Karnataka High Court

MFA/427/2024 of SMT MEERABAI Vs VELU MURUGAN D on 15 September 2026

Cites 0, Cited by 0

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

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead