- 1 - HC-KAR NC: 2026:KHC:20113 MFA No. 6547 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.6547 OF 2018 (MV-DM) BETWEEN: SRI. VISHNU KUMAR SAH AGED ABOUT 38 YEARS, S/O LATE GOPAL PRASAD, R/A FLAT NO.804, PROXIMAS APARTMENT, URVA STORE, MANGALORE - 575 001. …APPELLANT (BY SRI. MOHAN MAIYA G.L, ADVOCATE) AND: 1. DEEPA S. RAO PROPRIETOR, MANJJUNATH ROAD LILNES, SHOP NO.8, PVS CENTENARY BUILDING, K.R. RAO ROAD, KODIALBAIL, MANGALORE - 575 001. 2. UNITED INDIA INSURANCE COMPANY LIMITED, BUNDER VARANASI TOWERS, MANGALORE - 575 001, REPRESENTED BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2; R1 - SERVED AND UNREPRESENTED) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20113 MFA No. 6547 of 2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.05.2018 PASSED IN MVC NO.561/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MEMBER, MACT-IV D.K. MANGALURU, 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 owner of the vehicle involved in the accident challenging the judgment and award dated 05.05.2018 passed in M.V.C. No.561/2017 by the Motor Accidents Claims Tribunal - IV, Dakshina Kannada, Mangaluru (for short 'Tribunal'). 2. Though this appeal is listed for admission, with the consent of the learned counsel for the parties, it is taken up for final disposal. - 3 - HC-KAR NC: 2026:KHC:20113 MFA No. 6547 of 2018 3. Heard Sri. Mohan Maiya G.L., learned counsel for the appellant and Sri. Ravish Benni, learned counsel for respondent No.2. 4. The appellant, who is the owner of the vehicle bearing registration No. KA-19-MB-9873 i.e., Hyundai I10 grey color vehicle which was involved in the accident. The appellant as well as the respondent are not in dispute that the aforesaid vehicle was involved in the accident on 19.01.2017. 5. The claim petition is filed seeking compensation/damage of Rs.10,00,000/- to the vehicle. In order to prove the claim, the owner examined himself as PW.1 and surveyor as PW.2 and got marked exhibits P1 to P14. The respondent did not adduce any evidence. The Tribunal considering the oral and documentary evidence, awarded compensation of Rs.76,500/- with interest at the rate of 6% p.a., from the date of petition till the date of realization. - 4 - HC-KAR NC: 2026:KHC:20113 MFA No. 6547 of 2018 6. The Tribunal recorded its finding in paragraph 14 that the complaint and other material on record does not indicate that there is a damage to the front portion of the vehicle and according to said reason, awarded 50% of the assessed damage. It is to be noticed that exhibit-P5 IMV Report of both the vehicles, the vehicle in question is KA 19 MB 9873. The IMV Report clearly indicates the damage caused to the said vehicle both on front side & rear side. The aforesaid IMV Report is neither challenged nor disputed by the other side. The aforesaid evidence clearly demonstrates that the appellant's vehicle is damaged on the front side as well as on the rear side in the said accident. Hence, there is no justification for the Tribunal to deny the compensation as per the evidence on record. 7. Taking note of the oral evidence of PW.2 and exhibit-P6, I am of the considered view that the appellant - 5 - HC-KAR NC: 2026:KHC:20113 MFA No. 6547 of 2018 should be entitled to total compensation of Rs.1,53,770/- as against Rs.76,500/- awarded by the Tribunal. 8. In the result, this Court proceeds to pass the following: ORDER a) The appeal is allowed in part. b) The impugned judgment and award dated 05.05.2018 passed by the Tribunal in M.V.C.No.561/2017 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.1,53,770/- as against Rs.76,500/- awarded by the Tribunal. c) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realisation. d) The respondent-Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within - 6 - HC-KAR NC: 2026:KHC:20113 MFA No. 6547 of 2018 a period of six weeks from the date of receipt of the certified copy of this judgment. e) The Tribunal shall release the amount in favour of the claimant. f) Registry shall transmit the records to the Tribunal forthwith. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE KA List No.: 1 Sl No.: 9