- 1 - HC-KAR NC: 2025:KHC-K:7809 MFA No. 200573 of 2023 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P. SREE SUDHA MISCL. FIRST APPEAL NO.200573 OF 2023 (MV-DM) BETWEEN: HANAMANTAPPA S/O ISHWARAPPA DEVANAGON, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: H.NO.LIG-71 ADARSH NAGAR, VIJAYAPURA-586101. …APPELLANT (BY SRI KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE) AND: 1. NINGAPPA S/O MUDEPPA GOLAGERI, AGE: 44 YEARS, OCC: AGRICULTURE, R/O YARAGAL B.K., SINDAGI TQ. DIST. VIJAYAPURA-586128 2. THE DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE CO. LTD., SANGAM BUILDING, 1ST FLOOR, S.S. FRONT ROAD VIJAYAPURA-586101. …RESPONDENTS (SRI MD. ABDUL QUAYUM, ADVOCATE, FOR R2; R1-NOTICE DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC-K:7809 MFA No. 200573 of 2023 THIS MFA IS FILED U/S.173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 22.06.2022 PASSED IN MVC NO.951/2018 ON THE FILE OF THE COURT OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT NO.XV, VIJAYAPURA AND ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION AMOUNT BY RS.3,17,500/- ONLY AS CLAIMED BY THE APPELLANT BEFORE THIS COURT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P. SREE SUDHA ORAL JUDGMENT 1. This appeal is filed by the claimant against the judgment and award dated 22.06.2022 passed by the IV Additional Senior Civil Judge and Member, M.A.C.T.-XV, Vijayapura [for short ‘Tribunal’], in MVC No.951/2018, seeking enhancement of compensation on account vehicle damage. 2. Facts of the case are that the claimant filed a claim petition before the Tribunal seeking compensation of Rs.3,75,000/-. The Tribunal after considering the entire evidence on record, awarded the compensation of Rs.57,500/- with interest at 6% per annum from the date - 3 - HC-KAR NC: 2025:KHC-K:7809 MFA No. 200573 of 2023 of petition till realization and directed respondent No.2- Insurance Company to pay the compensation. Aggrieved by the said award, the appellant-claimant has preferred this appeal. 3. Heard arguments of both the parties and perused the materials available on record. 4. In paragraph No.8 of the appeal memorandum, appellant has stated as under: “The vehicle was damaged as fallows 1) Front bumper broken, 2) Right side headlight assembly broken, 3) Right side indicator broken, 4) Right side front wheel & tyre are damaged, 5) Steering system damaged, 6) Front suspension damaged, 7) Front shape damaged and broken, 8) front glass broken, 9) Top roof damaged, 10) Right side 'A' Pillar and 'B' are damaged, 11) Dash board damaged, 12) seat damaged, 13) front right side/left side doors are damaged and broken and 14) body shell damaged.” 5. It is submitted by learned counsel for the appellant that PW4 – Surveyor has assessed the vehicle total cost of Rs.2,55,443/-, but the Tribunal granted - 4 - HC-KAR NC: 2025:KHC-K:7809 MFA No. 200573 of 2023 Rs.57,500/- only without considering the Estimation Report. It is also submitted that appellant spent Rs.7,500/- towards transportation of vehicle and Rs.15,000/- towards parking charges for the repair and thus, requested for enhancement of the compensation. 6. PW4 – Surveyor in his evidence has stated that vehicle is 11 years - 10 months old and the repair charges are more than actual valuation of the vehicle i.e., Rs.2,55,443/-. In fact, it was suggested the claimant for dismantling the said Car. Insurance Company accepted coverage of insurance as per Ex.R2. Ex.P17 is the R.C. Card of Car and Ex.R2 is the Insurance Policy of Car. According to R.C. Card, vehicle is 12 years old and value of the Car Rs.57,499/- as per Ex.R2. Therefore, the Tribunal awarded the said amount. This Court finds it reasonable to award additional amount of Rs.25,000/- in addition to the amount awarded by the Tribunal. 7. It is submitted that the Insurance Company has already deposited the amount awarded by the Tribunal. - 5 - HC-KAR NC: 2025:KHC-K:7809 MFA No. 200573 of 2023 8. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The claimant is entitled for the compensation of Rs.25,000/- with interest at 6% per annum from the date of petition till the date of realization as additional compensation. (iii) Respondent No.2 – Insurance Company is directed to deposit the aforesaid compensation amount along with interest within one month from the date of this judgment. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it. SD/- (P. SREE SUDHA) JUDGE SBS List No.: 1 Sl No.: 60 CT: RJ