- 1 - HC-KAR NC: 2025:KHC:35854 MFA No. 8837 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8837 OF 2017 (MV-DM) BETWEEN: SRI. NANJEGOWDA, S/O. KRISHNAMURTHY, AGED ABOUT 49 YEARS, OCC: AGRICULTURE, R/AT RAMANATHAPURA VILLAGE, KOIRA POST, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 110. …APPELLANT (BY SRI. SURESH M LATUR ., ADVOCATE) AND: 1. SRI. SUDARSHAN. S. A., S/O. SRI. ANJINAPPA, SEKAYANAHALLI VILLAGE, V. NATHAPURA POST, DEVANAHALLI, BENGALURU RURAL DISTRICT-562 110. 2. THE MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., R/O.NO. 28/5, CENTENARY BUILDING, EAST WING, M.G.ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. ASHOK N PATIL., ADVOCATE FOR R2, V/O DATED 01.04.2022 NOTICE TO R1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.08.2017 PASSED IN MVC NO.998/2016 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSE JUDGE, MACT, BANGALORE, (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:35854 MFA No. 8837 of 2017 THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 05.08.2017 passed in MVC No.998/2016 on the file of the XIX Additional Small Cause Judge, MACT, Bangalore, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. Notice to respondent No.1 is dispensed with. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Petitioner filed the claim application before the tribunal claiming compensation of Rs.5,00,000/- for the damages to his motor cycle in an accident occurred on 23.3.2015. Tribunal considering the evidence on record granted Rs.30,000/- with 6% interest p.a. from the date of petition till the payment. - 3 - HC-KAR NC: 2025:KHC:35854 MFA No. 8837 of 2017 4. Aggrieved by the said order, this appeal is preferred wherein it is contended that the compensation granted is meager. He purchased the vehicle in the year 2013 for Rs.1,06,000/-. The said amount might have been granted by the tribunal and it is further stated that he underwent mental agony and there was no conveyance for him later. The Tribunal ought to have granted Rs.50,000/- under the said title. Therefore, requested for enhancement. 5. Learned counsel for respondent contended that the petitioner relied upon the valuation certificate issued by PW2. He estimated the value of the vehicle as Rs.37,000 to 40,000. But in the cross examination, he clearly stated that he has not seen the vehicle, but he assessed the valuation on the basis of similar Make and Model of the vehicle. Petitioner further stated that he sold the burnt vehicle for Rs.10,000/- but not filed any document to that effect. The tribunal observed that no document is produced by the petitioner to show the - 4 - HC-KAR NC: 2025:KHC:35854 MFA No. 8837 of 2017 condition of the vehicle, prior to the accident. Whereas, learned counsel for the appellant contended that the vehicle is purchased in the year 2013 and it met with an accident after 2 years. But the tribunal granted meager amount. No doubt, PW2 assessed the damage even without verifying the vehicle, but he considered the similar Make and Model of the vehicle. Admittedly, it is a new vehicle purchased in the year 2013 and met with an accident after 2 years and it is stated by the petitioner that he sold it only for Rs.10,000/-. This clearly shows that vehicle was badly damaged. Therefore, there is no reason to disbelieve the valuation of PW2 from 37,000 to 40,000. Therefore, this Court finds it reasonable to grant an amount of Rs.40,000/- towards damage of vehicle. Accordingly, this appeal is allowed. The compensation is enhanced from Rs.30,000/- to Rs.40,000/- (Rupees Forty Thousand only) with interest at the rate of 6% p.a., - 5 - HC-KAR NC: 2025:KHC:35854 MFA No. 8837 of 2017 Respondent No.2/Insurance company is directed to deposit the said amount within one month from the date of this order. On such deposit petitioner is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE AKV List No.: 1 Sl No.: 62