Citation : 2026 Latest Caselaw 549 Kant
Judgement Date : 27 January, 2026
-1-
NC: 2026:KHC-K:600
MFA No. 202552 of 2023
C/W MFA No. 202294 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 202552 OF 2023 (MV-I)
C/W
MISCL. FIRST APPEAL NO. 202294 OF 2023 (MV-I)
IN MFA No. 202552/2023:
BETWEEN:
THE LEGAL MANAGER,
SHRIRAM GENERAL INSURANCE CO. LTD.,
E-8, EPIP, R II COMPANY INDUSTRIAL AREA,
SITAPUR, JAIPUR-302 022,
PRESENTLY REPRESENTED BY ITS,
Digitally signed SHRIRAM GENERAL INSURANCE CO. LTD.,
by LUCYGRACE NO.3/4, 3RD FLOOR, S V ARCADE BELEKAHALLI MAIN
Location: HIGH ROAD, OFF BHANNERUGHATTA ROAD,
COURT OF IIMB POST, BENGALURU-560 076.
KARNATAKA
...APPELLANT
(BY SRI. SUDARSHAN M., ADVOCATE)
AND:
1. VEERESH REDDY S/O SIDDAM REDDY,
AGE: 25 YEARS, OCC: BUSINESS,
R/O H.NO.4-13, NEAR HIREMATH REDDY AREA, SAGAR,
TQ. SHAHAPUR, DIST. YADGIR,
NOW RESIDING AT KOLLUR VILLAGE,
TQ. CHITTAPUR-585 211 DIST. KALABURAGI.
-2-
NC: 2026:KHC-K:600
MFA No. 202552 of 2023
C/W MFA No. 202294 of 2023
HC-KAR
2. JULAKANTA NAGAMANI W/O GURAVREDDY,
AGE: MAJOR, OCC:BUSINESS,
R/O NO.,7-56-2, NEAR OLD PRF OFFICE, SUNNABHATTI
STREET KURNOOL-518 001,
DIST. OGOOLE PRAKASHA,
ANDHRA PRADESH
...RESPONDENTS
(R1 AND R2 ARE SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND
AWARD DATED 28.11.2022 PASSED IN MVC NO.663/2020 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND MACT CHITTAPUR. AND
PASS SUCH OTHER ORDERS/RELIEFS AS THIS HON'BLE COURT
DEEMS FIT AND PROPER IN THE FACTS CIRCUMSTANCES OF THE
CASE.
IN MFA NO. 202294/2023:
BETWEEN:
VEERESH REDDY S/O SIDDARAM REDDY,
AGE: 26 YEARS, OCC: BUSINESS,
R/O NO.4-13, NEAR HIREMATH REDDY AREA, SAGAR,
TQ. SHAHAPUR, DIST. YADGIR,
NOW AT KOLLUR, TQ. CHITTAPUR,
DIST.KALABURAGI.
...APPELLANT
(BY SMT. T. S. JUNAIDI, ADVOCATE)
AND:
1. JULAKANTA NAGAMANI W/O GURAVREDDY,
AGE: MAJOR, OCC: BUSINESS,
R/O NO.7-56-2, NEAR OLD PRF OFFICE,
SUNNABHATTI STREET, KURNOOL OGOOLE PRAKASHAM
DISTRICT, ANDHRA PRADESH-518 001.
2. THE LEGAL MANAGER,
SHRIRAM GENERAL INSURANCE CO. LTD.,
-3-
NC: 2026:KHC-K:600
MFA No. 202552 of 2023
C/W MFA No. 202294 of 2023
HC-KAR
E-8, EPIP, RIICO INDUSTRIAL AREA, SITAPUR,
JAIPUR-302 022.
...RESPONDENTS
(R2 SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 28.11.2022 PASSED BY THE LEARNED SENIOR
CIVIL JUDGE AND MACT AT CHITTAPUR IN MVC NO.663/2020
BY ENHANCING THE COMPENSATION AMOUNT AS PRAYED
FOR. AND HOLD BOTH THE RESPONDENTS JOINTLY AND
SEVERALLY LIABLE TO PAY THE ENHANCED COMPENSATION
TO THE APPELLANT.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
1. Heard the learned counsel for the parties.
2. These appeals are arising out of the Judgment
and award dated 28.11.2022 passed in MVC No.663/2020 by
the Senior Civil Judge and MACT, Chittapur, (for short 'the
Tribunal') awarding compensation to the claimant.
3. For the sake of convenience, the parties will be
referred to as per their ranking before the Tribunal.
NC: 2026:KHC-K:600
HC-KAR
4. It is the case of the claimants that, the claimant
was proceeding in a car bearing registration No.KA-33/A-
8213 towards Goa and when the said vehicle while crossing
Hirebannigol cross near Gajendraghad, the driver of the
offending vehicle i.e. lorry bearing registration No.AP-27/TZ-
1155 came from opposite direction in a rash and negligent
manner and dashed against the car of the petitioner and as a
result of the same, the claimant sustained grievous injuries
and the vehicle of the claimant was severely damaged.
Hence, the claimant has filed MVC No.663/2020 seeking
compensation for the damage caused to the car.
5. After service of notice, the respondent entered
appearance and contested the matter. In order to establish
his case, the claimant has examined himself as P.W.1 and
produced 14 documents as Ex.P.1 to Ex.P.14. No oral and
documentary evidence was adduced by the respondent side.
The Tribunal after considering the material on record by its
Judgment and award dated 28.11.2022 awarded
compensation of Rs.8,68,000/- along with interest at the
NC: 2026:KHC-K:600
HC-KAR
rate of 6% per annum from the date of petition till the date
of deposit.
6. Having taken note of the submission made by the
learned counsel for the parties, these appeals are filed as to
the damage caused to the car bearing registration No.KA-
33/A-8213. It is also to be noted that, though the claimant
has not examined any surveyor as to assess the damage
caused to the car in question, however, the photograph
speaks for damage to the vehicle in question.
7. Taking into consideration the photograph
produced at Ex.P.7 and as such, other documents marked by
the claimant, I am of the view that, no interference is called
for in these appeals and accordingly, the Judgment and
award dated 28.11.2022 passed by the Tribunal is hereby
confirmed.
8. Accordingly, the following:
ORDER
(i) Both appeals are dismissed;
NC: 2026:KHC-K:600
HC-KAR
(ii) The amount in deposit be transmitted
to the Tribunal, forthwith.
Sd/-
(E.S.INDIRESH) JUDGE
SVH List No.: 1 Sl No.: 6
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