- 1 - HC-KAR NC: 2025:KHC:25013 MFA No. 8494 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 8494 OF 2019 (MV-DM) BETWEEN: K MURALI S/O KRISHNAPPA AGED ABOUT 31 YEARS, R/O NO.2/559, SARJAPURA ROAD, ABDUL KALAM NAGAR, BERIGAI, HOSUR TALUK, TAMILNADU. …APPELLANT (BY SRI. KAILAS SHANKAR P S, ADVOCATE) AND: THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORTATION CORPORATION, K.H.ROAD, SHANTHINAGAR, BENGALURU-560027. …RESPONDENT (BY SRI. F.S. DABALI, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20/03/2019, PASSED IN MVC NO.999/2018, ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-14), PARTLY ALLOWING THE 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 Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25013 MFA No. 8494 of 2019 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 20.03.2019 passed in MVC No.999/2018 by the Motor Vehicles Accident Claims Tribunal, Bengaluru City (SCCH-14)2 seeking for enhancement of compensation. 2. The Tribunal by its judgment and award dated 20.03.2019 partly allowed the claim petition and awarded a total compensation of `1,00,000/- together with interest 7% per annum. Being aggrieved, the claimant has filed the above appeal seeking for enhancement of compensation. 3. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal. 4. Heard the submissions of learned counsel Kailas Shankar appearing for the appellant and learned counsel Sri F.S.Dabali, appearing respondent. Perused the records including the records of the Tribunal. 1 Hereinafter referred as to ‘Act’ 2 Hereinafter referred to as the ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:25013 MFA No. 8494 of 2019 5. The claimant filed the claim petition claiming compensation for the damages caused to his vehicle in the road traffic accident that occurred on 20.12.2017. The claimant had claimed a total sum of `5 lakhs towards vehicle damages. However, the claimant had produced the estimation (Ex.P15) which discloses that the total estimation issued by the automobile workshop is a sum of `2,60,170/-. The claimant examined PW.2 who has deposed that he has repaired the vehicle of the claimant and has received a total sum of `2,60,170/- in various installments from the claimant. 6. The Tribunal has noticed that the claimant has not produced any document to demonstrate that he has made payment of `2,60,170/- nor has the claimant produced any document to demonstrate that PW.2 had received the said amount. Having regard to the fact that the claimant has not produced any document to demonstrate the payment nor produced any receipts for having paid the amounts as mentioned in Ex.P15, the Tribunal was justified in not accepting Ex.P15 and awarding damages according to the same. - 4 - HC-KAR NC: 2025:KHC:25013 MFA No. 8494 of 2019 7. However, it is relevant to note that the vehicle of the claimant has sustained damages as is forthcoming from the photographs (Ex.P16). Although PW.2 has issued a receipt (Ex.P17) wherein he has acknowledges the receipt of a sum of `2,60,170/-, the details of the dates and the amounts on which the said payment was made is not forthcoming. 8. In view of the aforementioned, the present appeal is partly allowed by holding that the respondent shall pay a further sum of `10,000/- which is inclusive of interest in addition to the amount awarded by the Tribunal. The said amount of `10,000/- shall be paid within four weeks from today. In the event, the same is not paid within four weeks from today the respondent shall be liable to pay the said sum of `10,000/- together with interest at 7% per annum from this day till the date of payment. Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 21