Karnataka High Court
Sri.Naganagouda S/O Fakkiragouda ... vs Sri.Vijay S/O Pandurang Bhaibalkar on 26 March, 2025
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MFA No. 103535 of 2015
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 26TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE UMESH M ADIGA
MFA NO. 103535 OF 2015 (MV)
BETWEEN:
SRI. NAGANAGOUDA S/O. FAKKIRAGOUDA PATIL,
AGE 38 YEARS, OCC: AGRICULTURE,
R/O. BUDAPANAHALLI, TQ: BYADAGI, DIST: HAVERI.
... APPELLANT
(BY SRI. ANKIT DESAI, ADV. FOR
SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
AND:
1. SRI. VIJAY S/O. PANDURANG BHAIBALKAR,
AGE MAJOR, OCC: BUSINESS,
R/O. MOHI, TALUK: KHED,
DIST: PUNE, STATE: MAHARASHTRA.
2. THE LEGAL CLAIMING MANAGER, CHOLAMANDALAM,
M.S.GENERAL INSURANCE COMPANY LIMITED,
Digitally signed by
1ST FLOOR, KALABURGI COMPLEX,
VISHAL NINGAPPA DESHPANDE NAGAR, HUBBALLI.
PATTIHAL
Location: High 3. MANAGER, CHOLAMANDALAM,
Court of Karnataka,
Dharwad Bench M.S.GENERAL INSURANCE COMPANY LIMITED,
REGD./HEAD OFFICE: DARE HOUSE, 2ND FLOOR,
NSC BOSE ROAD, CHENNAI-600001, INDIA
... RESPONDENTS
(BY SRI. SUBHASH J. BADDI, ADV. FOR R2 & R3;
NOTICE TO R1 IS DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS AND
MODIFY THE JUDGMENT AND AWARD DATED 08.07.2014 IN M.V.C
NO.555/2011 PASSED BY THE SENIOR CIVIL JUDGE AND I.T COURT
AND AMACT, BYADAGI BY ENHANCING THE COMPENSATION
REASONABLY AND ADEQUATELY, IN THE INTEREST OF JUSTICE AND
EQUITY.
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MFA No. 103535 of 2015
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA)
1. This appeal is filed by the claimant challenging
the judgment and award dated 08.07.2014 passed in MVC
No.555/2011 by the Senior Civil Judge & I.T Court &
AMACT, Byadagi (for short "the Tribunal") seeking an
enhancement of compensation.
2. It is the case of the claimant that, the claimant is
the owner of tractor bearing registration No.KA-27/T-390.
On 02.06.2011 at about 3:50 p.m. the driver of the tractor
parked the same on P.B. Road near Chetra Village Petrol
Pump, opposite to Police outpost. At that time, a lorry
bearing registration No.MH-14/BJ-3070 belonging to
respondent No.1 driven by its driver in a rash and negligent
manner collided against the tractor, resulting in severe
damages to the tractor. It is further case of the claimant
that, he was using the said tractor for agricultural
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operations. Due to the damage caused, he is unable to use
the tractor. He claims to have spent more than
Rs.5,50,000/- on repairs.. Accordingly, he prays for an
award of compensation.
3. Respondent Nos.2 and 3 filed a written
statement denying the contention of the claimant. It is
stated that the liability is subject to the terms and
conditions of the policy of insurance and holding of valid
and effective driving licence by the driver of the lorry. No
documents are produced to prove the cost of report as
Rs.5,50,000/-. Hence, prayed to dismiss the petition.
4. Based on the rival contentions of the parties, the
Tribunal framed the necessary issues.
5. To prove his case, the claimant examined two
witnesses as PW1 and PW2 and got marked 11 documents
as Exs.P1 to P11.
6. After hearing both parties and on appreciating
the pleadings and evidence, the Tribunal by the impugned
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judgment and award, awarded compensation of
Rs.60,000/- with interest at the rate of 6% p.a.
7. Being aggrieved by the said judgment and
award, the claimant preferred this appeal on the grounds
mentioned in the appeal memo.
8. Heard the arguments of the learned counsel
appearing for both sides.
9. Learned counsel for the appellant submits that
due to the accident, the tractor was completely damaged.
The claimant has submitted a survey report, which
indicates that the repair cost of the tractor is Rs.95,000/-
However, the Tribunal awarded a lesser amount of
compensation. Hence, he prays for an enhancement of the
amount of compensation.
submits that the claimant has not produced the receipts for
the actual repair of the tractor. The documents placed on
record are insufficient to establish that he incurred
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expenses more than Rs.95,000/- for repairs. The Tribunal
has duly considered the pleadings and evidence on record
and rightly awarded Rs.60,000/- with interest at the rate of
6% p.a., which does not call for any interference by this
Court.
11. According to the claimant, as per the survey
report, the total amount required for repairing the tractor
was Rs.95,000/-. The claimant could not produce the actual
receipts of repairs. The M.V. report also indicates that the
tractor was fully damaged. Hence, amount awarded by the
Tribunal is inadequate.
12. It is not in dispute that the tractor was damaged
due to the accident caused by the offending lorry. The
particulars of the vehicle indicate that it is an LMV vehicle,
specifically an HMT Tractor. Considering the contention of
the parties and the materials placed on record, it is deemed
just and appropriate to award an additional global
compensation of Rs.10,000/- in addition to the
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compensation awarded by the Tribunal. Accordingly, this
Court pass the following:
ORDER
(i) The appeal is allowed in part.
(ii) The impugned judgment and award dated
08.07.2014 passed in MVC No.555/2011 by
the Senior Civil Judge & I.T Court &
AMACT, Byadagi is modified.
(iii) The claimant is entitled to additional global
compensation of Rs.10,000/- in addition to
the compensation awarded by the Tribunal.
(iv) Respondent Nos.2 and 3 shall deposit the
amount of compensation within a period of
six weeks from the date of receipt of a
certified copy of this judgment.
(v) The order of deposit and release of the
compensation is as ordered by the
Tribunal.
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(vi) The Registry to send a copy of this
judgment to the Tribunal forthwith.
(vii) Draw award accordingly.
Sd/-
(UMESH M ADIGA)
JUDGE
VNP /CT-AN
