Karnataka High Court
MFA/427/2024 of SMT MEERABAI Vs VELU MURUGAN D on 15 September 2026
CNR: KAHC010020942024 NC: 2026:KHC:49955-DB MFA No. 427 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE R DEVDAS AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 427 OF 2024 (MV-D)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE R DEVDAS
AND
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
MISCELLANEOUS FIRST APPEAL NO. 427 OF 2024 (MV-D)
BETWEEN:
1.
SMT. MEERABAI
W/O LATE SHANTHILAL KAVADIAYA
AGED ABOUT 56 YEARS
2.
PANKAJ KAVADIYA
S/O LATE SHANTHILAL KAVADIAYA
AGED ABOUT 32 YEARS
3.
MANEESH KAVADIYA
S/O LATE SHANTHILAL KAVADIAYA
AGED ABOUT 26 YEARS
ALL ARE R/AT NO.1150/27
NALABANDAVADI, MANDYA CITY.
4.
SMT. RINKU
W/O KALPESH
D/O LATE SHANTHILAL KAVADIAYA
AGED ABOUT 31 YEARS
R/AT NO. 334, 7TH CROSS
INDIRANAGARA, RAJAJINAGARA
NEAR MODI EYE HOSPITAL
BENGALURU.
…APPELLANTS
(BY SMT. K. SHOBHA, ADVOCATE)
Digitally signed
by G
SHREERAKSHA
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
AND:
1.
VELU MURUGAN D
S/O DORESWAMY
(GSTIN: 29ACUPV9257A1ZT)
NO.114, POLICE QUARTERS BEHIND
3RD STAGE, KHB COLONY
HUNSUR TALUK
MYSORE DISTRICT.
2.
THE ORIENTAL INSURANCE COMPANY LTD
NO.1825/1, SHIVAIAH COMPLEX
KALPATHARU CIRCLE
B.M. ROAD, HUNSUR-571105
REPRESENTED BY ITS BRANCH MANAGER
MANDYA BACH, MANDYA.
…RESPONDENTS
(BY SRI A.N. KRISHNA SWAMY, ADVOCATE FOR R2; V/O DATED 24.06.2024 NOTICE TO R1 IS
DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST
THE JUDGMENT AND AWARD DATED 06.11.2023 PASSED IN
MVC NO.662/2020 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE AND MACT, MANDYA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE R DEVDAS
and
HON'BLE DR. JUSTICE K.MANMADHA RAO
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE R DEVDAS)
The learned counsel for the appellants/claimants has filed an application in I.A.No.3/2024 seeking leave of this Court to produce additional documents in the form of Income Tax Returns filed by the deceased for the years 2017-2018 to 2019-2020.
2. Learned counsel for the appellants submits that, although the claimants had handed over the documents to the learned counsel who appeared for the claimants before the Tribunal, however the learned counsel has not produced those documents before the Trial Court and since these are official records, there is no harm in the claimants producing the same before this Court.
3. However, learned counsel for respondent No.2 - Insurance Company submits that these documents are required to be thoroughly examined by the respondents
HC-KAR
before accepting the same and, therefore, the matter may be remanded back to the Tribunal to enable the claimants to produce the additional documents and, to enable the respondents to raise all contentions which are open for the respondents in law.
4. Accepting the submissions on both the sides, the appeal is partly allowed while setting aside the impugned judgment and award. The matter stands remanded back to the Tribunal to enable the claimants to produce the additional documents while also giving an opportunity to the respondents to raise all objections that are open for the respondents in law for the production of the documents. The Trial Court shall consider the same and proceed in accordance with law and, re-conclude the proceedings as expeditiously as possible and at any rate within a period of four months from 05.10.2026. The parties are directed to appear before the learned Principal Senior Civil Judge and MACT Mandya on 05.10.2026 without waiting for further notice.
HC-KAR
Ordered accordingly.
Sd/- (R DEVDAS) JUDGE
Sd/- (DR.K.MANMADHA RAO) JUDGE
GSR List No.: 1 Sl No.: 58