- 1 - NC: 2025:KHC-D:6317 MFA No. 103866 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 103866 OF 2016 (MV-I) BETWEEN: THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO. LTD., R/BY. ITS BRANCH MANAGER, 289, KITTUR CHAMBERS, MAIN ROAD, KARWAR. HEREIN REPRESENTED BY DEPUTY MANAGER, THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, SUMANGALA COMPLEX, OPPT. H.D.M.C, HUBBALLI-580020. - APPELLANT (BY SRI. S. S. JOSHI, ADVOCATE) AND: 1. MRS. SNEHA W/O. LINGARAJ NAIK, AGE 58 YEARS, OCC: GOVERNMENT EMPLOYEE, R/O. III CROSS, SANKRI WADA, KUJUBAG, KARWAR-581301. 2. RAMSINGH M. CHOUHAN, AGE MAJOR, OCC: OWNER OF MOTORCYCLE, NEAR DOWN CHURCH, KUJBAG, KARWAR-581301. - RESPONDENTS (BY SRI. CHETAN KULKARNI, ADVOCATE FOR SMT. PRAFULLA NAIK, ADVOCATE FOR R1) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES ACT 1988, PRAYING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND AWARD DTD: 14.06.2016 PASSED BY THE 1ST ADDL. MOTOR ACCIDENTS CLAIMS TRIBUNAL, KARWAR IN M.V.C. NO.16/2014 AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench. - 2 - NC: 2025:KHC-D:6317 MFA No. 103866 of 2016 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) This appeal is filed by the insurer challenging the judgment and award passed by the I Addl. M.A.C.T, Karwar in M.V.C. No. 16/2014 on the ground that the medical bills awarded by the Tribunal was not in accordance with law and the amount paid in advance by the claimants were also added in the total medical bills, thereby double payment of the medical expenses. 2. The learned counsel for the appellant submits that Exs.P.29, 46 to 49 and 50 are wrongly considered and excess amount of Rs.1,68,775/- was awarded from the actual bill. Hence he prayed to re-calculate the same. 3. The learned counsel for the respondents-claimants submits that the Tribunal has considered each and every receipts and awarded the compensation, on the basis of admissible expenses. Ex.P.29 is the medical receipt and total amount mentioned therein is Rs.44,094/-. Exs.P.46 to P.49 would indicate the amount of current bill as well as - 3 - NC: 2025:KHC-D:6317 MFA No. 103866 of 2016 advance paid by the claimants. They were all taken into consideration while awarding the amount of compensation. Ex.P.50 is the receipt given by the hospital wherein total hospital charges was Rs.73,580/-. Therefore there is no question of duplication of the amount and the Tribunal keeping in mind about the total amount of receipts awarded medical expenses of Rs.3,23,145/-. 4. On reconsideration of the said receipts, it does not appear that double payment was ordered. The learned counsel for the insurer has not shown any particular amount added by the hospital as advance amount as well as actual amount. It is true that in Exs.P.41, 46 to 59 there is a reference about the actual amount of the bill, advance payment and balance amount. They appear to be considered while preparing final bill as per Ex.P.29. It does not appear that in the total medical expenses awarded receipts of advance amount paid to hospital was also added. No such receipts are shown by the appellants. Hence it is not acceptable. The appellant do not dispute - 4 - NC: 2025:KHC-D:6317 MFA No. 103866 of 2016 other findings. Appeal does not merit consideration. Hence dismissed. Whatever amount deposited by the appellant shall be transmitted to the tribunal. Draw award accordingly. Send a copy of this judgment to the tribunal. Sd/- (UMESH M ADIGA) JUDGE bvv /ct-an List No.: 1 Sl No.: 9