- 1 - NC: 2025:KHC-D:3931 MFA No. 24061 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.24061 OF 2012 (MV) BETWEEN: 1. B.A. MAHESHAWARADDI, AGE: 45 YEARS, OCC: AGRICULTURE, 2. B.A. GOVINDAPPARADDI, AGE: 42 YEARS, OCC: AGRICULTURE, BOTH ARE R/O: BIJOATTI, TQ: HONNALLI, NOW AT DEVAGIRI, TQ: AND DIST: HAVERI-581110. …APPELLANTS (BY SRI B.M. PATIL, ADVOCATE) AND: 1. B. SAYED ALTHAMSH S/O. B. SYED MEHABOOBSAB, AGE: MAJOR, OCC: BUSINESS, R/O: BAZAR MOHALLA, NADUVAL PETE, HARIHAR, DIST: DAVANAGERE. (OWNER OF LORRY KA-17/7869) 2. THE DIVISIONAL MANAGER, NEW INDIA INSURANCE CO. LTD., SHAMANUR SHIVSHANKARAPPA ROAD, DAVANAGERE. …RESPONDENTS (BY SRI S.V. YAJI, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 23-06-2012 PASSED IN MVC NO.150/2011 ON THE FILE OF THE Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3931 MFA No. 24061 of 2012 SENIOR CIVIL JUDGE AND MEMBER, ADDL. M.A.C.T., HAVERI AND ETC., THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimants/appellants challenging the judgment and award dated 23.06.2012 passed in MVC No.150/2011 by the Senior Civil Judge and Member AMACT, Haveri (hereinafter referred to as ‘the Tribunal’ for short), seeking enhancement of compensation on account of the damage caused to the tractor unit bearing Reg.No.KA-14/TR-392 and chassi No.RDH-1625 as it was dashed by the lorry bearing Reg.No.KA-17/7869. 2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. 3. Heard the arguments from both sides and perused the material placed on records. - 3 - NC: 2025:KHC-D:3931 MFA No. 24061 of 2012 4. Upon considering the evidence on record, the Tribunal has awarded compensation of Rs.58,898/- along with interest at the rate of 6% p.a. from the date of petition till its realization. The Tribunal has observed and held that from the Exs.P-8 to P-17 documents, which are quotations, bills and receipts, proved the fact that the claimant had spent a sum of Rs.1,06,898/- towards repair of tractor, but the Tribunal has disbelieved Exs.P-17 which is a receipt produced by the garage owner of the tractor being repaired with a cost of Rs.48,000/-, but the Tribunal has deducted this amount of Rs.48,000/- by holding that there is no evidence that the claimant has not repaired the tractor in the garage as shown in Ex.P-17/receipt. 5. The Tribunal has committed an error in this regard. Exs.P-1 to P-17 prove the fact that the claimant had spent an amount of Rs.1,06,898/- and Ex.P-17 is the receipt for having spent sum of Rs.48,000/- towards repair of the tractor in the garage. PW-2 is the mechanic in the said garage, who has deposed that the claimants’ tractor was repaired there. Therefore, the claimants proved the fact that - 4 - NC: 2025:KHC-D:3931 MFA No. 24061 of 2012 they have purchased spare parts and got repaired the tractor in the garage as shown in the Ex.P-17. Therefore, the Tribunal has committed an error in deducting sum of Rs.48,000/- towards repair cost. 6. Therefore, the claimants are entitled for total compensation of Rs.1,06,898/- as against Rs.58,898/- awarded by the Tribunal along with interest at the rate of 6% p.a. from the date of petition till its realization. 7. In the result, I proceed to pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 23.06.2012 passed in MVC No.150/2011 by the Senior Civil Judge and Member AMACT, Haveri, is hereby modified. iii. The claimants/appellants are entitled total compensation of Rs.1,06,898/- as against of Rs.58,898/- awarded by the Tribunal along - 5 - NC: 2025:KHC-D:3931 MFA No. 24061 of 2012 with interest at the rate of 6% p.a. from the date of petition till its realization. iv. No order as to costs. v. Draw award accordingly. vi. Send back the Trial Court Records along with certified copy of this judgment to the Tribunal. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 39