- 1 - HC-KAR NC: 2026:KHC:33988 MFA No. 4665 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4665 OF 2020(MV-DM) BETWEEN: SRI. K. ARASE GOWDA S/O SRI KARIYAPPA AGED ABOUT 40 YEARS R/AT NO.136, 16TH MAIN ROAD J C NAGAR, BANGALORE-560086. …APPELLANT (BY SRI. LATUR SURESH MAHALINGAPPA., ADVOCATE) AND: 1. MISS. SAILAJA S D/O ANANDA K A R/NO. 10 KARADAGURU BANGARPET TALUK BANGALORE URBAN-563121. 2. THE REGIONAL MANAGER NATIONAL INSURANCE COMPANY LIMITED., SUBBARAM COMPLEX M G ROAD, BANGALORE-560002. …RESPONDENTS (BY SRI.K SRIDHARA., ADVOCATE FOR R2: NOTICE TO R1 IS DISPENSED WITH V/O DATED:29.06.2022) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 14.02.2020, PASSED IN MVC NO.2403/2015, ON THE FILE OF THE MEMBER, MACT, XVIII-ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-4), PARTLY ALLOWING THE CLAIM Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33988 MFA No. 4665 of 2020 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 RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.60,000/- awarded by the Tribunal, is in appeal. 2. The fact that the accident occurred and that the claimant's Maruthi Van bearing Registration No.KA-02-MA-2640 was damaged in the road traffic accident due to the rash and negligent driving of the offending vehicle bearing Registration No.KA-08-4977 by its driver, and that the offending vehicle was insured, are not in dispute. 3. The Tribunal, on assessment of evidence, has awarded compensation at Rs.60,000/- with interest at the rate of 6% per annum. 4. The learned counsel for the appellant-claimant has contended that due to the accident, the claimant’s vehicle - 3 - HC-KAR NC: 2026:KHC:33988 MFA No. 4665 of 2020 bearing Registration No.KA-02-MA-2640 has been damaged in the accident occurred on 29.08.2011 due to rash and negligent driving of the driver of the Canter bearing Registration No.KA- 08-4977. The compensation awarded by the Tribunal Rs.60,000/- towards vehicle damages is on lower side. Hence, he sought for allowing the appeal. 5. Per contra, learned counsel appearing for the respondent-Insurance Company has contended that the claimant is not the owner of the Maruthi Car bearing Registration No.KA-02-MA-2640 at the time of the accident and therefore, he is not entitled for compensation as claimed in the claim petition. The compensation of Rs.60,000/- awarded by the Tribunal towards vehicle damages is just and reasonable. Hence, he sought for dismissal of the appeal. 6. Heard the learned counsel for the parties and perused the judgment and award of the Tribunal. 7. As per Ex.P5-IMV Report, the claimant's vehicle sustained the following damages: - 4 - HC-KAR NC: 2026:KHC:33988 MFA No. 4665 of 2020 “the rear door was damaged, the right-hand side sliding door was dislocated, the rear bumper was damaged, and the right-hand side driver-side door and wheel were damaged.” 8. The claimant has also produced Ex.P10–Repair Bill for a sum of Rs.1,13,400/-. Except that, he has not produced any other document. Since the damaged vehicle is of the year 2005, the claimant has not produced any photographs to show the damage. Further, he has not chosen to produce any repair estimate to prove the repair work, nor has he examined the author of Ex.P10–Repair Bill to prove the repair bill. Therefore, considering the same, I am of the opinion that in addition to the global compensation of Rs.60,000/- awarded by the Tribunal towards vehicle damages, Rs.25,000/- has to be awarded with interest at 6% per annum. 9. In the result, the following order is passed: ORDER a) The appeal is allowed in part. b) The judgment of the Claims Tribunal is modified. - 5 - HC-KAR NC: 2026:KHC:33988 MFA No. 4665 of 2020 c) The claimant is entitled to a global compensation of Rs.85,000/- as against Rs.60,000/- awarded by the Tribunal. d) The Insurance Company is directed to deposit the compensation amount along with interest @ 6% p.a. from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of copy of this judgment. Sd/- (RAJESH RAI K) JUDGE HA LIST NO.: 1 SL NO.: 40