- 1 - NC: 2025:KHC-K:2025 MFA No. 201508 of 2021 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. JOSHI MISCL. FIRST APPEAL NO.201508/2021 (MV-DM) BETWEEN: TUKARAM S/O LACHCHAPPA CHAVAN, AGE: 27 YEARS, OCC: DRIVER, R/O KAKHANDAKI, TALUK & DISTRICT VIJAYAPURA. …APPELLANT (BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE) AND: 1. HANAMANT S/O SHARANAPPA GOURAVAGOL, AGE: 42 YEARS, OCC: BUSINESS, R/O KAKHANDAKI, TALUK & DISTRICT VIJAYAPURA-586 101. 2. THE MANAGER LEGAL/CLAIM TATA AIG GENERAL INSURANCE COMPANY LIMITED, PENISULA CORPORATE PARK, NICHOLAS PIRAMAL TOWER, 9TH FLOOR, GANAPATRAO KADAM MARG, LOWER PAREL, MUMBAI-400 013. …RESPONDENTS (BY SRI SUBHASH MALLAPUR, ADV., FOR R2; R1-V/O DTD.08.02.2022, NOTICE DISPENSED WITH) Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2025 MFA No. 201508 of 2021 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHILCES ACT, PRAYING TO ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION BY MODIFYING THE JUDGMENT AND AWARD DATED 25.02.2021 PASSED BY THE COURT OF III ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT - XII, AT VIJAYAPURA, IN MVC NO.1241/2019. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C.M. JOSHI) 1. Heard learned counsel for the appellant- petitioner and learned counsel for respondent No.2 – Insurance Company. 2. Though this matter is slated for admission, with the consent of both the parties, it is taken up for final disposal. 3. This appeal is by the petitioner against the judgment and award dated 25.02.2021 passed in MVC No.1241/2019 on the file of the III Additional Senior Civil - 3 - NC: 2025:KHC-K:2025 MFA No. 201508 of 2021 Judge and MACT-XII at Vijayapura (for short ‘the Tribunal’). 4. The short point that arise for consideration in this appeal is, even though the petition was claim for repair of the damaged vehicle to the tune about Rs.30,000/- whether the Tribunal is justified in awarding only Rs.15,000/- as compensation? 5. Brief facts of the case is that the petitioner claimed compensation of Rs.45,000/- before the Tribunal on account of the damages sustained to his motorcycle. In support of his contention, he has produced bills worth Rs.29,235/- as per Ex.P14. The Tribunal awarded a sum of Rs.15,000/- on the ground that the petitioner had not examined the author of the Ex.P14. 6. A careful perusal of the report of the Motor Vehicle Inspector, produced at Ex.P10, lists about 8 damages to the vehicle as below: (1) Headlight assembly damaged (2) Speedometer assembly damaged - 4 - NC: 2025:KHC-K:2025 MFA No. 201508 of 2021 (3) Front both side indicators broken (4) Handle bar twisted and damaged (5) Crash guard damaged (6) Front both side shock absorbers damaged (7) Brake pedal twisted and damaged (8) Rear left side indicator broken 7. The records also reveal that the petitioner had produced the photographs of damaged vehicle at Ex.P12. Looking to the Exs.P10 and P12 and the bills produced at Ex.P14, this Court is of the view that the repair charges of Rs.29,235/- is not exorbitant or untrustworthy. Obviously the Tribunal without looking into nature of the damages suffered to the vehicle, on technical grounds held that Ex.P14 has not been proved and reduced the compensation. 8. Therefore, the appeal deserves to be allowed by enhancing the compensation amount to Rs.30,000/- towards expenses incurred/repair of the vehicle and Rs.5,000/- towards incidental charges. Hence, there shall be an enhancement of Rs.20,000/- in addition to what has been awarded by the Tribunal. Hence, pass the following: - 5 - NC: 2025:KHC-K:2025 MFA No. 201508 of 2021 ORDER (i) The appeal is allowed in-part. (ii) The impugned judgment and award passed by the Tribunal is hereby modified. (iii) The appellant is entitled for a sum of Rs.20,000/- with interest at the rate of 6% per annum from the date of petition till realization in addition to what has been awarded by the Tribunal. (iv) The respondent No.2 – Insurance Company is directed to deposit the enhanced compensation along with interest within a period of 06 weeks from the date of receipt of a copy of this judgment. (v) Rest of the order passed by the Tribunal remain unaltered. Sd/- (C M JOSHI) JUDGE SBS,SDU LIST NO.: 1 SL NO.: 44 CT: AK