Santosh S/O Hiru Jadhav vs Kadapa S/O Shrishail Yallatti
2026 Latest Caselaw 202 Kant

Citation : 2026 Latest Caselaw 202 Kant
Judgement Date : 13 January, 2026

[Cites 1, Cited by 0]

Karnataka High Court

Santosh S/O Hiru Jadhav vs Kadapa S/O Shrishail Yallatti on 13 January, 2026

                                                      -1-
                                                                     NC: 2026:KHC-D:381
                                                                MFA No. 105813 of 2024


                        HC-KAR




                      IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

                            DATED THIS THE 13TH DAY OF JANUARY, 2026

                                               BEFORE

                      THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

                   MISCELLANEOUS FIRST APPEAL NO.105813 OF 2024 (MV-I)

                       BETWEEN:
                       SANTOSH S/O. HIRU JADHAV,
                       AGE. 32 YEARS, OCC. BUSINESS (NOW NIL)
                       R/O. HUNNUR-587119, TQ. JAMKHANDI,
                       DIST. BAGALKOT.
                                                                            ...PETITIONER
                       (BY SRI. BASAVARAJ MATHAPATI, ADVOCATE)

                       AND:
                       1.     KADAPA S/O. SHRISHAIL YALLATTI,
                              AGE. 32 YEARS, OCC. BUSINESS,
                              R/O. MADARKHANDI-587119,
                              TQ. JAMKHANDI, DIST. BAGALKOT.
                       2.     GURAPPA S/O. SHRISHAIL YALLATTI,
                              AGE. 30 YEARS, OCC. BUSINESS,
                              R/O. MADARKHANDI-587119,
Digitally signed              TQ. JAMKHANDI, DIST. BAGALKOT.
by SAMREEN                                                                ...RESPONDENTS
AYUB DESHNUR
Location: HIGH         (NOTICE TO R2 IS SERVED AND UNREPRESENTED;
COURT OF
KARNATAKA               NOTICE TO R1 IS DISPENSED WITH (V/O/DATED 12.12.2024))
                             THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
                       173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO, MODIFY THE
                       JUDGMENT AND AWARD DATED 31.08.2024 PASSED IN MVC
                       NO.152/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE
                       AND JMFC AND V MACT, JAMKHANDI, SEEKING COMPENSATION FOR
                       THE INJURY SUSTAINED BY THE SANTOSH S/O. HIRU JADHAV,
                       WHEREIN THE CLAIM WRIT PETITION FILED BY THE APPELLANT IS
                       PARTLY ALLOWED, BY AWARDING COMPENSATION OF RS.25,000/-
                       WITH INTEREST @ 6% P.A. BE KINDLY MODIFIED BY ENHANCING TO
                       RS.15,00,000/- WITH INTEREST @ 12 % P.A. FROM THE DATE OF
                       PETITION TILL THE DATE OF DEPOSIT OF AWARD AMOUNT, BY
                       ALLOWING THIS APPEAL WITH COSTS THROUGHOUT THE
                       PROCEEDINGS, IN THE INTEREST OF JUSTICE AND EQUITY.
                                -2-
                                             NC: 2026:KHC-D:381
                                       MFA No. 105813 of 2024


HC-KAR




     THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR FINAL
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:

CORAM:      THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI


                        ORAL JUDGMENT

Aggrieved by the judgment and award dated 31.08.2024 in

MVC No.152/2022 passed by the Principal Senior Civil Judge and

JMFC and V-Additional M.A.C.T., Jamakhandi (for short "the

Tribunal"), the appellant-claimant has filed this appeal.

2. Though notice is served on the respondents, none

appeared.

3. The Tribunal had granted the global compensation of

an amount of ₹25,000/-. An application under order XLI Rule 27

of CPC is filed by the learned counsel for the appellant before

this Court, whereby he has placed before this Court certain

documents to show that the claimant had spent money towards

treatment. This Court cannot consider all these documents

without letting in evidence. In that view of the matter, this Court

deems it fit to remand the matter to the Tribunal for fresh

consideration and hence, the following:

NC: 2026:KHC-D:381

HC-KAR

ORDER

(i) The appeal is allowed.

(ii) The judgment and award dated 31.08.2024 in MVC No.152/2022 passed by the Principal Senior Civil Judge and JMFC and V-Additional M.A.C.T., Jamakhandi is set aside and matter is remanded to the Tribunal for fresh consideration.

(iii) All the contentions are left open and the claimant is at liberty to mark the documents subject the law of evidence and the Tribunal shall dispose of the matter as expeditiously as possible.

(iv) The Registry is directed to return the Trial Court Records to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay.