IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF FEBRUARY, 2026 BEFORE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 1824 OF 2018 (MV-DM)

BETWEEN:

1. THE MANAGER SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.10003- E-8, RIICO INDUSTRIAL AREA SITIAPURA, JAIPUR RAJASTHAN - 303 022.

2. THE BRANCH MANAGER SHRIRAM GENERAL INSURANCE COMPANY LTD NO.1056, KAVITHA VILAS, 2ND FLOOR, VANIVILAS ROAD, MYSORE - 570 001.

NOW REPRESENTED BY THE MANAGER M/S. SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR S.V. ARCADE, BILAKAHALLI MAIN ROAD OFF B.G. ROAD, IIM POST BANGALORE - 560 076.

…APPELLANTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE)

AND:

1. K.A. UTHAPPA S/O K.K. APPACHU NOW AGED ABOUT 56 YEARS, S/O KUNJILA VILLAGE, MADIKERI TALUK KODAGU DISTRICT - 571 201.

2. D.R. SURENDRA S/O D.A. RAJU AGED ABOUT 38 YEARS, BANAVARA (GADIKALLU)

SOMAWARAPET TALUK, KODAGU DISTRICT - 571 201.

3. DEVARAJU S/O NAGENDRA, MAJOR NO.2954, K.R. PET TOWN MANDYA DISTRICT - 571 401.

4. GURUPRASAD S/O THAMMEGOWDA AGED ABOUT 33 YEARS, KUDIGE KOPPALU VILLAGE SOMAWARAPET TALUK KODAGU DISTRICT.

(GPA HOLDER OF THE REGISTERED OWNER OF THE TRIPPER LORRY NO. KA.02-D-9444)

5. THE MANAGER THE NEW INDIA ASSURANCE COMPANY LTD., NEAR STATE BANK OF INDIA, COLLEGE ROAD, MADIKERI - 571 201.

…RESPONDENTS (BY SRI. CHETHAN C, ADVOCATE FOR SRI. B.S. PRASAD, ADVOCATE FOR R1;

SRI. K. KISHORE KUMAR REDDY, ADVOCATE FOR R5;

R2 TO R4 ARE SERVED AND UNREPRESENTED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.10.2017 PASSED IN MVC NO.205/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT, MADIKERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

1. The present appeal has been filed under Section 173(1) of the Motor Vehicles Act, 1988, seeks to challenge Judgment and Award dated 27.10.2017 in MVC No.205/2015, passed by the Senior Civil Judge and MACT at Madikeri [hereinafter referred to as the “Impugned Award”]. By the Impugned Award, a sum of Rs.2,29,801/- has been granted to the respondent No.1/claimant for damage to his vehicle being Eicher Lorry bearing number KA-12-A-1746.

2. None appears for respondents No.2 to 5 despite service. Given the pendency of this matter since the year 2018, this Court finds it apposite to hear and decide the petition today.

3. The facts relevant for adjudication of the present appeal are that on 17.04.2012 at around 04.30 p.m., the respondent No.1/claimant was driving his Eicher Lorry bearing No.KA-12-A-1746, being driven in a rash and negligent manner, entered into Bantwal-Mysore State Highway and collided with the lorry of the appellant/Insurance Company. Due to the accident, the damage was caused to the vehicle of the claimant. The respondent No.1/claimant filed a claim against his insurer New India Assurance Co. Ltd./respondent No.5 seeking compensation for damage caused to his vehicle. In pursuance of this claim and since the appellant/Insurance Company had a package policy and not a comprehensive policy, respondent No.5 paid an amount of Rs.2,02,000/- to the respondent No.1/claimant. Aggrieved by this payment and since the respondent No.1/claimant had spent Rs.5,34,940/- to repair the vehicle and Rs.5,000/- as additional amount towards towing charges and conveyance, the respondent No.1/claimant filed a petition before the Kodagu District Consumer Disputes Redressal Forum, Madikeri in C.C. No.58/2014 (hereinafter referred to as ‘the Consumer Complaint’) for recovery of the amount.

4. During the pendency of the Consumer Complaint, respondent No.5 made payment of an additional amount of Rs.68,199/- to the respondent No.1/claimant. The respondent No.1/claimant has thereafter filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for the damage caused to the lorry. The insurance company which had i