Allowed¶41

Legal Manager v. Sri. Nagaraju. R

Motor Vehicles Act, 1988 – S.173(1)

Karnataka HC17 Jul 2026MFA/6566/2018

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Case brief

AI extract

What is this about?

Karnataka High Court, MFA No.6566 of 2018 (MV-I), CNR KAHC010440852018, decided 17.07.2026 by Hon'ble Mrs. Justice P Sree Sudha — Reliance General Insurance Co. Ltd. v. Nagaraju R. & Anr. — insurer's appeal under S.173(1) MV Act against MACT-3 Bengaluru award in MVC No.3595/2016; compensation reduction; pain and suffering reduced from Rs.1,00,000 to Rs.50,000 (three injuries, one-day inpatient, Ex.P8); total reduced Rs.5,50,500 to Rs.5,00,500; interest modified to 6% p.a.; accident dated 22.09.2014.

What did the court decide?

Appeal allowed; total compensation reduced from Rs.5,50,500/- to Rs.5,00,500/-; insurer to deposit the balance with interest at 6% p.a. within one month; claimant permitted to withdraw the entire deposited amount with accrued interest. ¶41

Legal Manager Vs Sri. Nagaraju. R — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the compensation awarded by the Tribunal was excessive, particularly the Rs.1,00,000/- granted towards pain and suffering/agony, warranting reduction. +1 more

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Court's answer

The Rs.1,00,000/- granted by the Tribunal towards pain and agony is reduced to Rs.50,000/-, the Court finding it just and reasonable to do so since the injured sustained three injuries and was an inpatient for only one day as per Ex.P8; the amounts granted under the other heads are just and reasonable.

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Ratio / Principle

The total compensation granted by the Tribunal is reduced from Rs.5,50,500/- to Rs.5,00,500/-.

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Key takeaways

The Insurance Company, having already deposited 50% of the compensation, is directed to deposit the balance compensation along with interest at the rate of 6% p.a. within one month from the date of the order.ratio¶42
On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on the same.ratio¶43

Detailed headnote1 paragraphs

Motor Vehicles Act, 1988 — S.173(1) — Insurer's miscellaneous first appeal against the judgment and award dated 26/03/2018 in MVC No.3595/2016 (MACT-3, Bengaluru) awarding the injured claimant (accident of 22.09.2014) Rs.5,50,500/- with interest at 8% p.a. — Held: the Rs.1,00,000/- granted towards pain and suffering is reduced to Rs.50,000/- as the injured sustained three injuries and was an inpatient for only one day as per Ex.P8; the amounts under the other heads, including the undisputed Rs.3,31,500/- towards loss of future income, are just and reasonable; total compensation reduced from Rs.5,50,500/- to Rs.5,00,500/-; appeal allowed; the Insurance Company, having already deposited 50%, directed to deposit the balance with interest at 6% p.a. within one month, whereupon the claimant may withdraw the entire amount with accrued interest.

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HC-KAR NC: 2026:KHC:37591 MFA No. 6566 of 2018

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CNR: KAHC010440852018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.6566 OF 2018(MV-I)

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BETWEEN:

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LEGAL MANAGER RELIANCE GENERAL INSURANCE CO. LTD., REGIONAL OFFICE, EAST WING, NO.28 NEAR CITY BANK, 5^TH FLOOR CENTENARY BUILDING, M.G. ROAD BENGALURU-560 001

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…APPELLANT

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(BY SRI PRADEEP B., ADVOCATE)

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AND:

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Digitally signed by PADMASHREE SHEKHAR DESAI

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Location: High Court of Karnataka

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SRI NAGARAJU R. S/O. RANGASWAMAIAH AGED ABOUT 32 YEARS R/AT NO.219, NUGALIPALYA ULLAL MAIN ROAD VISHWESHWARAIAH 6^TH PHASE BENGALURU-560 056

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SRI PURUSHOTHAM N. S/O. NANJAPPA NO.204, SULIKATTE PALYA GIDADA PLAYA, YALACHANAKOPPE TAVAREKERE POST BENGALURU-562 130

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…RESPONDENTS

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(BY SRI JAGADEESH H. T., ADVOCATE FOR R-1, R-2 IS SERVED, UNREPRESENTED)

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HC-KAR

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NC: 2026:KHC:37591 MFA No. 6566 of 2018

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CNR: KAHC010440852018

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THIS MFA IS FILED U/S. 173(1) OF MV ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 26/03/2018, PASSED IN MVC NO.3595/2016, ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE & XXXII ACMM., MEMBER, MACT-3, BENGALURU, AWARDING COMPENSATION OF RS.5,50,500/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.

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

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 26.03.2018, passed in MVC No.3595/2016, on the file of the VII Additional Small Causes Judge & XXXII ACMM., MEMBER, MACT-3, Bengaluru, for enhancing the compensation.

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Heard the arguments of the learned counsel for

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the appellant and learned counsel for respondent No.1. The ranks of the parties are retained as per tribunal for the sake of convenience.

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HC-KAR

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NC: 2026:KHC:37591 MFA No. 6566 of 2018

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CNR: KAHC010440852018

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Injured claimant met with an accident on 22.09.2014 and filed claim petition claiming compensation of Rs.10 lakhs. The Tribunal considering the entire evidence on record granted an amount of Rs.5,50,500/- along with interest at the rate of 8% p.a., from the date of petition till disposal.

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4. Aggrieved by the said order, Legal Manager of the Reliance General Insurance Co. Ltd., filed this appeal and mainly contended that the Tribunal granted higher compensation under the heads pain and suffering, loss of the income during laid up period and the amenities. The Tribunal has taken the disability of 25%. Though PW2 is not a treated doctor, higher compensation is granted under the head loss of future income. He has not undergone any surgery and he was treated conservatively. Interest is to be modified to 6%. Thus requested for reduction of the compensation. There is no dispute regarding granting of amount of Rs.3,31,500/- under the head loss of future income. The main contention of the appellant counsel is that, Rs.1,00,000/- is granted towards pain and agony, but injured sustained 3 injuries and was inpatient only for 1 day as per Ex.P8. Therefore, this court finds that it is

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4 - NC: 2026:KHC:37591 MFA No. 6566 of 2018

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HC-KAR

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CNR: KAHC010440852018

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just and reasonable to reduce the same to Rs.50,000. The other amounts granted by the other heads are just and reasonable.

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Therefore, the total compensation granted by tribunal is reduced from Rs.5,50,500/- to Rs.5,00,500/-.

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Accordingly, this appeal is hereby allowed .

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Insurance Company has already deposited 50% of the compensation and they are directed to deposit the balance compensation, along with interest at the rate of 6% p.a., within one month from the date of this order.

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On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same

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Sd/(P SREE SUDHA) JUDGE

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AKV

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List No.: 2 Sl No.: 40

Legal Manager v. Sri. Nagaraju. R

Case brief

What is this about?

What did the court decide?

Legal Manager v. Sri. Nagaraju. R

Case brief

What is this about?

What did the court decide?

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What the court decided

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