- 1 - HC-KAR NC: 2025:KHC:36126 MFA No. 6879 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6879 OF 2019 (MV-DM) BETWEEN: SRI. SATHYANARAYANAN K., S/O. SRI. KRISHNAMURTHY, AGED ABOUT 43 YEARS, RESIDING AT FLAT NO.402, 'AKSHAYA NILAYA APARTMENTS', YADAVA FARAM, J.P.NAGAR 7TH STAGE, BANGALORE-560078. …APPELLANT (BY SRI. PRASHANTH U. T., ADVOCATE) AND: 1. SRI. SHANKARAPPA S/O.SRI. SHANKARAPPA, MAJOR, RESIDING AT NO.47, 16TH CROSS, S.R.NAGAR, BANGALORE-560027,. ALSO AT:- M/S SARVODAYA TRAVELS, NO.14, 1ST CROSS, A.V.ROAD, KALASIPALYAM, BANGALORE-560002. 2. UNITED INDIA INSURANCE COMPANY LIMITED, REP. BY ITS MANAGER, HAVING ITS BRANCH OFFICE AT NO.171, SC ROAD, NETKALAPPA CIRCLE, BASAVANAGUDI, BANGALORE-560004. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36126 MFA No. 6879 of 2019 3. SRI SAMIULLA KHAN S/O.SRI. KASSIM KHAN, AGED ABOUT 41 YEARS, RESIDING AT YARAB NAGAR, 2ND CROSS, BANASHANKARI 2ND STAGE, BANGALORE-560070. …RESPONDENTS (BY SRI. Y.K. SHESHAGIRI RAO, ADV. FOR R2, V/O DATED: 17.06.2025 NOTICE TO R3 H/S, V/O DATED: 17.06.2025 APPEAL AGAINST R1 DISMISSED AS ABATED.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 07.12.2018 PASSED IN MVC NO.4101/2017 ON THE FILE OF THE II ADDITIONAL JUDGE & XXVIII ACMM, COURT OF SMALL CAUSES, BENGALURU (SCCH- 13), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is preferred against the award dated 07.12.2018 passed in MVC No.4101/2017 by the Court of Additional Small Causes Judge and the Motor Accident Claims Tribunal, Bengaluru (SCCH-13) [for short 'Tribunal']. - 3 - HC-KAR NC: 2025:KHC:36126 MFA No. 6879 of 2019 2. For the sake of convenience, the parties shall be referred to as per their rank and status before the Tribunal. 3. The petitioner has filed the claim petition claiming damages caused to his vehicle to an extent of Rs.2,00,000/-. 4. The Tribunal considering the evidence on record granted compensation of Rs.65,202/- along with interest at 6% p.a. from the date of petition till the date of deposit of the amount in the Tribunal. Aggrieved by the said order, this instant appeal is preferred in which it is contended that petitioner sought for direction to respondent to pay a sum of Rs.1,31,788/- towards causing mental agony, inconvenience, hardship, loss of income, expenditure incurred towards transportation and depreciation in the value of the vehicle. Further, it is contended that respondent No.3 who was driving the bus bearing registration No.KA-05-AB-2385 belonging to respondent No.1 drove the same in rash and negligent - 4 - HC-KAR NC: 2025:KHC:36126 MFA No. 6879 of 2019 manner has caused the accident by hitting the car belonging to petitioner bearing registration No. KA-01-MH- 6674 from the back side to front of the right side. It is also contended that respondent No.3 in the zest of jumping the traffic signal, due to which the doors of the car got jammed and got fastened to the bus. As a result, the petitioner was unable to come out of his car. However, he was rescued with the help of traffic police. He also examined PW.1 and marked 15 documents as Exs.P1 to P15 to prove the occurrence of accident and also damages caused to his car on account of accident. Further, he examined the Manager of Trident Hyundai as PW.2 to prove the invoices and bills produced under Ex.P7. 5. Further, the Trial Court has erred in passing the award under the heads mental agony, loss of income, commutation expenses, hardship caused to the petitioner due to accident. The petitioner has relied upon the dictum rendered by the Hon'ble High Court of Kerala at Ernakulam in the case of M M Joseph vs. Venkata Rao - 5 - HC-KAR NC: 2025:KHC:36126 MFA No. 6879 of 2019 M and Others in MACA No.1373/2013 for grant of depreciation value of the vehicle and request for enhancement of compensation. 6. Heard the arguments of both counsels and perused the material on record. 7. The petitioner mainly contended that in the judgment, it is specifically mentioned that two tax invoices produced under Ex.P7 amounting to Rs.58,104/- and Rs.7,098/- and the Tribunal has considered the same and awarded the amount. However, the Tribunal has not considered the other two tax invoices amounting to Rs.3,000/- and the same should be added. 8. The petitioner stated that he has filed all the tax invoices for engaging the private vehicle. Due to oversight, it has not been considered by the Tribunal. Therefore, this Court finds it reasonable to grant Rs.5,000/- for engaging private vehicle as his own vehicle was damaged and he was struck in the car till the doors of - 6 - HC-KAR NC: 2025:KHC:36126 MFA No. 6879 of 2019 the car got opened. Due to the occurrence of accident, he suffers inconvenience, hardship and mental agony. As such, this Court finds it reasonable to enhance the compensation in all by awarding Rs.18,000/- in addition to the award passed by the Tribunal and the total compensation comes to Rs.83,202/- along with interest at the rate of 6% p.a. from the date of petition till realization. 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 07.12.2018 passed in MVC No.4101/2017 on the file of the Court of Additional Small Causes Judge and the Motor Accident Claims Tribunal, Bengaluru (SCCH-13) is hereby modified; iii. The petitioner is entitled for compensation of Rs.83,202/- along with interest at 6% p.a., within 1 month from the date of deposit, instead of Rs.65,202/- granted by - 7 - HC-KAR NC: 2025:KHC:36126 MFA No. 6879 of 2019 the Tribunal. Further, the petitioner is not entitled for interest for the delay period of 165 days. iv. Respondent No.2 is directed to deposit the compensation of Rs.83,202/- with interest at the rate of 6% interest p.a., within one month from the date of this order. v. On such deposit, the petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 22