Suresh Kumar M S v. Nagesh G
Case brief
What is this about?
The High Court of Karnataka decided two connected motor accident appeals arising from the same award. The Tribunal had awarded Rs 5,17,166 and held the owner liable, absolving the insurer because the driver's licence was not current on the accident date. The claimant appealed for higher compensation; the owner challenged the insurer's absolution. Relying on Reliance General Insurance Co. Ltd. v. Om Prakash (2026 SCC OnLine SC 1445), the court held that the insurer must pay the claimant first and may then recover from the insured. It enhanced compensation to Rs 6,24,657 by increasing pain and suffering from Rs 30,000 to Rs 60,000, adding Rs 52,491 for loss of income during the three-month lay-up period, and raising loss of amenities from Rs 25,000 to Rs 50,000. The claimant's appeal was all
What did the court decide?
Enhanced compensation of Rs 6,24,657 with interest at 6% p.a. from date of petition till realisation, excluding 233 days delay in filing appeal; insurer to pay in first instance and recover from insured; balance amount to be deposited before Tribunal within six weeks for disbursal to claimant.