- 1 - HC-KAR CNR: KAHC010253082017 NC: 2026:KHC:45632 MFA No. 2896 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2896 OF 2017 (MV-DM) BETWEEN: BHUPENDRA SINGH S/O INDER SINGH AGKED ABOUT 39 YEARS NO.6073, SOBHA IRIS APARTMENT, DEVARABEESANAHALLI, OPP: OUTER RING ROAD, OPP: INTEL, BENGALURU-560 103. …APPELLANT (BY SRI. SURESHA M., ADVOCATE) AND: 1. SMT VARALAKSHMI W/O S. KRINA KUMAR NO.39, SONAPANAHALLI, BETHAHALSUR POST, BENGALURU NORTH. (R.C. OWNER OF LORRY BEARING REGN. NO.KA-04-B-3605) 2. THE NEW INDIA ASSURANCE CO. LTD., MAHALAXMI CHAMBERS, SON OF HARIKRISHNA, NO.9, 2ND FLOOR, BENGLAURU-560 001 (POLICY NO.67030331100100002320 VALID FROM 30-5-2010 TO 29-5-2011) 3. BHARTI AXA GENERAL INSURANCE CO. LTD., Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010253082017 NC: 2026:KHC:45632 MFA No. 2896 of 2017 PRIEDE QUADRA, NO.30, 2ND FLOOR, HEBAL ROAD, BENGALURU-560 024. (POLICY NO.FLPV/S0023445/41/03/B1411Q VALID FROM 26-3-2011 TO 25-3-2012) …RESPONDENTS (BY SRI. ASHOK N PATIL., ADVOCATE FOR R2, R1 SERVED AND UNREPRESENTED, V/O DTD: 20.03.2025 NOTICE TO R3 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 07.10.2016 PASSED IN MVC NO.565/2014 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM AND ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MAYO HALL UNIT, BENGALURU(SCCH-19), DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 07.10.2016 passed in MVC No.565/2014 on the file of the XV Additional Small Causes Judge And XXIII ACMM and Additional Judge, Court Of Small Causes, Mayo Hall Unit, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience. - 3 - HC-KAR CNR: KAHC010253082017 NC: 2026:KHC:45632 MFA No. 2896 of 2017 3. The petitioner filed claim petition claiming compensation of Rs.2,00,000/- for the vehicle damage occurred on 24.05.2011. But the tribunal considering the entire evidence on record, dismissed the application. 4. Aggreived by the said order he preferred an appeal and mainly contended that he spent more than Rs.1.5 lakhs for the repairs of the car and appellant entered into settlement with third respondent and agreed to receive the meager amount in anticipation of the remaining compensation from the insurer of the offending vehicle as he was not aware of the fact that the claim and his argument will be defeated once the compensation is received by him. Therefore, requested this court to set aside the award passed by the tribunal and in the meanwhile filed the following documents under I.A.No.1/2026, 1. Original of the Tax Invoice dated 07-06-2011 bearing Invoice No.689 for Rs.97,990/- issued by the Whitefield Motors Pvt. Ltd., Bangalore, towards the spare parts used for Service of the vehicle in question. 2. Original of the Receipt dated 09-06-2011 bearing No.BR- 918 for Rs.30,560/- issued by the Whitefield Motors Pvt. Ltd., Bangalore, for having Service of the vehicle in question. - 4 - HC-KAR CNR: KAHC010253082017 NC: 2026:KHC:45632 MFA No. 2896 of 2017 5. Therefore, considering the said documents, this court finds that it is just and reasonable to modify the award and to direct the respondent No.2 to deposit Rs. 30,560/- to the appellant within one month from the date of this order, failing which directed to pay interest at the rate of 6%. Accordingly, this appeal is hereby allowed. On such deposit, appellant is permitted to withdraw the entire amount. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 68