- 1 - HC-KAR NC: 2025:KHC:23923 MFA No. 4170 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 4170 OF 2018 (MV-I) BETWEEN: SRI. SANDESH D’ SOUZA AGED ABOUT 30 YEARS S/O STANY D’SOUZA, R/O HOSAGADDE, NITHYADAR NAGAR, BABBUKATTE, PERMANNUR POST, MANGALORE, D.K.575017. …APPELLANT (BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE) AND: 1. MR RAMSHEED ALI P V AGED ABOUT 29 YEARS S/O ABDUL RASHEED P.V. R/AT D.NO.67/13/09, AUNNIKKAD HOUSE, FAROKE, PERUMUGHAM, CALICUT, KERALA STATE. 2. THE ORIENTAL INSURANCE CO., LTD., JASEELA COMPLEX, BYPASS JUNCTION, NILAMBUR ROAD, MUJERI, KERALA STATE. …RESPONDENTS (BY SRI. S SRISHAILA, ADVOCATE FOR R2(VK NOT FILED) NOTICE TO R1 IS DIPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.09.2017 PASSED IN MVC NO.87/2016 ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE & CJM, MACT, MANGALURU, D.K., PARTLY ALLOWING THE Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23923 MFA No. 4170 of 2018 CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The above appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 19881 challenging the judgment and award dated 07.09.2017 passed in MVC No.87/2016 by the II Additional Senior Civil Judge & CJM, Mangaluru, D.K.2 seeking for enhancement of compensation. 2. The appellant-claimant instituted claim proceedings claiming compensation for the damages caused to his vehicle i.e., car bearing No. No.KA-19 MF 1090. The Tribunal by its judgment and award dated 07.09.2017 partly allowed the claim petition and awarded a total compensation of `4,020/- together with interest @ 6% per annum. Being aggrieved, the claimant has filed the above appeal seeking for enhancement of compensation. 1 Hereinafter referred as to ‘Act’ 2 Hereinafter referred to as the ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:23923 MFA No. 4170 of 2018 3. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal. 4. It is the contention of the learned counsel for the appellant-claimant that on 01.10.2015 when the car bearing No.KA-19 MF 1090 belonging to the claimant came near Kengal Temple, Kengal Hanumanthappa Village, Ramanagar, a car bearing No.KL-11 AIR 6492 came from behind in a rash and negligent manner and hit the car belonging to the claimant causing the accident in question. 5. The owner and insurer of the offending car were arrayed as respondent Nos.1 and 2. Respondent No.2 - insurer contested the claim proceedings. The claimant examined himself as PW.1 and the GPA holder of the claimant was examined as PW.2. The Insurance policy is marked with consent as Ex.R1. The Tribunal has partly allowed the claim petition as noticed hereinabove. 6. Heard the submissions of learned counsel Sri Pundikai Ishwara Bhat for appellant/claimant and learned counsel Sri S.Srishaila, for respondent No.2/insurer. Perused the records of the Tribunal. - 4 - HC-KAR NC: 2025:KHC:23923 MFA No. 4170 of 2018 7. It is forthcoming that the claimant has produced the copies of the bills/receipts as Exs.P17 and 18. Since the same were copies, the Tribunal has not awarded any compensation in accordance with the said documents. The claimant also produced a copy of the surveyor bill/receipt (Ex.P14). Since the said bill was an original bill, the said amount has been awarded by the Tribunal. 8. It is clear from the aforementioned that since no original documents have been produced by the claimant with regard to the expenses incurred for repair of the damages caused to the car of the claimant in the accident in question, the Tribunal has not awarded the damages as claimed. Ex.P4 (Survey report) estimated the damages in a total sum of `1,20,000/-. Although it is sought to be contended on behalf of the respondent- insurer that Ex.P17 and 18 are the duplicate copies of the bills, no explanation is forthcoming as to why the originals have not been produced. 9. In view of the aforementioned, the Tribunal was justified in awarding only a sum of `4,020/- towards the damages cost. However, it is relevant to note here that the accident itself is - 5 - HC-KAR NC: 2025:KHC:23923 MFA No. 4170 of 2018 not in dispute and the liability of the insurer is admitted. Hence, in the interest of justice so as to give a quietus to the pending litigation, the above appeal is partly allowed by directing the respondent No.2-insurer to pay a further sum of `5,000/- inclusive of interest, which sum shall be paid within six weeks from today. 10. In view of the aforementioned, the following: ORDER i) The above appeal is partly allowed; ii) The judgment and award dated 07.09.2017 passed in MVC No.87/2016 by the II Additional Senior Civil Judge & CJM, Mangaluru, D.K. is modified to the extent ordered hereinabove; iii) The appellant/claimant is entitled to an enhanced compensation of `5,000/-, which is inclusive of interest, in addition to the compensation already awarded by the Tribunal; iv) Upon deposit, the entire amount be released in favour of the claimant. - 6 - HC-KAR NC: 2025:KHC:23923 MFA No. 4170 of 2018 v) Records be returned to the Tribunal forthwith; vi) Registry to draw modified award. Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 75