HC-KAR NC: 2026:KHC:10735 MFA No. 1344 of 2020 - 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.1344 OF 2020 (MV-DM) BETWEEN: THE MANAGER, THE ORIENTAL INSURANCE CO. LTD., JAYADEVA HOSTEL BUILDING B H ROAD, TIPTUR TUMKUR DISTRICT NOW REPRESENTED BY ITS REGIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, NO.44/45, 4TH FLOOR, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BANGALORE – 560 025 …APPELLANT (BY SRI. H C VRUSHABHENDRAIAH, ADVOCATE) AND: 1. MUDASEER M D @ MOHAMMED MUDASEER S/O MOHAMMED HUSSAIN AGED ABOUT 33 YEARS, R/AT NO.2531, 23RD CROSS, EREKATTE STREET, LASHKAR MOHALLA, MYSURU – 570 021 HC-KAR NC: 2026:KHC:10735 MFA No. 1344 of 2020 - 2 - 2. SHIVAKUMAR @ GIRISHA MAJOR, 3. MAHADEVU S/O MARI DEVEGOWDA AGED ABOUT 43 YEARS R/AT NO.32, KALEHALLY T M HOSUR POST, SRIRANGAPATNA MANDYA DISTRICT - 571 438 …RESPONDENTS (BY SRI. CHETHAN B., ADVOCATE FOR R1; R2 AND R3 ARE SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 02.04.2019, PASSED IN MVC NO.411/2016, ON THE FILE OF THE JUDGE, ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MYSURU AND TO PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING THE COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT 1. The present appeal seeks to challenge the Judgment and Award dated 02.04.2019 in MVC No.411/2016 passed by the Additional Small Causes and Senior Civil Judge, Mysuru (hereinafter referred to as the “Impugned Award”). HC-KAR NC: 2026:KHC:10735 MFA No. 1344 of 2020 - 3 - By the Impugned Award, a sum of Rs.1,22,000/- was granted to the respondent No.1/claimant along with interest at 6% p.a. from the date of petition till the deposit of the amount. 2. Given the fact that the appeal is pending for more than six years and the stay of proceedings have been granted by this Court on 17.03.2020, it is apposite to hear and dispose of the appeal. 3. The brief facts that are relevant are, on 20.03.2014 at about 3.30 P.M., when the appellant/claimant was driving the Car bearing registration No.KA-22 M-6499, at that time, a Tipper Lorry bearing registration No.KA-50-1264 being driven by its driver in a rash and negligent manner, collided with the car of the respondent No.1/claimant and resulted in damage to his vehicle. The respondent No.1/claimant filed a claim petition seeking damages caused to his vehicle. The petition was contested by both the owner of the vehicle as well as the Insurance Company. HC-KAR NC: 2026:KHC:10735 MFA No. 1344 of 2020 - 4 - 4. Based on the pleadings between the parties, the following issued were framed by the learned Tribunal. “1. Whether the petitioner proves that his vehicle bearing registration No. KA-22M-6499 was damaged in a road traffic accident arising out of use of vehicle bearing registration No. KA-50 1264 on 20.03.2014 at about 3.30 p.m. due to the rash and negligent driving of its driver? 2. Whether the petitioner is entitled for any compensation? If so, at what extent and from whom? 3. What Order or Relief?” 5. The respondent No.1/claimant was examined himself as P.W.1 and marked the documents as Exs.P1 to P10. The appellant/Insurance Company did not lead any evidence but only an insurance policy was marked as Ex. R1. The learned Trial Tribunal, after examining the evidence, has awarded a compensation in a sum of Rs.1,22,000/- along with interest at the rate of 6% per annum. 6. During the course of hearing, on the suggestion of the Court, both appellant and the respondents have sat together with a view to resolve the dispute amicably. Learned counsel for both parties submit that they have amicably resolved the issue of compensation. The HC-KAR NC: 2026:KHC:10735 MFA No. 1344 of 2020 - 5 - respondent No.1/claimant has agreed for a reduction in the compensation primarily on account of the fact that Ex.P4/bill is not an actual payment receipt but only a quotation. 7. Learned counsel for the respondent No.1/claimant submits that the respondent No.1/claimant is agreeable to a reduction of award in a sum of Rs.80,000/- along with interest at 6% p.a. from the date of petition till the date of deposit of the amount. Accordingly, and in view of the consensus between the parties, this Court proceeds to pass the following directions: ORDER (i) The appeal is disposed of. (ii) The Impugned Judgment and Award dated 02.04.2019 in MVC No.411/2016 passed by the learned Addl. Small Causes and Senior Civil Judge, Mysore, is modified to the extent that the compensation of Rs.1,22,000/- awarded by the HC-KAR NC: 2026:KHC:10735 MFA No. 1344 of 2020 - 6 - Tribunal to the respondent No.1/claimant is reduced to Rs.80,000/- along with interest at 6% per annum from the date of claim petition till its realization. (iii) The amount deposited by the appellant/Insurance Company before this Court (if any) shall be transferred to the Tribunal. (iv) The respondent No.1/claimant is at liberty to file an appropriate application to withdraw the amount deposited as reduced, along with upto date interest, as has been awarded in the Impugned Award. (v) Once the respondent No.1/claimant withdraws the compensation amount, the balance amount shall be released by the Tribunal in favour of the Insurance Company on the filing of an appropriate application. HC-KAR NC: 2026:KHC:10735 MFA No. 1344 of 2020 - 7 - (vi) The remaining portion of the Impugned Award of the Tribunal remains undisturbed. (vii) The Registry is directed to draw the modified Award accordingly. (viii) The Registry is directed transmit a copy of this judgment to the concerned Tribunal, along with its records. (ix) No order as to costs. Sd/- (TARA VITASTA GANJU) JUDGE YN List No.: 2 Sl No.: 6 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA