Karnataka HC Upholds ₹55,940 Accident Compensation Award, Rejecting Car Owner’s Bid Over Unproved Repair Bills

The appellant’s car was damaged in a collision with the respondents’ car on 12 February 2015. He claimed ₹1,60,876 towards repairs, while ₹80,000 had already been paid by Oriental Insurance Company.

The Tribunal awarded ₹53,940 for repair costs, representing the balance of the surveyor’s assessed loss of ₹1,33,940 after deducting the prior payment, and ₹2,000 for loss of earnings during the vehicle’s idle period. The appellant appealed, seeking enhancement of compensation.

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988.

The surveyor’s assessment was considered against the repair bills, which the Court found had not been proved through examination of their authors.

The Court accepted the surveyor’s assessment of ₹1,33,940 and noted that the appellant had already received ₹80,000 from Oriental Insurance Company.

Although the appellant produced repair bills for a higher amount, their evidentiary value was not established because their authors were not examined.

The Court therefore found the Tribunal justified in awarding the remaining ₹53,940 for repairs, together with ₹2,000 for loss of earnings during the idle period, and found no basis to enhance the award.

Pending interlocutory applications were disposed of, and the Tribunal’s record was ordered to be transmitted back.