IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 9408 OF 2018 (MV-I)

BETWEEN:

SRI MANJUNATHA S/O CHIKKATAMMEGOWDA AGED ABOUT 50 YEARS HOUSE NO. 77/1, HOSAKOTE PANDAVAPURA TALUK MANDYA DISTRICT – 571401.

…APPELLANT (BY SRI. MAHADEVA SWAMY P., ADVOCATE)

AND:

1. MAHESH S/O DESHIGOWDA AGED ABOUT 27 YEARS R/AT NO. EREGOWDANAHALLI VILLAGE CHINAKURALI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT – 571401.

2. THE MANAGER IFFCO TOKIO GEN INS. CO. LTD NO 846, NEW KANTHARAJ URS ROAD AKSHAYABANDAR, KUVEMPUNAGAR MYSURU – 570023.

…RESPONDENTS (BY SRI. M Y SREENIVASAN., ADVOCATE FOR R1;

SRI. B PRADEEP, ADVOCATE FOR R2)

***

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.10.2012 PASSED IN MVC NO.253/2009 ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC, MACT, PANDAVAPURA, AWARDING COMPENSATION OF RS.94,800/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL PAYMENT OF THE ENTIRE AMOUNT.

THIS MFA, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

I.A.No.1/2019

1. I.A.No.1/2019 is filed by the appellant/owner, under Order XLI Rule 27, read with Section 151 of the Code of Civil Procedure, 1908 [hereinafter referred to as the “CPC”], seeking permission to produce two documents, (i) Registration Certificate extract and (ii) Driving Licence extract, as additional evidence.

2. The learned counsel for the appellant/owner of the offending vehicle submits that he had even submitted the aforesaid documents including the RC Book, Insurance policy to the counsel before the learned Tribunal to file them before it. However, he learnt about the liability fastened on him, only when he received the summons in the execution proceedings, that the liability of the accident had been fastened on him.

3. The learned counsel for the appellant/owner submits that since these documents were given to his counsel in the learned Tribunal and were sufficient to show that there was a valid and existing Insurance policy and that there was no breach of the policy conditions, he could not have been made liable to pay the compensation. Thus, it is contended that the appellant/owner may be permitted to place these documents on record.

4. The learned counsel for the respondent No.2/ Insurance Company submits that he has been unable to verify the contents of these documents. However, he states that these documents are necessary for the purpose of adjudication of the matter.

5. The record reflects that this application was filed as early as on 01.07.2019 and the Insurance Company had more than six years to verify the authenticity of these documents. However, in any event, since these are certified copies obtained from the Regional Transport Authority, Mandya, and in view of the judgment of the Supreme Court in the case of National Insurance Company Ltd. V. Swaran Singh and others, AIR 2004 SC 1531: (2004) 3 SCC 297, this Court finds no impediment in allowing this application.

Accordingly, I.A.No.1/2019 is allowed.

M.F.A.No.9408/2018

6. The present appeal has been filed by the appellant/ owner, seeking to challenge a Judgment and Award dated 19.10.2012, passed by the learned Civil Judge (Senior Division) & JMFC, MACT, Pandavapura, in M.V.C. No.253/2009 [hereinafter referred to as the “Impugned Award”]. By the Impugned Award, the learned Tribunal has awarded a compensation in a sum of Rs.94,800/- along with interest at 6% per annum, fastening the liability on the appellant/owner.

7. Given the pendency of the matter for the last eight years and stay of the execution proceedings granted by this Court on 12.07.2019, this Court deems it apposite to hear and decide the matter today.

8. The brief facts are that, on 14.02.2008, at about 6:00 p.m., when the respondent No.1/claimant was returning from his School on a bicycle near Eregoudanahalli- Narayanapura Road, near Borappa Tem