Karnataka High Court
Moula @ Syed Moula vs Raghunathreddy on 20 August, 2025
-1-
NC: 2025:KHC:32379
MFA No. 5227 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO.5227 OF 2016(MV-I)
BETWEEN:
1. MOULA @ SYED MOULA
S/O LATE PYARU
AGED ABOUT 28 YEARS,
PRESENTLY
RESIDING AT 2ND CROSS,
RAHAMATHNAGARA
KOLAR - 563 101.
...APPELLANT
(BY SMT. SUSHMITHA GOPALAKRISHNA, ADVOCATE)
AND:
1. RAGHUNATHREDDY
BASIREDDYGARI
S/O B. SUBBAREDDY
MAJOR IN AGE
Digitally RESIDING AT D.NO.51/153-A
signed by NGO COLONY, RAYACHOTY
MADHURI S YSR (KADAPA) DISTRICT
Location: ANDHRA PRADESH-516 269.
High court
of Karnataka 2. M/S. IFFCO-TOKIYO
GENERAL INSURANCE CO. LTD.,
ADITHYA BUILDING, 2ND FLOOR
NEAR S.N.R HOSPITAL CIRCLE
KOLAR - 563 101
REP. BY ITS MANAGER.
...RESPONDENTS
(BY SRI. VIJAYA PHANEENDRA T.B., ADVOCATE FOR
-2-
NC: 2025:KHC:32379
MFA No. 5227 of 2016
HC-KAR
SRI. A.N. KRISHNASWAMY, ADVOCATE FOR R2;
VIDE ORDER DATED 29.05.2024,
SERVICE OF NOTICE R1 HELD SUFFICIENT)
MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED 27.11.2015
PASSED IN MVC NO.322/13 ON THE FILE OF THE MACT AND
2ND ADDITIONAL SENIOR CIVIL JUDGE, KOLAR, DISMISSING
THE CLAIM PETITION FOR COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
This appeal under Section 173(1) of M.V. Act, 1988 arises
from the Judgement and award dated 27.11.2015 passed in
M.V.C.No.322/2013 by the MACT and II Additional Senior Civil
Judge, Kolar.
2. Heard the arguments of learned counsel appearing
for appellant and learned counsel appearing for respondent
No.2.
3. The appellant/claimant has filed the claim petition
in MVC No.322/2013, under Section - 166 of Indian Motor
Vehicles Act seeking compensation for the injuries in a road
traffic accident that occurred on 15.05.2013.
NC: 2025:KHC:32379
HC-KAR
4. The claim petition of the appellant/claimant was
dismissed on the ground that identity of the claimant was not
proved. As such, now an application is filed inclosing Aadhaar
card to prove his identity. It is stated that when the matter was
pending before the Tribunal, Aadhaar card was misplaced and
could not be traced and as such, it was not filed. As it is a case
of injury and it is filed under beneficial legislation, this Court
finds to give reasonable opportunity to the litigant. Thus,
application is allowed and Aadhaar card is received on file.
5. Accordingly, I pass the following:
ORDER
i. The appeal is allowed.
ii. The matter is remanded to the Tribunal to permit
both the parties to adduce further evidence, if any
and the Tribunal to hear the arguments of both the
parties and then dispose of the matter afresh by
duly giving opportunity to both the sides within
three months from the date of receipt of the
records.
NC: 2025:KHC:32379
HC-KAR
iii. Registry is directed to send back the records to the
concerned Tribunal within one week from the date
of this order.
iv. Parties are hereby directed to appear before the
Tribunal on 15.09.2025 without awaiting further
notice.
SD/-
(P SREE SUDHA)
JUDGE
ST
