Sri. Nagesh G v. the Oriental Insurance Co. Ltd.
Case brief
What is this about?
The High Court of Karnataka heard two cross-appeals arising from a motor accident claim. The Tribunal had awarded Rs.5,17,166/- compensation, holding the vehicle owner liable but absolving the insurer because the driver's licence was not current at the time of the accident. The claimant appealed for enhancement; 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 the insurer primarily liable to pay compensation and entitled to recover from the owner. The Court enhanced compensation to Rs.6,24,657/-, increasing pain and suffering to Rs.60,000/-, loss of income during lay-up to Rs.52,491/-, and loss of amenities to Rs.50,000/-, with interest at 6% per annum from the date of petition, excluding 2
What did the court decide?
Enhanced compensation of Rs.6,24,657/- with interest @ 6% p.a. from date of petition till realization, excluding 233 days' delay in filing appeal; insurer primarily liable and entitled to recover from owner; balance amount to be deposited before Tribunal within six weeks for disbursal to claimant.