- 1 - HC-KAR NC: 2026:KHC:19022 M.F.A. No.3052/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.3052/2020 (MV-DM) BETWEEN: SRI. H. SHESHAPPA S/O SRI. HANUMANTHAPPA AGED ABOUT 45 YEARS R/O. GANESH KRUPA BANK COLONY, CHITRADURGA. …APPELLANT (BY SRI. CHETHAN D.T. ADV.,) AND: 1. K.V. LOKESH S/O VENKATARAMANAPPA MAJOR, R.C. KULUVANAHALLI NEMANGALA TALUK BENGALURU RURAL DISTRICT (OWNER OF LORRY REG NO. KA-06-C-7859). 2. THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., COMMERCIAL COMPLEX B.D. ROAD, CHITRADURGA. …RESPONDENTS (BY SRI. H.C. BETSUR, ADV., FOR R2 R1 SERVICE OF NOTICE IS D/W V.C.O. DTD:01.03.2023) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19022 M.F.A. No.3052/2020 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.02.2018 PASSED IN MVC NO.1229/2015 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, 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 MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the appellant challenging the judgment and award dated 24.02.2018 passed in MVC.No.1229/2015 by the I Additional Senior Civil Judge and Additional MACT-IV, Chitradurga (for short 'the Tribunal'). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Heard Sri.Chethan D.T., learned counsel appearing for the appellant, Sri.H.C.Betsur, learned counsel for respondent No.2 and meticulously perused the material available on record. - 3 - HC-KAR NC: 2026:KHC:19022 M.F.A. No.3052/2020 4. This appeal is by the owner of the vehicle bearing registration No.KA-16/M-5939 seeking enhancement of compensation for the damage caused to his vehicle. The Tribunal, considering the oral evidence of the owner and the documentary evidence marked as Ex.P1 to Ex.P14, awarded compensation of Rs.98,566/- with interest at the rate of 6% per annum. The appellant produced Ex.P8 and Ex.P9, the tax invoices to establish that he had incurred expenditure of Rs.1,78,833/- and Rs.8,300/- in total Rs.1,87,133/- towards repair of the damages of the vehicle caused in the road accident. However, it is not in dispute that the appellant has not produced any other evidence to substantiate his claim for higher compensation nor examined any person who carried out the repairs or provided an estimate for the repair. In the absence of any such evidence, I am of the considered view that the Tribunal was fully justified in awarding Rs.98,566/- which represents 50% of the total repair cost, having recorded a finding that the driver of the - 4 - HC-KAR NC: 2026:KHC:19022 M.F.A. No.3052/2020 car owned by the appellant had also contributed to the occurrence of the accident. 5. Taking note of the difficulties faced by the appellant and the miscellaneous expenses likely incurred in repairing the vehicle after the accident, I am of the considered view that ends of justice would be met if an additional compensation of Rs.20,000/- is awarded to the appellant. Accordingly, the appellant is entitled to an additional sum of Rs.20,000/- as compensation. 6. The impugned judgment and award of the Tribunal is modified to the aforesaid extent. The additional compensation amount shall carry interest at the rate of 6% per annum from the date of petition till realization excluding the interest for the delayed period of 599 days as per the order dated 24.07.2025. 7. In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal stands partly allowed. The respondent/insurer shall - 5 - HC-KAR NC: 2026:KHC:19022 M.F.A. No.3052/2020 deposit the additional compensation amount with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment. On such deposit, the same shall be released in favour of the appellant. Registry is directed to transmit the records to the Tribunal forthwith and draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 15