MFA No.200399/2020

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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 16^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

MFA NO.200399/2020 (MV)

Between:

Sharanappa @ Siddhu

S/o Siddhu Madagunaki

Age: 28 years, Occ: Earlier Private Service

R/o Earlier residing at Akkalkot Road Solapur

Now residig at Treasury Colony

Torvi Road, Vijayapur-586101.

... Appellant

(By Sri Basavaraj R. Math, Advocate)

And:

1.

Sri. Mallikarjun S/o Egu Rathod

Aged about 50 years, Occ: Business

R/o Ingalagi, Tq. Indi

Dist: Vijayapura-586209.

2.

The Manager Legal

Bajaj Allianz Insurance Company Ltd.

GE Plaza, Airport Road, Yerwada Pune

Pune-411006, Maharashtra.

... Respondents

(By Sri C.S. Kalburgi, Advocate for R2;

R1 is dispensed with v/o dated 05.01.2021)

MFA No.200399/2020

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This Miscellaneous First Appeal is filed under Section

173 (1) of Motor Vehicles Act praying to call for the

records and set aside the impugned judgment and award

dated 13.09.2019 passed by the III Additional Senior Civil

Judge and MACT-XII, Vijaypur in MVC No.1874/2014 and

allow the claim petition.

This appeal coming on for orders, this day, the Court

delivered the following:-

JUDGMENT

1.

The claimant/appellant is before this Court

aggrieved by the dismissal of the claim petition

by the III Additional Senior Civil Judge and

MACT-XII, Vijaypur in MVC No.1874/2014 vide

order dated 13.09.2019.

2.

The Tribunal upon trial coming to a conclusion

that the details of IMV report of the offending

vehicle had not been produced to establish the

involvement of the offending vehicle in the

accident. I.A.No.2/2020 has been filed by the

appellant producing the IMV report as also

certain other documents.

MFA No.200399/2020

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3.

Sri.Basavaraj Math, learned counsel for the

appellant would submit that the said documents

could be considered by this Court to render

justice on the claim petition filed by the

claimant.

4.

A perusal of the documents indicates that the

same

are

relevant

for

the

purpose

of

consideration of the claim petition. However,

this Court cannot look into those documents

when they are not marked and without affording

opportunity to the Insurance Company to test

the veracity of the said documents by the

Insurance Company.

5.

In view thereof, the judgment and award dated

13.09.2019 passed by III Additional Senior Civil

Judge

and

MACT-XII,

Vijaypur

in

MVC

No.1874/2014 is set aside. The matter is

MFA No.200399/2020

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remanded to the aforesaid Tribunal with liberty

to the appellant to produce the documents

produced

before

this

Court

along

with

I.A.No.1/2020 by leading further evidence and

proceed therefrom. Both the parties shall

appear before the Tribunal on 06.04.2021

without further notice.

6.

The

original

documents

which

have

been

produced

before

this

Court

along

with

I.A.No.2/2020 is directed to be returned to the

appellant subject to replacing of the same with

photocopies.

7.

In view of disposal of the above appeal,

I.A.Nos.1 and 2 of 2020 do not survive for

consideration and are dismissed.

Sd/-

JUDGE

Prs*