- 1 - HC-KAR NC: 2026:KHC:17592 MFA No. 7831 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 7831 OF 2018 (MV-DM) BETWEEN: REVEREND SISTER FLORIN D/O THOMAS PAIS SUPERIOR, SAINT JOSEPH PRASHANTH NIVAS NELYADI VILLAGE, TALUKA PUTTURU DAKSHANA KANNADA DISTRICT REP BY GPA HOLDER SISTER IRIN D SILVA D/O ALFONCE D SILVA AGED ABOUT 69 YEARS PRINCIPAL AND SUPERIOR HOLI RIDIMARS CONVENT HOSANAGAR, R/O GANGANAKOPPA HOSANAGAR, PIN - 577 201. …APPELLANT (BY SRI JYOTI Y KATAGAR, ADV., FOR SRI NAGARAJAPPA A, ADV.) AND: 1. ALBIN P.T S/O THOMAS R/O ACHAPUR ANANDAPURAM HOBLI TALUKA SAGAR DISTRICT SHIVAMOGGA PIN - 577 201. 2. SMT. MUMATSA W/O SALEEM MAJOR MANAVAIYALI HOUSE PERAMBURU, KALLIKAT KERALA, REP. BY GPA HOLDER Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17592 MFA No. 7831 of 2018 JOSH MATHEW S/O C.M. MATHEW AGED ABOUT 47 YEARS AGRICULTURIST, RIPPONPETE TALUKA HOSANAGAR DISTRICT SHIVAMOGGA PIN - 577 201. 3. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD, 4TH FLOOR M. SONS ARCADE, CHORITY ROAD KYALIKAT, KERALA STATE REP BY BRANCH MANAGER. …RESPONDENTS (BY SRI RAVI S. SAMPRATHI, ADV., FOR R-3; V/O DT:12.06.2025, NOTICE TO R-2 IS HELD SUFFICIENT R-1 SERVED & UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.10.2016 PASSED IN MVC NO.152/2016 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT SAGAR, 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 challenging the judgment and award dated 27.10.2016 passed in MVC No.152/2016 by the Court of V Addl. - 3 - HC-KAR NC: 2026:KHC:17592 MFA No. 7831 of 2018 District & Sessions Judge & Addl. MACT, Shivamogga, sitting at Sagar, (for short, ‘Tribunal’). 2. Though this appeal is listed for admission, with consent of the learned counsel for the parties, it is taken up for final disposal. 3. Heard the learned Counsel Smt. Jyoti Y.Katagar appearing for Sri A.Nagarajappa, learned Counsel for the appellant and Sri Ravi S.Samprathi, learned Counsel for respondent no.3. 4. The parties to the proceedings do not dispute that the claim petition in MVC.No.152/2016 is filed by the owner of the Bolero vehicle bearing registration No.KA- 21/M-3356. It is also not in dispute that the said vehicle met with an accident on 11.05.2015 and the inmates of the said vehicle sustained injuries. The present claim is of the owner with regard to the damage caused to the vehicle involved in the accident. The Tribunal considering the evidence of the owner as well as PW-3, has awarded - 4 - HC-KAR NC: 2026:KHC:17592 MFA No. 7831 of 2018 compensation of Rs.40,000/- with simple interest at 6% per annum. 5. I have perused the damage caused to the vehicle as per Ex.P-5, the oral evidence of PW-3 - Srikanth who has estimated the cost of repair of the vehicle at Rs.2,78,000/-. However, the said witness in his cross- examination, admitted that to repair the damage referred in Ex.P-5, the approximate cost would be Rs.40,000/-. Taking note of the estimation arrived by PW-3, the damage referred to at Ex.P-5 and the oral evidence of PW-3, I am of the considered view that interest of justice would be met, if additional Rs.30,000/- is awarded to the appellant. 6. For the aforementioned reasons, the appeal is allowed in part. The appellant would be entitled for additional compensation of Rs.30,000/- with interest at 6% per annum from the date of petition till realization of - 5 - HC-KAR NC: 2026:KHC:17592 MFA No. 7831 of 2018 the amount. The rest of the judgment and award of the Tribunal shall remain unaltered. Sd/- (VIJAYKUMAR A. PATIL) JUDGE KK