- 1 - HC-KAR NC: 2025:KHC:27071 MFA No. 3615 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 3615 OF 2017 (MV-DM) BETWEEN: LUCKMAN SHARIFF AGED ABOUT 49 YEARS, S/O S A WAHAB R/AT NO.201, 5TH CROSS, C-LAYOUT BANNIMANTAP MYSURU-570 015 …APPELLANT (BY SRI. SHIVANANDA R, ADVOCATE FOR SRI. P NATARAJU, ADVOCATE) AND: 1. MOHIN PATHAN @ MOMIN PATHAN AGED ABOUT 28 YEARS, S/O NASIR PATHAN R/AT A P KUMBHARAWADA BEED TALUK AND DISTRICT-431 122 MAHARASHTRA STATE 2. REGIONAL MANAGER ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD NO.133, 3RD FLOOR SHIKA TOWERS, RAMAVILAS ROAD MYSURU-570 002 …RESPONDENTS (BY SRI. RAVI S SAMPRATHI, ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O DTD 5.6.2025) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.01.2017 PASSED IN MVC Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27071 MFA No. 3615 of 2017 NO.828/2014 ON THE FILE OF THE JUDGE, PRINCIPAL COURT OF SMALL CAUSES, M.A.C.T., MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, 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 under Section 173(1) of the Motor Vehicles Act, 19881 challenging the judgment and award dated 17.1.2017 passed in MVC No.828/2014 by the Judge, Principal Court of Small Causes, MACT, Mysuru2, wherein the Tribunal has awarded a total compensation of `1,10,000/- with interest at 6% pa. Being aggrieved, the present appeal is filed seeking for enhancement of the compensation. 2. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the present appeal is with regard to the adequacy of the quantum of compensation awarded. 1 Hereinafter referred to as ‘Act of 1988’ 2 Hereinafter referred to as ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:27071 MFA No. 3615 of 2017 3. Heard the submissions of learned counsel Sri Shivananda R, appearing for learned counsel Sri P.Nataraju, for the appellant/claimant and learned counsel Sri Ravi S.Samprathi, for respondent No.2-insurer. 4. It is forthcoming that the present claim petition has been filed by the claimant seeking to recover the damages caused to his car bearing No.KA-09-MA-9752 in the accident which occurred on 2.5.2014. The owner and insurer of the offending lorry have been arrayed as respondent Nos.1 and 2 respectively. The claimant has claimed a sum of `11,80,000/- towards damages caused to the vehicle and compensation on various other heads. The Tribunal, considering the same has awarded a sum of `75,000/- towards difference amount of the amount incurred by the claimant vis-à-vis the amount that was reimbursed by the insurer of the claimant’s vehicle. Further, the Tribunal has awarded a total sum of `35,000/- on various other heads i.e., transportation charges, loss of use of vehicle and mental agony. 5. The primary contention urged by the learned counsel for the appellant/claimant in the present appeal is that - 4 - HC-KAR NC: 2025:KHC:27071 MFA No. 3615 of 2017 the difference amount of `75,000/- awarded towards the cost of repair of the vehicle is on the lower side. 6. It is forthcoming that the invoice (Ex.P7) issued by the authorized dealer of the vehicle of the claimant towards the repair of the vehicle is for a total sum of `4,55,632/-. The amount reimbursed by the insurer of the claimant is a sum of `3,33,192/- as is forthcoming from the approval (Ex.P16). Hence, the balance amount that the claimant has incurred towards the cost of repair is (`4,55,632/- - `3,33,192/-) `1,22,440/-. The Tribunal has awarded a sum of `75,000/-. Hence, the balance sum payable to the claimant is a sum of (`1,22,440/- - `75,000/-) `47,440/-. 7. The compensation of `35,000/- awarded on other heads is not challenged. 8. Hence, the following: ORDER i. The above appeal is allowed in part; ii. The judgment and award dated 17.1.2017 passed in MVC No.828/2014 by the Judge, Principal Court of Small Causes, MACT, Mysuru, is modified holding that the claimant shall be entitled to a - 5 - HC-KAR NC: 2025:KHC:27071 MFA No. 3615 of 2017 further compensation of `47,440/- together with interest at 6% p.a., from the date of petition till date of payment; iii. In all other respects, the judgment and award of the Tribunal remains unaltered; iv. The insurer-respondent No.2 shall deposit the said compensation together with accrued interest within a period of six weeks; v. Upon such deposit, the entire amount be released digitally to the claimant. vi. Registry to draw the modified award accordingly; vii. Records of the Tribunal be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 30