- 1 - HC-KAR NC: 2025:KHC:24824 MFA No. 7713 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 7713 OF 2018 (MV-DM) BETWEEN: SMT ANJUM SULTHANA W/O DEEPU SAMEER @ SAMEER, AGED ABOUT 38 YEARS, R/O NEAR GOOD LUCK CIRCLE, SWAMY VIVEKANANDA BADAVANE, SHIVAMOGGA TOWN-577201 …APPELLANT (BY SRI. PRASAD B S, ADVOCATE) AND: 1. DR M GIRISH BABU S/O MAHADEVASWAMY., AGED ABOUT 40 YEARS, R/O NO.72, "B" BLOCK, NEAR LAGAN KALYANA MANDIRA, SWAMY VIVEKANANDA BADAVANE, SHIVAMOGGA TOWN, SHIVAMOGGA-577201 2. UNITED INDIA INSURANCE CO LTD BY ITS DIVISIONAL MANAGER, NEAR AMEER AHAMED CIRCLE, B H ROAD, SHIVAMOGGA-577201 …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2 R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.06.2018 PASSED IN MVC NO.876/2016 ON THE FILE OF THE 3RD ADDITIONAL DISTRICT JUDGE & ADDITIONAL MACT-3, SHIVAMOGGA, DISMISSING THE CLAIM PETITION FOR COMPENSATION AND ETC. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24824 MFA No. 7713 of 2018 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 present appeal is filed by the claimant challenging the judgment and award dated 18.6.2018 passed in MVC No.876/2016 by the III Additional District Judge and Additional MACT-III, Shivamogga1, whereunder the Tribunal has dismissed the claim petition filed by the claimant. 2. The claim petition in MVC No.876/2016 has been filed claiming compensation for the damages caused to the vehicle in the accident, which occurred on 24.7.2016. It is the case of claimant that the damages have been caused to the motor cycle, which the claimant was riding, due to the rash and negligent riding of the offending motor cycle. The claimant examined herself as PW.1 and marked Exs.P1 to P7. The Tribunal, while considering the claim made by the claimant has noticed that the estimate (Ex. P7) has been produced, which is given by the authorized dealer, but no witness has been examined to prove Ex.P7. It is forthcoming that apart from 1 Hereinafter referred to as ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:24824 MFA No. 7713 of 2018 producing Ex.P7 and examining herself as PW.1, the claimant has not produced any other material in support of the claim made by her. However, having regard to the fact that the damages to the motor cycle being forthcoming from the other material on record including the vehicle mahazar (Ex.P5) and the IMV report (Ex.P6), it is just and proper that the above appeal be partly allowed by directing that the second respondent/insurer pay the appellant/claimant a total sum of `5,000/- inclusive of interest. 3. Hence, the following: ORDER i. The above appeal is partly allowed. ii. The judgment and award 18.6.2018 passed in MVC No.876/2016 by the III Additional District Judge and Additional MACT-III, Shivamogga, dismissing the claim petition is set aside; iii. The claim petition in MVC No.876/2016 is partly allowed by holding that respondent Nos.1 and 2 are jointly and severally liable to pay the claimant a sum of `5,000/-; - 4 - HC-KAR NC: 2025:KHC:24824 MFA No. 7713 of 2018 iv. The second respondent/insurer to deposit the said sum of `5,000/- within 4 weeks from today, failing which, the insurer shall be liable to pay the said sum of `5,000/- together with interest at 7% p.a., from this day up to the date of payment. v. Upon deposit, the entire amount shall be digitally released to the appellant/claimant. vi. Registry to draw the modified award accordingly; No costs. Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 56