Authority: High Court of Karnataka at Bengaluru
Order Date: 16 July 2026
Case Overview
- Parties: Appellant Sri Bharath H.N., resident of Hulivana Village, Mandya; Respondent No.1 Sri S. Packiyam, resident of Kulicholai, Tamil Nadu; Respondent No.2 The Branch Manager, The New India Assurance Co. Ltd.
- The claim arose from a road traffic accident on 14 December 2018 where the appellant’s goods tempo (Regn.No.KA-11-B-5156) was damaged due to rash and negligent driving of a lorry (Regn.No.KA-11-V-0474).
- The appellant incurred total repair costs of Rs 1,09,652, of which Rs 65,939 was reimbursed by Cholamandalam MS General Insurance Co. Ltd., leaving a balance of Rs 43,713 paid by the appellant.
- The appellant filed a claim petition before the Motor Vehicles Act Tribunal (MVC No.760/2019) seeking the balance amount from the insurer of the negligent lorry. The Tribunal dismissed the petition.
- On appeal, counsel argued that the insurer (New India Assurance) is liable for the remaining balance because the accident was caused by its insured vehicle. The insurer contended lack of documentary proof of the balance payment.
Final Outcome
- The Court allowed the appeal, set aside the Tribunal’s judgment dated 28 June 2022, and held the claim petition allowed in part.
- Respondent No.2 (New India Assurance Co. Ltd.) is ordered to pay Rs 43,713 to the appellant with interest at 6% per annum from the date of petition until realization.
- The insurer must deposit the amount with interest within six weeks of the order; failure to do so will attract interest at 9% per annum from the date of the order until payment.
Topics: Motor Accident Compensation, Insurance Liability