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Karnataka High Court
The Regional Manager vs Nanjegowda on 5 February, 2026
-1-
NC: 2026:KHC:6927
MFA No. 9258 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 9258 OF 2017 (MV-I)
BETWEEN:
THE REGIONAL MANAGER,
RELIANCE GENERAL INSURANCE
COMPANY LIMITED,
1ST FLOOR, KRUTHIKA ARCADE,
K.P.L.S.A.S., NO.329, 331
N.R.CIRCLE, HOLENARASIPURA ROAD,
HASSAN.
ALSO AT THE RELIANCE GENERAL
INSURANCE COMPANY LTD.,
EAST WING, 5TH FLOOR NO.28,
CENTENARY BUILDING, M.G.ROAD,
BENGALURU - 560 001.
NOW REPRESENTED BY MANAGER LEGAL.
...APPELLANT
Digitally signed by
PADMASHREE (BY SRI. ASHOK N. PATIL, ADVOCATE)
SHEKHAR DESAI
Location: High
Court of Karnataka AND:
1. NANJEGOWDA
S/O NARASINGEGOWDA,
AGED ABOUT 31 YEARS,
SHANTHIGRAMA,
SHANTHIGRAMA HOBLI,
HASSAN TALUK.
2. H.S.SHANKARA
-2-
NC: 2026:KHC:6927
MFA No. 9258 of 2017
HC-KAR
S/O SANNEGOWDA,
SRI SIDDESWARA KARUNA NILAYA,
RAGHUPATHI KOPPALU,
RAMANATHAPURA HOBLI,
ARAKALGUD TALUK,
HASSAN DISTRICT.
...RESPONDENTS
(R1 IS SERVED AND UNREPRESENTED;
VIDE ORDER DATED 18.01.2018, NOTICE TO R2 IS
DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 10.10.2017 PASSED IN MVC
NO.2012/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND MEMBER ADDITIONAL MACT, HASSAN, AWARDING
COMPENSATION OF RS.2,47,460/- WITH INTEREST AT THE
RATE OF 6% P.A. FROM THE DATE OF PETITION TILL
REALIZATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
Learned counsel for the appellant is present.
2. In spite of service of notice, the learned counsel
for the respondents did not turn up.
NC: 2026:KHC:6927
HC-KAR
3. This appeal is filed by the insurance company
under Section 173(1) of Motor Vehicles Act, 1988
challenging the judgment and award dated 10.10.2017
passed in MVC No.2012/2014 on the file of the Prl. Senior
Civil Judge and Member, Additional MACT, Hassan.
4. Heard the arguments of the learned counsel for
the appellant. The ranks of the parties are retained as per
Tribunal for the sake of convenience.
5. The petitioner/injured claimant met with an
accident on 29.04.2014 and filed a claim petition claiming
compensation of Rs.12,00,000/-. The Tribunal after
considering the entire evidence on record granted a sum
of Rs.2,47,460/- with interest at the rate of 6% per annum
from the date of the petition till its realisation. Aggrieved
by the said award, the insurance company has preferred
the present appeal.
6. It is stated that the Tribunal erred in
considering the advance bill for an amount of Rs.86,470/-,
NC: 2026:KHC:6927
HC-KAR
as the same was disputed during cross-examination.
Therefore, the amount of Rs.1,37,500/- awarded by the
Tribunal towards medical expenses is excessive. It is
further contended that the Tribunal erred in taking the
whole-body disability at 4%. Thus requested for reduction
of the compensation.
7. The petitioner sustained an injury to his right
middle finger, including a crush injury with poor distal
viability. On evaluation, the third digit of the right hand
was found to be gangrenous and was amputated.
Therefore, this Court finds that the assessment of 4%
disability to the right upper limb by the Tribunal is based
on a proper appreciation of the facts and it need not be
interfered. However, as per the medical documents on
record, the claimant is entitled only to a sum of
Rs.74,420/- towards medical expenses instead of
Rs.1,37,500/-. The amounts awarded under the other
heads needs no interference.
NC: 2026:KHC:6927
HC-KAR
8. Thus in all, compensation awarded by this Court
is as below:
Sl.Nos. Particulars Amount in Rs.
1 Towards loss of income due to 48,960/-
disability
2 Towards pain and suffering 25,000/-
3 Towards loss of incme during 6000/-
treatment period
4 Towards medical expenses 74,420/-
5 Towards loss of amenities 15,000/-
6 Towards food and nourishment 15,000/-
charges
Total 1,84,380/-
9. Hence, the compensation granted by the
Tribunal is reduced from Rs.2,47,460/- to Rs.1,84,380/-.
10. In the result, the following order is passed:
ORDER
i. Appeal is allowed in part.
ii. The judgment and award dated
10.10.2017 passed in MVC No.2012/2014
NC: 2026:KHC:6927
HC-KAR
on the file of the Prl. Senior Civil Judge
and Member, Additional MACT, Hassan, is
modified.
iii. The insurance company/appellant has
deposited only 50% of the compensation
amount before the Tribunal and is directed
to deposit the balance amount along with
the interest accrued on it within one month
from the date of this order.
iv. On such deposit, the petitioners are
permitted to withdraw the amount as per
the order of the Tribunal.
v. The amount in deposit shall be transferred
to the MACT.
Sd/-
(P SREE SUDHA)
JUDGE
AMA
List No.: 1 Sl No.: 88
