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2026 DAILYLAW 30927 (KAR)

THE NEW INDIA ASSURANCE CO LTD v. V NARAYANA

MFA/660/2020 · 2026-07-20

Rajesh Rai K

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010509402019 NC: 2026:KHC:37452 MFA No. 660 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 660 OF 2020 (MV-I) BETWEEN: THE NEW INDIA ASSURANCE CO LTD., REGIONAL OFFICE NO.9/2, MAHALAKSHMI CHAMBERS M.G ROAD, BANGALORE-560 001 REP BY IS MANAGER …APPELLANT (BY SRI. B.R. VENKATESH KAMATH, ADVOCATE) AND: 1. V NARAYANA S/O VENKATARAMANAPPA NOW AGED ABOUT 39 YEARS R/AT NO.10/61, 2ND FLOOR 3RD MAIN, 8TH B CROSS BSK 3RD STAGE SRINIVASANAGARA BENGALURU-560 085 2. GIRIJAMMA W/O MARIYAPPA R/AT NO.23, 7TH CROSS 3RD BLOCK, N.R KRISHNA COMMUNITY HALL, AYYAPPANAGAR K.R PURAM, BANGALORE-560 036 …RESPONDENTS (NOTICE TO R1 & R2 ARE SERVED & UNREPRESENTED) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010509402019 NC: 2026:KHC:37452 MFA No. 660 of 2020 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.01.07.2019 PASSED IN MVC NO.4424/2016 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-11), AWARDING COMPENSATION OF RS.2,00,000/- WITH INTEREST AT 9 PER CENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The insurance company has preferred this appeal against the judgment and award dated 01.07.2019 passed in M.V.C.No.4424/2016 by the Motor Accident Claims Tribunal, Bangalore (SCCH - 11) (for brevity, 'the Tribunal'), questioning the compensation awarded by the Tribunal. 2. It is contended by the learned counsel for the appellant - insurance company that medial bills produced by the claimant at Ex.P12 i.e., 55 medical bills amounting to Rs.1,60,415/- are disputed by the insurance company before the Tribunal. However, the said aspect was not been considered by the Tribunal. As such, he prays to allow the appeal by setting aside the impugned judgment and award. - 3 - HC-KAR CNR: KAHC010509402019 NC: 2026:KHC:37452 MFA No. 660 of 2020 3. Though notice was served to the respondents, they remained unrepresented. 4. I have given my anxious consideration on the submission made by the learned counsel for the appellant so also perused the materials available on record. 5. As could be gathered from records, the claimant examined himself as PW.1 and in his evidence, he produced 55 medical bills, which were marked as Ex.P12 along with discharge summary i.e., Exs.P9 to P11. The medical bills produced by the claimant depicts that the same belongs to the one Shekar hospital, Jayanagara, Bengaluru, where the claimants took treatment as inpatient from 22.02.2016 to 05.03.2016. The accident in question and the injuries sustained by the claimant in the hospital are not seriously disputed by the insurance company. 6. Moreover, the insurance company has not examined any witness to disprove the credibility of the bills i.e., Ex.P12. In such circumstance, I am of the considered view that the Tribunal is justified in considering the bills at Ex.P12 and - 4 - HC-KAR CNR: KAHC010509402019 NC: 2026:KHC:37452 MFA No. 660 of 2020 awarding the global compensation of Rs.2,00,000/-. However, the Tribunal awarded 9% interest for the compensation awarded, in view of the judgment of the Division Bench of this Court in the case of Ms. Joyeeta Bose and others vs. Venkateshan V., and others in M.F.A.No.5896/2018, wherein it is held that 6% interest has to be awarded for the compensation in the Motor Accident Claims. Accordingly, the interest awarded by the Tribunal is liable to be modified into 6%. Accordingly, the appeal is allowed in part. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 28