M Narayanaswamy Vs Nandakumar N S — Motor Accident Claims | Karnataka HC (2026)

M Narayanaswamy Vs Nandakumar N S — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

None; all three appeals dismissed - MFA No. 451/2023 dismissed as withdrawn, MFA No. 707/2021 dismissed (no ground to enhance compensation), MFA No. 614/2021 dismissed (no ground to reduce compensation); amount in deposit to be remitted to the Tribunal for disbursement in terms of the Award.

Issue for consideration

Whether the compensation awarded by the Tribunal in MVC No.1265/2018 ought to be enhanced, as sought by the claimant. +1 more

Court's answer

In MFA No.707/2021, the Court found no ground to enhance the compensation amount, noting the Tribunal's finding that the claimant suffered no fracture but only minor injuries and was discharged the same day; the appeal was dismissed.

Ratio / Principle

In MFA No.451/2023, the memo seeking leave to withdraw the appeal was taken on record and the appeal was dismissed as withdrawn.

Key takeaways

In MFA No.614/2021, the Court held there were no grounds to reduce the compensation awarded by the Tribunal; the insurer's appeal was dismissed.ratio¶90
The amount in deposit in these appeals is to be remitted to the Tribunal for disbursement in terms of the Award.ratio¶93

Detailed headnote1 paragraphs

Motor Vehicles Accident Compensation - Enhancement / Reduction - High Court of Karnataka, Bengaluru (Division Bench: D K Singh and T.M.Nadaf, JJ.), oral judgment dated 24.03.2026 (NC: 2026:KHC:16706-DB) - Three connected appeals under Section 173(1) of the MV Act against the common judgment and award dated 18.06.2020 of the IV Additional District and Sessions Judge and MACT, Mysuru in MVC No.1265/2018, whereby the claim petition of M Narayanaswamy was partly allowed and compensation of Rs. 90,052 with interest at 6% p.a. was awarded. MFA No. 451/2023 (claimant's enhancement appeal) was permitted to be withdrawn and dismissed as withdrawn. MFA No. 707/2021 (claimant's enhancement appeal) was dismissed: the Division Bench noted the Tribunal's finding that the claimant suffered no fracture, only minor injuries, and was discharged from hospital the same day, and found no ground to enhance compensation. MFA No. 614/2021 (Oriental Insurance Company's appeal for setting aside / reduction) was dismissed: there were no grounds to reduce the compensation awarded by the Tribunal. The amount in deposit was ordered to be remitted to the Tribunal for disbursement in terms of the Award. No precedent was cited or relied upon.

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NC: 2026:KHC:16706-DB MFA No. 707 of 2021 C/W MFA No. 614 of 2021 MFA No. 451 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF MARCH, 2026

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH AND

THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 707 OF 2021 (MV-I)

C/W

MISCELLANEOUS FIRST APPEAL NO. 614 OF 2021 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 451 OF 2023 (MV-I) IN MFA No. 707/2021

BETWEEN:

M NARAYANASWAMY

S/O LATE MAHADEVAIAH

AGED 66 YEARS

R/AT 362 NEW LAYOUT,

NORTH EAST EXTENSION,

Digitally signed by REKHA R Location: High Court of Karnataka

N.R. MOHALLA, MYSURU-570007.

(BY SRI. SYED ABDUL SABOOR.,ADVOCATE)

AND:

…APPELLANT

NANDAKUMAR N S

S/O LATE N SHIVARUDRAPPA AGED ABOUT 47 YEARS R/OF 3077/3, GOKULAM PARK ROAD,

N.R. NIRMAL CONVENT, V.V. MOHALLA, MYSURU-570002.

2 - NC: 2026:KHC:16706-DB MFA No. 707 of 2021 C/W MFA No. 614 of 2021 MFA No. 451 of 2023

HC-KAR

THE MANAGER

THE ORIENTAL INSURENCE CO.LTD MUSLIM BUILDING IN FRONT OF FIRE BRIGADE 1^ST STAGE SRASWATHIPURAM

MYSURU - 570 009.

…RESPONDENTS

(VIDE ORDER DATED 27.11.2025; NOTICE TO R1 IS DISPENSED WITH; SRI. A N KRISHNA SWAMY., ADVOCATE FOR R2)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.06.2020 PASSED IN MVC NO. 1265/2018 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

IN MFA NO. 614/2021

BETWEEN:

THE BRANCH MANAGER, ORIENTAL INS CO. LTD., DIVISION OFFICE, MUSLIM COMPLEX, 1^ST MAIN, SARASWATIPURAM, MYSURU,

NOW REPRESENTED BY THE MANAGER, ORIENTAL INS CO LTD.,

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NC: 2026:KHC:16706-DB MFA No. 707 of 2021 C/W MFA No. 614 of 2021 MFA No. 451 of 2023

HC-KAR

REGIONAL OFFICE, NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BENGALURU-560 025.

...APPELLANT

(BY SRI. A N KRISHNA SWAMY.,ADVOCATE)

AND:

M NARAYANASWAMY S/O. LATE MAHADEVAIAH, AGED ABOUT 66 YEARS, R/AT 362, NEW LAYOUT, NORTH EAST EXTENSION, N.R. MOHALLA, MYSURU-570 007.

NANDAKUMAR. N. S. S/O. LATE N. SHIVARUDRAPPA, AGED ABOUT 47 YEARS, NO.3077/3, GOKULAM PARK ROAD, N.R. NIRMALA CONVENT, V.V. MOHALLA, MYSURU-570 002.

...RESPONDENTS

(BY MS. SUCHITHRA., AND SRI. S RUPESH KUMAR ADVOCATE FOR R1; SRI. MILASH ARROL NORONHA., ADVOCATE FOR R2)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST

THE JUDGMENT AND AWARD DATED 18.06.2020 PASSED IN MVC NO.1265/2018 ON THE FILE OF THE IV

4 - NC: 2026:KHC:16706-DB MFA No. 707 of 2021 C/W MFA No. 614 of 2021 MFA No. 451 of 2023

HC-KAR

ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, MYSURU, AWARDING COMPENSATION OF RS. 90,052/WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF THE PETITION TILL COMPLETE REALIZATION.

IN MFA NO. 451/2023

BETWEEN:

SRI M NARAYANASWAMY S/O LATE MAHADEVAIAH AGED ABOUT 68 YEARS R/AT NO. 362 NEW LAYOUT NORTH EAST EXTENSION N R MOHALLA MYSURU -570007.

...APPELLANT

(BY SRI. RUPESH KUMAR S.,ADVOCATE)

AND:

SRI NANDAKUMAR N S S/O LATE N SHIVARUDRAPPA AGED ABOUT 49 YEARS R/AT NO. 3077/3 GOKULAM ROAD N R NIRMALA CONVENT V V MOHALLA MYSURU -570002.

5 - NC: 2026:KHC:16706-DB MFA No. 707 of 2021 C/W MFA No. 614 of 2021 MFA No. 451 of 2023

HC-KAR

THE MANAGER

THE ORIENTAL INSURANCE CO LTD

BRANCH OFFICE MUSLIM BUILDING IN FRONT OF FIRE BRIGADE 1^ST STAGE SARASWATHIPURAM MYSURU -560009.

...RESPONDENTS

(BY SRI. MILASH ARROL NORONHA.,ADVOCATE FOR R1; VIDE ORDER DATED 08.06.2023;

SRI.JANARDHANA REDDY IS DIRECTED TO TAKE NOTICE TO R2 )

THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED18.06.2020 PASSED IN

MVC NO.1265/2018 ON THE FILE OF THE IV ADDITIONAL

DISTRICT AND SESSIONS JUDGE, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

6 - NC: 2026:KHC:16706-DB MFA No. 707 of 2021 C/W MFA No. 614 of 2021 MFA No. 451 of 2023

HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

In MFA No.451/2023 :

Learned counsel for the appellant has filed a memo seeking leave to withdraw the appeal.

The memo is taken on record and the appeal is dismissed as withdrawn.

In MFA No.707/2021 :

This appeal is by the claimant against the Judgment and Award dated 18.06.2020 in MVC No.1265/2018 on the file of the IV Additional District and Sessions Judge and MACT, Mysuru seeking enhancement of compensation.

The Tribunal has considered the case on merits and has granted just compensation indicating that the claimant did not suffer any fracture but only minor injuries was caused in the accident and he was discharged from the hospital on the same day.

Therefore, we do not find any ground to enhance the compensation amount.

This appeal is dismissed.

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NC: 2026:KHC:16706-DB MFA No. 707 of 2021 C/W MFA No. 614 of 2021 MFA No. 451 of 2023

HC-KAR

In MFA No.614/2021 :

This appeal is by the Insurance Company seeking to set aside the Judgment and Award dated 18.06.2020 in MVC No.1265/2018 on the file of the IV Additional District and Sessions Judge and MACT, Mysuru.

There are no grounds to reduce the compensation

awarded by the Tribunal.

This appeal is dismissed.

The amount in deposit in these appeals is to be

remitted to the Tribunal for disbursement in terms of the

Award.

Sd/(D K SINGH) JUDGE

Sd/(T.M.NADAF) JUDGE

AN/-