to grant reasonable opportunity to both sides for adducing evidence and for arguments and to dispose of the matter on merits within two (02) months from the date of receipt of records.

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