- 1 - NC: 2025:KHC-D:5624 MFA No. 103535 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MFA NO. 103535 OF 2015 (MV) BETWEEN: SRI. NAGANAGOUDA S/O. FAKKIRAGOUDA PATIL, AGE 38 YEARS, OCC: AGRICULTURE, R/O. BUDAPANAHALLI, TQ: BYADAGI, DIST: HAVERI. … APPELLANT (BY SRI. ANKIT DESAI, ADV. FOR SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) AND: 1. SRI. VIJAY S/O. PANDURANG BHAIBALKAR, AGE MAJOR, OCC: BUSINESS, R/O. MOHI, TALUK: KHED, DIST: PUNE, STATE: MAHARASHTRA. 2. THE LEGAL CLAIMING MANAGER, CHOLAMANDALAM, M.S.GENERAL INSURANCE COMPANY LIMITED, 1ST FLOOR, KALABURGI COMPLEX, DESHPANDE NAGAR, HUBBALLI. 3. MANAGER, CHOLAMANDALAM, M.S.GENERAL INSURANCE COMPANY LIMITED, REGD./HEAD OFFICE: DARE HOUSE, 2ND FLOOR, NSC BOSE ROAD, CHENNAI-600001, INDIA … RESPONDENTS (BY SRI. SUBHASH J. BADDI, ADV. FOR R2 & R3; NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED 08.07.2014 IN M.V.C NO.555/2011 PASSED BY THE SENIOR CIVIL JUDGE AND I.T COURT AND AMACT, BYADAGI BY ENHANCING THE COMPENSATION REASONABLY AND ADEQUATELY, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5624 MFA No. 103535 of 2015 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. This appeal is filed by the claimant challenging the judgment and award dated 08.07.2014 passed in MVC No.555/2011 by the Senior Civil Judge & I.T Court & AMACT, Byadagi (for short “the Tribunal”) seeking an enhancement of compensation. 2. It is the case of the claimant that, the claimant is the owner of tractor bearing registration No.KA-27/T-390. On 02.06.2011 at about 3:50 p.m. the driver of the tractor parked the same on P.B. Road near Chetra Village Petrol Pump, opposite to Police outpost. At that time, a lorry bearing registration No.MH-14/BJ-3070 belonging to respondent No.1 driven by its driver in a rash and negligent manner collided against the tractor, resulting in severe damages to the tractor. It is further case of the claimant that, he was using the said tractor for agricultural - 3 - NC: 2025:KHC-D:5624 MFA No. 103535 of 2015 operations. Due to the damage caused, he is unable to use the tractor. He claims to have spent more than Rs.5,50,000/- on repairs.. Accordingly, he prays for an award of compensation. 3. Respondent Nos.2 and 3 filed a written statement denying the contention of the claimant. It is stated that the liability is subject to the terms and conditions of the policy of insurance and holding of valid and effective driving licence by the driver of the lorry. No documents are produced to prove the cost of report as Rs.5,50,000/-. Hence, prayed to dismiss the petition. 4. Based on the rival contentions of the parties, the Tribunal framed the necessary issues. 5. To prove his case, the claimant examined two witnesses as PW1 and PW2 and got marked 11 documents as Exs.P1 to P11. 6. After hearing both parties and on appreciating the pleadings and evidence, the Tribunal by the impugned - 4 - NC: 2025:KHC-D:5624 MFA No. 103535 of 2015 judgment and award, awarded compensation of Rs.60,000/- with interest at the rate of 6% p.a. 7. Being aggrieved by the said judgment and award, the claimant preferred this appeal on the grounds mentioned in the appeal memo. 8. Heard the arguments of the learned counsel appearing for both sides. 9. Learned counsel for the appellant submits that due to the accident, the tractor was completely damaged. The claimant has submitted a survey report, which indicates that the repair cost of the tractor is Rs.95,000/- However, the Tribunal awarded a lesser amount of compensation. Hence, he prays for an enhancement of the amount of compensation. 10. Learned counsel for respondent Nos.2 and 3 submits that the claimant has not produced the receipts for the actual repair of the tractor. The documents placed on record are insufficient to establish that he incurred - 5 - NC: 2025:KHC-D:5624 MFA No. 103535 of 2015 expenses more than Rs.95,000/- for repairs. The Tribunal has duly considered the pleadings and evidence on record and rightly awarded Rs.60,000/- with interest at the rate of 6% p.a., which does not call for any interference by this Court. 11. According to the claimant, as per the survey report, the total amount required for repairing the tractor was Rs.95,000/-. The claimant could not produce the actual receipts of repairs. The M.V. report also indicates that the tractor was fully damaged. Hence, amount awarded by the Tribunal is inadequate. 12. It is not in dispute that the tractor was damaged due to the accident caused by the offending lorry. The particulars of the vehicle indicate that it is an LMV vehicle, specifically an HMT Tractor. Considering the contention of the parties and the materials placed on record, it is deemed just and appropriate to award an additional global compensation of Rs.10,000/- in addition to the - 6 - NC: 2025:KHC-D:5624 MFA No. 103535 of 2015 compensation awarded by the Tribunal. Accordingly, this Court pass the following: ORDER (i) The appeal is allowed in part. (ii) The impugned judgment and award dated 08.07.2014 passed in MVC No.555/2011 by the Senior Civil Judge & I.T Court & AMACT, Byadagi is modified. (iii) The claimant is entitled to additional global compensation of Rs.10,000/- in addition to the compensation awarded by the Tribunal. (iv) Respondent Nos.2 and 3 shall deposit the amount of compensation within a period of six weeks from the date of receipt of a certified copy of this judgment. (v) The order of deposit and release of the compensation is as ordered by the Tribunal. - 7 - NC: 2025:KHC-D:5624 MFA No. 103535 of 2015 (vi) The Registry to send a copy of this judgment to the Tribunal forthwith. (vii) Draw award accordingly. Sd/- (UMESH M ADIGA) JUDGE VNP /CT-AN List No.: 1 Sl No.: 41