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High Court of Karnataka · body

2026 DAILYLAW 6338 (KAR)

M NARAYANASWAMY v. NANDAKUMAR N S

MFA/707/2021 · 2026-03-24

D K Singh, T M Nadaf

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:16706-DB MFA No. 707 of 2021 C/W MFA No. 614 of 2021 MFA No. 451 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH 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, N.R. MOHALLA, MYSURU-570007. …APPELLANT (BY SRI. SYED ABDUL SABOOR.,ADVOCATE) AND: 1. 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. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16706-DB MFA No. 707 of 2021 C/W MFA No. 614 of 2021 MFA No. 451 of 2023 2. THE MANAGER THE ORIENTAL INSURENCE CO.LTD MUSLIM BUILDING IN FRONT OF FIRE BRIGADE 1ST 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: 1. THE BRANCH MANAGER, ORIENTAL INS CO. LTD., DIVISION OFFICE, MUSLIM COMPLEX, 1ST MAIN, SARASWATIPURAM, MYSURU, NOW REPRESENTED BY THE MANAGER, ORIENTAL INS CO LTD., - 3 - HC-KAR NC: 2026:KHC:16706-DB MFA No. 707 of 2021 C/W MFA No. 614 of 2021 MFA No. 451 of 2023 REGIONAL OFFICE, NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BENGALURU-560 025. ...APPELLANT (BY SRI. A N KRISHNA SWAMY.,ADVOCATE) AND: 1. M NARAYANASWAMY S/O. LATE MAHADEVAIAH, AGED ABOUT 66 YEARS, R/AT 362, NEW LAYOUT, NORTH EAST EXTENSION, N.R. MOHALLA, MYSURU-570 007. 2. 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 - HC-KAR NC: 2026:KHC:16706-DB MFA No. 707 of 2021 C/W MFA No. 614 of 2021 MFA No. 451 of 2023 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: 1. 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 - HC-KAR NC: 2026:KHC:16706-DB MFA No. 707 of 2021 C/W MFA No. 614 of 2021 MFA No. 451 of 2023 2. THE MANAGER THE ORIENTAL INSURANCE CO LTD BRANCH OFFICE MUSLIM BUILDING IN FRONT OF FIRE BRIGADE 1ST 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 - HC-KAR NC: 2026:KHC:16706-DB MFA No. 707 of 2021 C/W MFA No. 614 of 2021 MFA No. 451 of 2023 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. 2. 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. 2. 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. 3. Therefore, we do not find any ground to enhance the compensation amount. 4. This appeal is dismissed. - 7 - HC-KAR NC: 2026:KHC:16706-DB MFA No. 707 of 2021 C/W MFA No. 614 of 2021 MFA No. 451 of 2023 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. 2. There are no grounds to reduce the compensation awarded by the Tribunal. 3. This appeal is dismissed. 4. 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/-