- 1 - HC-KAR NC: 2026:KHC:1974 MFA No. 1690 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.1690/2024 (MV-DM) BETWEEN: K N ANIL KUMAR S/O NAGENDRAPPA OWNER OF CAR BEARING REG NO.KA 16 M 5699 SINCE DECEASED BY LRS 1. SMT G.S. VIDYA W/O LATE ANIL KUMAR K N AGED ABOUT 47 YEARS 2. NAMAYA K D/O LATE ANIL KUMAR K N AGED ABOUT 17 YEARS 3. SAMANYU K A S/O LATE ANIL KUMAR K N AGED ABOUT 13 YEARS APPELLANT NO.2 AND 3 ARE MINORS REP. BY THEIR NATURAL GUARDIAN MOTHER SMT G S VIDYA-APPELLANT NO.1 ALL ARE RESIDING OF CHURCH EXTENSION, NEAR DISTRICT COURT COMPLEX CHITRADURGA TOWN - 577 501 &APPELLANTS (BY SMT. B.M. DEEPU, ADVOCATE FOR SRI. B PRAMOD., ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:1974 MFA No. 1690 of 2024 AND: 1. ARIFULLA S/O LATE AMEER AHAMED OWNER OF LORRY BEARING REG NO KA 16/A 5738 R/O AGASANAKALLU, 4TH DIVISION, CHITRADURGA PIN - 577 501 2. THE BRANCH MANAGER SRIRAM GENERAL INSURANCE CO LTD, 302, 1ST FLOOR, DOOR NO.85/2, AMS COMPLEX, OPP. NANDI PETROL BUNK, NEAR KSRTC BUS STAND, DAVANGERE - 577 004. &RESPONDENTS (BY SRI. B.C. SHIVANNEGOWDA, ADVOCATE FOR R2, V/O DTD:20.11.2024 NOTICE TO R1 IS H/S) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.12.2023 PASSED IN MVC NO.477/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the judgment and award dated 27.12.2023 passed by II Additional Senior Civil Judge and Additional MACT-V, Chitradurga in MVC No.477 of 2019. - 3 - HC-KAR NC: 2026:KHC:1974 MFA No. 1690 of 2024 2. Originally, injured claimant filed a claim petition claiming compensation of Rs.1,50,000/- for damages incurred to his car bearing No.KA-16/M-5699 in the road traffic accident occurred on 12.03.2019. During the pendency of the claim petition, the injured claimant died and his legal representatives were brought on record. The Tribunal considered the entire evidence on record and dismissed the application. 3. Being aggrieved by the said order, the claimants have preferred this appeal and mainly contended that, they examined PW2, wife of the deceased, and produced Exhibit P7- original receipt issued by RNS Motors, Hubali, showing repair of vehicle. As such, production of the insurance policy has no relevance for the damages. The accident is between car and lorry. The driver of the lorry was negligent and he caused the accident. Therefore, requested to modify the judgment of the tribunal. 4. Learned counsel for the respondent-insurance company contended that the claimants have not filed insurance policy of their car. They might have claimed the amount and filed this application as a double claim. - 4 - HC-KAR NC: 2026:KHC:1974 MFA No. 1690 of 2024 5. Heard the learned counsel for both sides. 6. Perusal of the record shows that, on 12.03.2019, while deceased petitioner-claimant was travelling along with his driver in Maruthi Swift Dezire Car bearing Reg.No.KA-16/M- 5699, a lorry driver bearing registration No.KA-16/A-5738 came in a rash and negligent manner and dashed the car. As a result, the deceased9s vehicle was damaged. After the accident, deceased petitioner towed his vehicle by paying Rs.10,000/- towards towing charges and took the vehicle to the RNS Motors, Hubali for repair and he incurred Rs.1,10,000/- for repair. He stated that he travelled from Chitragurga to Shimoga and Chitradurga to Davanagere weekly twice and incurred Rs.2,000/- per trip and thereby, he incurred Rs.32,000/- total charges for hiring a vehicle for his transportation. Therefore, he has sustained the loss of Rs.1,10,000/- towards damage of the said vehicle. Respondent No.2 filed statement of objection stating that the vehicle was not taken to an authorized service station to assess the damages through a authorized surveyor appointed by respondent No.2 and the bill produced by them is highly exorbitant and is not in accordance - 5 - HC-KAR NC: 2026:KHC:1974 MFA No. 1690 of 2024 with insurance surveyor report. The Tribunal observed that as per IMV report- Ex.P.4 and P5, both right side doors of petitioner9s car and rear bumper is damaged, left side body is scratched. It was further observed that except the bill obtained from RNS Motors Ltd., Huballi, the petitioner has not produced any material to show that vehicle of the petitioner sustained damages and for which he has repaired his vehicle and incurred the expenses. The petitioners have not produced vehicle insurance policy nor any claim made by them towards the damages of the vehicle. Though as per Exhibit P5, both right side doors and rear bumper were damaged, petitioners got repaired other parts of the vehicle and they have not examined the author of Exhibit P7. The details of the damages and the estimation of the damages incurred by the petitioner's vehicle is not furnished. Subsequently, the deceased petitioner sold the vehicle to somebody else. In the absence of any estimation report, as the claim is based upon tax invoice. He is not entitled for damages. 7. Though petitioner-claimants herein claimed that the deceased incurred Rs.1,10,000/- towards vehicle damage, they - 6 - HC-KAR NC: 2026:KHC:1974 MFA No. 1690 of 2024 have not examined the author of the document-Exhibit P7 at the earliest point of time before the Tribunal, and it is for the claimants to prove their case, but failed to do so. Moreover, the claimants have not filed insurance policy of their own vehicle. The Tribunal has rightly considered all the aspects and dismissed the application. This Court finds no reason to interfere with the said order. 8. In the result, appeal is dismissed, confirming the impugned order of the Tribunal. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 90