SRI. MALLIKARJUNA V S/O LATE YELLAPPA vs SRI. R.V. PRAVEEN REDDY S/O R V BALANEJINEYA REDDY
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17519
MFA No. 102805 of 2022
CNR: KAHC020091132022
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MRS JUSTICE K.G.SHANTHI
MISCELLANEOUS FIRST APPEAL NO. 102805 OF 2022 (MV-I)
BETWEEN:
SRI. MALLIKARJUNA V
S/O. LATE YELLAPPA
AGE: 56 YEARS,
OCC: ADVOCATE,
TH
R/O: ALLIPURA, 30 WARD
BALLARI-583104.
…APPELLANT
(BY SRI. M. AMAREGOUDA, ADVOCATE)
AND:
1. SRI. R.V. PRAVEEN REDDY
S/O. R. V. BALANEJINEYA REDDY,
AGE: 41 YEARS,
OCC: DRIVER OF CAR BERING
REG NO.KA-34/N-4377
R/O. NEAR DYVAMMA TEMPLE,
VENIVEERAPURA VILLAGE (POST),
BALLARI TALUK,
DIST: BALLARI-583115.
2. SRI. V. C. KRISHNA REDDY
A/O. V. T. SIDDA REDDY
AGE: 46 YEARS,
OCC: DRIVER OF CAR BERING
REG. KA-NO.34/N-4377
R/O: NEAR ANJINEYA TEMPLE,
VENIVEERAPURA VILLAGE (POST)
BALLARI TALUK
DIST: BALLARI.
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HC-KAR
NC: 2026:KHC-D:17519
MFA No. 102805 of 2022
CNR: KAHC020091132022
3. M/S ROYAL SUNDARAM ALLIANCE
INSURANCE CO, LTD., BY ITS
MANAGER BALLARI
DIST: BALLARI-583101.
…RESPONDENTS
(NOTICE TO R1 AND R2 DISPENSED WITH;
BY SRI. S.S. JOSHI, ADVOCATE FOR R3)
THIS MFA IS FILED U/SEC.173(1) OF THE MOTOR VEHICLES
ACT, 1988 PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO MODIFY THE JUDGMENT AND
AWARD DATED 20.07.2021 PASSED BEFORE THE COURT OF THE II
ADDITIONAL SENIOR CIVIL JUDGE AT BALLARI IN M.V.C.
NO.484/2016 AND ENHANCE THE COMPENSATION AS CLAIMED IN
THE ABOVE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.G.SHANTHI
ORAL JUDGMENT
Aggrieved by the judgment and award dated
20.07.2021 passed in MVC No.484/2016 by the II
Additional Senior Civil Judge at Ballari, (for short, ‘the
Tribunal’), the Petitioner being an Appellant preferred this
appeal.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026
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HC-KAR
NC: 2026:KHC-D:17519
MFA No. 102805 of 2022
CNR: KAHC020091132022
2. Parties are hereinafter referred to as per their
ranking before the Tribunal for the sake of convenience.
3. Brief facts of the case are that On 12.02.2015
about 07:45 p.m., the Appellant was proceeding in his car
bearing No.KA-34/M-6320 and met with an accident
caused by car bearing No.KA-34/N-4377 which damaged
his car and he filed petition claiming damages.
Accordingly, Petitioner filed a claim petition claiming
compensation.
4. Upon service of notice, Respondent Nos.1 to 3
appeared through their counsel and Respondent No.3 filed
its written statement denying the averments of the claim
petition, including the accident, involvement of the
offending vehicle, and rash and negligent driving by
Respondent No.1. It is contended that Respondent No.1
had no valid driving license and that Respondent No.2
used the private vehicle for commercial purposes, in
violation of the policy conditions. It is further contended
that the Petitioner had already received ₹80,000/- from
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026
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HC-KAR
NC: 2026:KHC-D:17519
MFA No. 102805 of 2022
CNR: KAHC020091132022
Oriental Insurance Company towards full and final
settlement and disputed the repair expenses claimed by
the Petitioner. Hence, it sought for dismissal of the
petition.
5. On the basis of said contentions of the parties,
the Tribunal has framed the following issues:
“1. Whether the petitioner proves that on 12.2.2015 at
about 7.45 p.m., when the petitioner was proceeding
in the car bearing No.KA-34/M-6320 and when he
reached near opp:Anjineya Temple, 30th ward,
Vinayaka Nagar, Ballari, at that time, the respondent
No.1 being a driver of the car bearing Reg.No.KA-
34/N-4377 drove the vehicle in a 5
M.V.C.No.484/2016 high speed, rash and negligent
manner and dashed against the petitioner’s vehicle,
as a result of which, the petitioner’s vehicle sustained
extensive damage?
2. Whether the petitioner is entitle for the compensation?
If so, for what quantum and from whom?
3. What order or award?”
6. Before the Tribunal, the Petitioner himself
examined as P.W.1 and got marked 16 documents as
Exs.P.1 to P.16. In the cross-examination of P.W.1,
Digitally Signed by KADAMBADI
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MFA No. 102805 of 2022
CNR: KAHC020091132022
estimation by the Oriental Insurance Company was
confronted and same is marked at Ex.R.1 and Ex.R.1(a).
The Respondents did not adduce any oral evidence.
7. On hearing the argument, the Tribunal allowed
the claim petition in part by fastening the liability on the
Respondents and awarded compensation under following
heads:
1. Towards repair charges ₹53,940/-
2. Loss of earnings during idle period ₹2,000/-
Total ₹55,940/-
8. Aggrieved by the same, the Petitioner filed this
appeal.
9. Learned counsel for the Appellant argued that
the compensation awarded by the Tribunal is inadequate
and the Tribunal has not considered the claim of the
Petitioner with respect to the cost of repairs and due to
accident, the Petitioner suffered mental agony. It is also
argued that the Tribunal has not considered the cash
Digitally Signed by KADAMBADI
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HC-KAR
NC: 2026:KHC-D:17519
MFA No. 102805 of 2022
CNR: KAHC020091132022
receipt submitted by the Petitioner, but only considered
the survey report and estimation of the loss and awarded
a compensation of ₹1,33,940/-.
10. Per contra, learned counsel for the Respondents
argued that the Tribunal has considered the document
produced by the Petitioner and on evaluating the evidence,
rightly awarded a compensation of ₹55,940/- with interest
at the rate of 6% per annum.
11. Heard the arguments. Perused the materials
available on record. The points that would arise for
consideration by this Court are as follows:
i) Whether the petitioner proves that the
compensation awarded by the Tribunal is
inadequate and it deserves to be
modified?
ii) What order?
12. Points framed by this Court for consideration
are answered as follows:
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026
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MFA No. 102805 of 2022
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Point No.(i) : In the negative.
Point No.(ii): As per the final order, for the
following:
REASONS
13. Regarding Point No.(i): According to the
Petitioner, he has incurred ₹1,60,876/- towards the repair
of the car and ₹80,000/- was paid by the Oriental
Insurance Company. P.W.1 admitted the survey report
which marked as Ex.R.1. The document it indicates that
the surveyor has inspected the vehicle and estimated the
loss caused to the Petitioner. As per the surveyor, there
was a total loss to the tune of ₹1,33,940/-. But the
Petitioner claims that he has incurred ₹1,60,876/- and he
had produced the bills, which marked as Exs.P.8 to P.10.
But the Petitioner did not examined the witness to prove
the bill. The evidence of the Petitioner with respect to
Exs.P.8 to P.10 is not proved by examining the author of
the document. Thus, the Ex.P.10 cannot be accepted. But
as per Ex.R.1(a) the estimated report is ₹1,33,940/- out of
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026
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MFA No. 102805 of 2022
CNR: KAHC020091132022
that ₹80,000/- has been paid by the Oriental Insurance
Company and the balance amount of ₹53,940/- has to be
recovered from the Respondents. The Tribunal on
appreciating and evaluating the evidence produced by the
Petitioner, rightly awarded compensation of ₹53,940/- and
also awarded ₹2,000/- under the head of loss of earning
during idle period. This Court did not find any reasons to
interfere with the said order. There is no merits in the
appeal. Hence, point No.(i) is answered in the negative .
14. Regarding point No.(ii): In view of the
finding on point No.(i), this Court proceeds to pass the
following:
ORDER
i) The appeal filed by the Petitioner is
dismissed .
ii) In view of disposal of the appeal, the
pending interlocutory applications, if any,
stand disposed of.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026
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MFA No. 102805 of 2022
CNR: KAHC020091132022
iii) Registry to transmit the TCR to the
Tribunal forthwith.
(K.G.SHANTHI)
JUDGE
SSP
List No.: 1 Sl No.: 33
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026