Authority: Supreme Court of India
Order Date: 17-07-2026
Case Overview
- Petitioners: Nalini & Ors.; Respondent: Branch Manager, United India Insurance Co Ltd.
- Accident: On 31‑10‑2013 at ~6:45 p.m., a scooter (Reg. No. KA‑19‑EC‑1420) collided, causing serious head injuries and multiple fractures to Surendra Acharya (son of Late Appayya Acharya).
- Death: Surendra Acharya succumbed to injuries on 24‑04‑2014 while bedridden at Shrinivas Hospital, Mukka.
- Claim: Dependents filed a claim before the Motor Accidents Claims Tribunal, D.K., Mangalore. Tribunal awarded Rs 18,25,000 with 6% interest per annum from the petition date.
- Appeal: United India Insurance appealed under Section 173(1) of the Motor Vehicles Act, 1988. The High Court of Karnataka (Judgment dated 12‑07‑2024, Misc. First Appeal No.5175 of 2018) set aside the award, citing lack of medical evidence and absence of post‑mortem to establish nexus between injuries and death.
- High Court observations (para 6) reiterated the lack of nexus evidence and declared the award legally unsustainable.
- Supreme Court noted the High Court ignored the Tribunal’s evidence and merely relied on counsel’s statement about missing post‑mortem.
Final Outcome
- The appeal is allowed; the High Court judgment and award are set aside.
- The claim petition is dismissed, and the original award of Rs 18,25,000 is reinstated.
- Interest is fixed at 12% per annum from the date of the petition until realization, replacing the earlier 6% rate.
- United India Insurance Co Ltd is permitted to withdraw the amount it had deposited with the Court.
- The Special Leave Petition and any pending applications are disposed of.
Topics: Legal Judgment, Motor Accident Compensation