Mr Venugopal C v. Praveen Kumar

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

MISCELLANEOUS FIRST APPEAL NO. 1600 OF 2019 (MV-I)

BETWEEN:

MR. VENUGOPAL C S/O LATE CHANDRASHEKARAPPA AGED ABOUT 48 YEARS PRESENTLY RESIDING AT NO.2615 FIRST FLOOR, 37TH A CROSS 26TH MAIN, JAYANAGAR 9TH BLOCK, BANGALORE-69. …APPELLANT (BY SRI. RAMESH ANANTHAN, ADVOCATE)

AND:

¶1PRAVEEN KUMAR S/O ANTHONY MATHIAS AGED ABOUT 27 YEARS NO.14, 15TH MAIN ROAD KEB ROAD, ST.THOMAS TOWN POST BENGALURU - 560 084

¶2THE NEW INDIA ASSURANCE CO. LTD., NO.202, BRIGADE PLAZA NORTH WING, 2ND FLOOR SUBEDAR CHATRAM ROAD ANANDARAO CIRCLE BANGALORE-560 009. …RESPONDENTS (BY SRI AVINASH P., ADVOCATE FOR R1; SRI M.P.SRIKANTH, ADVOCATE FOR R2)

Digitally signed by K S RENUKAMBA Location: High Court of Karnataka

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.11.2018 PASSED IN MVC NO.1397/2016 ON THE FILE OF THE II ADDITIONAL JUDGE AND XXVIII ACMM, COURT OF SMALL CAUSES, BENGALURU (SCCH-13), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

I.A. No.1/2019 is filed for production of documents under Order XLI Rule 27 read with Section 151 of the CPC. It is supported by an affidavit of the claimant in which it is stated that he had produced all documents before the Tribunal except few documents which could not have been produced which pertain to his salary performance letter and salary slip before the accident. It is stated that he could not go to the company due to fracture of his leg and had undergone several surgeries. Therefore, these documents are being produced at this stage.

¶2A perusal of the documents that have been filed reflect that one is a letter dated 22.04.2013 appreciating the performance of the claimant reflecting salary revision with effect from 04.01.2013. The second document is also a letter dated 21.04.2014 reflecting the compensation package to the claimant with effect from 01.04.2014. The third page is titled as 'Annexure' which reflects the previous CTC (Cost to Company) Structure. The fourth document is a letter dated

29.06.2015. However, this document is marked as Ex.P18 before the trial Court. Since this document is already proved, it need not be proved again. The last document appears to be pay slips for the month of January and February 2014, appearing on running pages 43 and 44 bearing the stamp of the Company and signature.

¶3An objection to the aforesaid I.A. has been filed by the learned counsel for respondent No.2 in which it is stated that the appellant filing application to produce certain electronic documents before this Court are not acceptable, since the accident occurred in the year 2014 and the application is filed in the year 2019 after a lapse of 4 years, and moreover any documents' legality will be assessed by the trial Court.

Therefore, producing certain documents pertaining to appellant's salary after the judgment cannot be accepted.

¶4We have considered the submissions also made by the learned counsel for the parties. Given the fact that salary slips and certain other documents regarding revision of pay of the claimant are being sought to be filed by means of the aforesaid I.A., given the provisions of clause (b) of sub-rule (1) of Order XLI Rule 27 of the CPC, we deem it fit to accept the documents filed with the I.A. other than the document appearing on running page 41, which, as noted above, is marked as Ex.P18 to the evidence before the Tribunal. I.A.No.1/2019 is accordingly partly allowed. Since I.A.No.1/2019 is partly allowed and the value of the evidence admitted today, needs to be examined, we deem it fit to remand the matter after setting aside the impugned award passed by the Tribunal.

¶5In this view of the matter, the award of the Tribunal dated 17.11.2018 in M.V.C. No.1397/2016 is set aside and the matter is remanded to the concerned Tribunal having jurisdiction in the matter. The parties shall appear before the

Tribunal on 11.08.2026. The office is directed to send the original record along with the aforesaid I.A. No.1/2019, after retaining a copy of the same before this Court, to the Tribunal for adjudication. The matter will be dealt with by the Tribunal from the stage of evidence.

Sd/- (JAYANT BANERJI) JUDGE

Sd/- (TARA VITASTA GANJU) JUDGE

KG List No.: 1 Sl No.: 4