- 1 - HC-KAR NC: 2026:KHC:33750 MFA No. 4302 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 4302 OF 2021(MV-DM) BETWEEN: SRI. KARUNAKARA SHETTY AGED ABOUT 38 YEARS S/O SRI. NARAYANA SHETTY RUNNING HIS BUSINESS AT MANJUSHREE CONDIMENTS MUNIVEERAPPA BUILDING NO.198, D.C HALLI ROAD BILEKAHALLI, BANGALORE 560 076 …APPELLANT (BY SRI. PRABHAKARA LAXMANA SHETT, ADVOCATE) AND: 1. SRI. PRANAV HUNDOO AGED ABOUT 30 YEARS S/O RAJEEV HUNDOO NO.2441, FOURTH FLOOR FLAT NO.403, 26TH MAIN 15TH CROSS, HSR LAYOUT BANGALORE-560 102 2. M/S CHOLAMANDALAM MS GENERAL INSURANCE CO LTD., UNIT NO.04, 9TH FLOOR (LEVEL-06) GOLDEN HEIGHTS COMPLEX, 59TH 'C' CROSS, INDUS Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33750 MFA No. 4302 of 2021 BANGALORE-560 010. …RESPONDENTS (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R2, VIDE ORDER DATED 20/06/2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.07.2021 PASSED IN MVC NO. 3071/2019 ON THE FILE OF THE XXI ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU SCCH-23, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. This appeal is filed challenging the judgment and award dated 26.07.2021 passed in MVC.3071/2019 and seeking enhancement of compensation. 2. Learned counsel for the claimant contended that the Tribunal has erred in awarding damages at Rs.30,000/- although several documents were produced to show that the claimant has suffered monetary loss of nearly Rs.10,00,000/- due to the negligent act of the driver of the vehicle bearing registration No.KA01-MQ 8376, who dashed against the shop premises of the claimant, thereby causing damage to the shop - 3 - HC-KAR NC: 2026:KHC:33750 MFA No. 4302 of 2021 and due to the same, the claimant was not able to run his shop for nearly 45 days. As such, he prays to allow the appeal by enhancing the compensation. 3. Per contra, learned counsel for the respondent - insurer contended that the Tribunal, after assessing the evidence on record, has rightly awarded the compensation and the same does not require any enhancement. As such, he prays to dismiss the appeal. 4. I have given my anxious consideration to the submissions of the learned counsel for both the parties and perused the material on record. 5. As could be seen from Ex.P13 - photographs, damage has been caused to the rolling shutter and glass of the display counter and that the items kept in the shop of the claimant are in tact. Further, it is seen that no estimation and quotation raised with regard to repairs needed to be carried out to the claimant's shop were produced. In view of the same, I deem it just and appropriate to award a sum of Rs.20,000/- globally in addition to what has been awarded by the Tribunal. Thus, the claimant would be entitled to total compensation of Rs.50,000/- - 4 - HC-KAR NC: 2026:KHC:33750 MFA No. 4302 of 2021 along with interest at the rate of 6% p.a. from the date of petition till its realization. The insurer shall deposit the amount of compensation within a period of four weeks from the date of receipt of a copy of this order. Thereafter, the entire award amount together with interest shall be released to the claimant by way of E-payment on proper identification and confirmation. Accordingly, the appeal is allowed in part. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 71