- 1 - NC: 2025:KHC:6598 MFA No. 1997 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.1997 OF 2017(MV-D) BETWEEN: SMT. JAYA P., W/O K.PILLAIYAR, AGED 41 YEARS, PROPRIETOR OF ARAVIND CONSTRUCTION, NO.240, HEBBAGODI VILLAGE, BOMMASANDRA INDUSTRIAL AREA, ANEKAL TALUK, BENGALURU-560 099. …APPELLANT (BY SRI. R. NAGABHUSHANA, ADVOCATE FOR SRI. N. UDAYA KUMAR, ADVOCATE) AND: 1. RELIANCE GENERAL INSURANCE, 570, NAIGAUM CROSS ROAD, NEXT ROYAL INDUSTRIAL ESTATE, WADALA (W), MUMBAI-400 031. 2. SRI. LOKESH. R S/O LATE RAMAIAH, AGED 49 YEARS, R/O NO.107, NANDAGOKULA, 2ND MAIN, CHIKKA ADUGODI, BENGALURU-560 029. …RESPONDENTS (BY SRI. D. VIJAYA KUMAR, ADVOCATE FOR R1; NOTICE TO R2 IS D/W, V/O/D 01.03.2023) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6598 MFA No. 1997 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.11.2017 PASSED IN MVC NO.5022/15 ON THE FILE OF THE 19TH ADDITIONAL SMALL CAUSE JUDGE & MACT, BENGALURU, 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 DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri.R.Nagabhushana, learned counsel for the appellant who appears physically before this Court. Also heard Sri.D.Vijayakumar, learned counsel for respondent No.1 who appears through Video Conference. 2. Being dissatisfied with the amount which is awarded as compensation, towards damages to the vehicle bearing registration No.KA-51/Z-8119, the present appeal is filed by the claimant challenging the order that is rendered by the Motor Accident Claims Tribunal, Bengaluru in M.V.C.No.5022/2015, dated 21.01.2017. - 3 - NC: 2025:KHC:6598 MFA No. 1997 of 2017 3. The crux of the case as projected by the appellant before the Tribunal is that on 23.12.2024, at about 1.55 p.m., while the Bolero Jeep bearing registration No.KA-51/Z-8119 was stopped at the signal point at Garebhavi Palya Junction, a lorry bearing No.KA-05/AB- 412, which was driven by its driver in a rash and negligent manner, came and hit the rear portion of the jeep, due to which the jeep got completely damaged. 4. Learned counsel for the appellant submits that the appellant incurred huge sum of Rs.4,00,000/- for getting the bolero jeep repaired. Though sufficient material was produced before the Tribunal justifying the amount claimed, the Tribunal granted a meager sum of Rs.15,000/- as compensation. Learned counsel thereby seeks to award the amount claimed, by allowing the appeal. 5. Per contra, the submission that is made by learned counsel for respondent No.1 is that the appellant - 4 - NC: 2025:KHC:6598 MFA No. 1997 of 2017 did not choose to file any proof whatsoever to show that she incurred the said sum of Rs.4,00,000/-, for getting the vehicle repaired. Learned counsel also states that there is no much damage caused to the vehicle. He further states that indeed the accident occurred as the Bolero Jeep in question hit a two-wheeler which was proceeding ahead of it. Learned counsel also states that without sufficient proof, the Court is not expected to grant huge sum as compensation and the same is done by the Tribunal and therefore the order of the Tribunal is valid in all aspects. 6. As rightly contended, there is no material on record to show that the Bolero jeep suffered damages to an extent of Rs.4,00,000/- as contended. The appellant failed to examine any persons or atleast one of the persons who attended the alleged repair work. Likewise, no authentic documentary evidence is produced to show that the appellant indeed expended a sum of Rs.4,00,000/- for repairs. However, as per IMV report, which is marked as Exhibit-P9, the Bolero Jeep in question - 5 - NC: 2025:KHC:6598 MFA No. 1997 of 2017 was damaged. In the absence of any proof with regard to the extent of amount that was incurred by the appellant for repairs and considering the fact that the amount awarded as compensation i.e., Rs.15,000/- is grossly low, this Court considers desirable to enhance the same by another Rs.15,000/-. Thus, the appeal is disposed of with the following: ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Motor Accident Claims Tribunal, Bangalore through orders in M.V.C.No.5022/2015, dated 21.01.2017 is enhanced by Rs.15,000/- (Rupees Fifteen Thousand Only). iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. iv. Respondent No.1 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of copy of this order. - 6 - NC: 2025:KHC:6598 MFA No. 1997 of 2017 On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE JJ List No.: 1 Sl No.: 37