Karnataka High Court
Shri. Kallappa @ Kalmesh S/O Basappa ... vs M/S Ashoka Buildco Ltd on 26 June, 2025
Author: R.Devdas
Bench: R.Devdas
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NC: 2025:KHC-D:8062-DB
MFA No. 101564 of 2018
C/W MFA No. 102457 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 26TH DAY OF JUNE, 2025
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
MISCELLANEOUS FIRST APPEAL NO.101564 OF 2018 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.102457 OF 2018 (MV-I)
IN MISCELLANEOUS FIRST APPEAL NO.101564 OF 2018:
BETWEEN:
THE REGIONAL MANAGER
RELIANCE GENERAL INSURANCE COMPANY LTD.,
CENTENARY BUILDING, M.G. ROAD, BANGALORE-560001.
POLICY NO.1704252335000570
VALID FROM 01-07-2015 TO 30-06-2016
REPRESENTED BY THE AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. G.N. RAICHUR, ADVOCATE)
AND:
SAROJA 1. KALLAPPA @ KALMESH S/O BASAPPA HAVADI
HANGARAKI
AGE: 34 YEARS, OCC: AGRICULTURE & LAND OWNER
Digitally signed by
SAROJA HANGARAKI
Location: High Court of
Karnataka, Dharwad
NOW OCCUPATION NIL
R/O MALALI, TQ. MUDHOL,
Bench
Date: 2025.06.27
10:44:54 +0530
DIST: BAGALKOT-540001.
2. M/S ASHOKA BUILDCON LTD.,
B-4 GANAPATI VILLA, GANAPATH RICE MILL,
SAMBALPUR ROAD, NH-6 BARAGARH,
BAZAR BARGARH,
BARGARH-768028, ODISHA STATE.
...RESPONDENTS
(BY SRI. SANTOSH B. RAWOOT, ADVOCATE FOR R1;
NOTICE TO R2 IS HELD SUFFICIENT)
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NC: 2025:KHC-D:8062-DB
MFA No. 101564 of 2018
C/W MFA No. 102457 of 2018
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLE ACT., PRAYING TO MODIFY THE JUDGMENT AND AWARD
DATED 18.01.2018 PASSED BY THE COURT OF THE MOTOR VEHICLE
ACCIDENT CLAIMS TRIBUNAL XIV MUDHOL MVC NO.218/2016 BY
REDUCING THE COMPENSATION AND EXONERATING THE APPELLANT
INSURANCE COMPANY FROM THE LIABILITY BY ALLOWING THIS
APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY.
IN MISCELLANEOUS FIRST APPEAL NO.102457 OF 2018:
BETWEEN:
SHRI. KALLAPPA @ KALMESH S/O BASAPPA HAVADI
AGE: 34 YEARS, OCC: AGRICULTURE LAND OWNER
NOW OCCUPATION NIL,
R/O: MALALI, TQ: MUDHOL,
DIST: BAGALKOT-587313.
...APPELLANT
(BY SRI. SANTOSH B. RAWOOT, ADVOCATE)
AND:
1. M/S ASHOKA BUILD CO. LTD.,
B-4, GANAPATI VILLA, GANAPATH RAIC MILL,
SAMBALPUR ROAD, NH-6, BARAGARH,
BAZAR BARGARH, BARGARH-768028, ODISHA STATE.
2. THE REGIONAL MANAGER
RELIANCE GENERAL INSURANCE COMPANY LTD.,
CENTENARY BUILDING, M.G. ROAD, BENGALURU-560001.
...RESPONDENTS
(BY SRI. G.N. RAICHUR, ADVOCATE FOR R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 18.01.2018
PASSED IN MVC NO.218/2016 ON THE FILE OF THE MOTOR
ACCIDENT CLAIMS TRIBUNAL-XIV, MUDHOL, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION & ETC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
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NC: 2025:KHC-D:8062-DB
MFA No. 101564 of 2018
C/W MFA No. 102457 of 2018
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
Although we heard the learned counsels for the
appellant-Insurance Company and the appellant-claimant
in the two appeals, nevertheless, we find that the
insurance company has filed an application in
I.A.No.1/2022 seeking to bring on record the additional
documents, namely a permit issued by the Deputy
Commissioner for Transport, Belagavi. It is sought to be
contended at the hands of the learned counsel for the
insurance company that permit was taken by the owner of
the vehicle after the accident and the permit is valid from
04.03.2016 to 03.03.2021, while the accident occurred on
07.12.2015.
2. However, we are of the considered opinion that
unless the document is put to the owner of the vehicle, it
cannot be admitted in evidence, at this stage.
3. Consequently, we dispose of both the appeals
while remanding the matter back to the Tribunal to
NC: 2025:KHC-D:8062-DB
HC-KAR
re-open the case and permit the insurance company to
tender the additional document. We also direct the
Tribunal to once again issue notice to the owner of the
vehicle, having regard to the stand that is now taken by
the insurance company.
4. The matter shall be heard and disposed of, as
expeditiously as possible and at any rate within a period of
six months from the date of receipt of a certified copy of
this order.
5. In order to ensure early disposal of the case,
we direct the insurance company and the claimant to
appear before the Tribunal on 14.07.2025 without waiting
further notice.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(K V ARAVIND)
JUDGE
MBS
Ct:vp
