IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4097/2025 (MV-I)

BETWEEN:

THE MANAGER THE NEW INDIA ASSURANCE CO. LTD..

CENTENARY BUILDING, 2^ND FLOOR, GANAPATHY HIGH SCHOOL ROAD, MANGALORE, DK REPRESENTED BY THE MANAGER THE NEW INDIA ASSURANCE COMPANY LIMITED MOTOR THIRD PARTY CLAIMS, HUB MAHALAKSHMI CHAMBERS, NO.9, 2^ND FLOOR, M.G. ROAD, BENGALURU-560 001.

…APPELLANT (BY SRI. VENKATESH KAMATH B R., ADVOCATE)

AND:

Digitally signed by 1. RAMEEZA D/O RAZAK, PADMASHREE AGE 20 YEARS SHEKHAR DESAI R/AT. VIDYAPURA HOUSE, Location: High Court Of KABAKA VILLAGE, PUTTUR TALUK, Karnatka D.K. DIST.

MINOR REPRESENTED BY HIS NATURAL/ LEGAL GUARDIAN MOTHER ASMA W/O RAZAK AGED ABOUT 28 YEARS

2. KUSUMADHARA, W/O. NARAYANA GOWDA, AGED 42 YEARS R/AT. D.NO.1-103-1 GUDDEMANE HOUSE HALEMAJALU, NADUGALLU POST, NALKUR VILLAGE, SULLIA TALUK, D.K.

…RESPONDENTS (R1 – RAMEEZA SERVED, R2-KUSUMADHARA SERVED)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.28.09.2016 PASSED IN MVC NO.672/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT, PUTTUR, D.K, AWARDING COMPENSATION OF RS.86,100/- WITH INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.

THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT

This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 28.09.2016 passed in MVC No.672/2014 on the file of the Additional Senior Civil Judge and MEMBER, MACT, Puttur, D.K.

2. Learned counsel for the appellant is present. In spite of service of notice respondents remained ex-parte.

3. Heard the arguments of the learned counsel for appellant.

4. The New India Insurance Company filed IA before the Tribunal to produce additional documents. The main contention of the learned counsel for appellant is that the policy was issued by Tata Insurance Company, and they never issued any policy. He further stated that he filed application for impleading Tata AIG General Insurance Co. Ltd., but it was not disposed of, till the disposal of the main petition. As such, Tribunal directed the New India Insurance Company/R2 to deposit Rs.86,100/- along with interest at the rate of 7% p.a., within one month of the passing of the award. Immediately the Insurance Company filed another application on 15.11.2016 for impleading and it was disposed of on 02.07.2024. As such, they preferred an appeal with a delay of 2,334 days. Admittedly, there is no delay on the part of the Insurance Company. The Tribunal passed orders in the petition without disposing of the IA pending before the Tribunal. The Insurance Company immediately along with the counter filed an IA to implead another Insurance Company, by clearly stating that they have not issued any policy. But for the reasons best known to the Tribunal, the IA was not disposed of. As such, the question of impleading Tata AIG General Insurance Company was not considered at all. As a result, the present appellant/Insurance Company was directed to deposit the amount and later they have filed an application before the Tribunal, but it was disposed of, after 8 years and it amounts to gross abuse of the process of law.

5. Therefore, this Court finds it reasonable to condone the delay of 2,334 days in IA No.1/2025. IA No.2/2025 is filed to receive the additional documents. As the documents are relevant for the disposal of the main case, this Court finds it reasonable to receive the additional documents and the matter is remanded to the Tribunal with a specific direction to give reasonable opportunity to both sides for adducing evidence and for arguments and to consider the additional documents and to dispose of the matter on merits, within two months from the date of this order by giving top priority. Accordingly, this appeal is he