- 1 - HC-KAR NC: 2025:KHC-K:3506 MFA No. 201075 of 2022 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO. 201075 OF 2022 (MV-I) BETWEEN: DR. SHARNAYYA S/O SANGAYYA, AGE: 52 YEARS, OCC: DOCTOR, R/O: PLOT NO.43, KAILASH LAYOUT, KUMBARWADA, NEAR M.S. PATIL FUNCTION HALL, BIDAR – 585 403. …APPELLANT (BY SRI BASAVARAJ R.MATH, ADVOCATE) AND: 1. BASWARAJ BAWGI S/O SHAM RAO, AGE: 47 YEARS, OCC: AGRICULTURE, R/O: H.NO.538, EIGHT CROSS. ST THULUKKAANATTH, AMMAN NGR MUDALIAPET, PUDUCHETTY – 605 004. 2. THE MANAGER, IFFCO TOKIO, GENERAL INSURANCE COMPANY LTD., OFFICE NO.F-06 AND 08, 1ST FLOOR, ASAIN BUSINESS CENTER, S.P. OFFICE ROAD, NEAR V.G. WOMEN’S HOSTEL, STATION ROAD, GULBARGA – 585 102. (VIDE POLICY NO.TIT/91811377) VALID FROM 29.04.2019 TO 28.04.2020.) …RESPONDENTS (BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3506 MFA No. 201075 of 2022 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 02.11.2021 PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, AT BIDAR IN MVC NO.390/2020 FOR ENHANCEMENT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and award dated 02.11.2021 passed by Addl. Senior Civil Judge and Addl. MACT, Bidar, in MVC no.390/2020, this appeal is filed. 2. Smt.Vijayalaxmi Naikodi, learned counsel appearing for Sri Basavaraj R.Math, advocate submitted appeal was by claimant for enhancement of compensation on limited ground i.e., denial of compensation towards medical expenses against Bill in Ex.P8. It was submitted on 05.05.2019, Dr.Sharnayya was traveling in Car no.PY-01/CU-6166 from Tirupathi to Bidar. At 11.30 hours, when it was near Kundu River Bridge, driver of said car has lost control over vehicle and it fell down bridge. In said accident, claimant sustained fracture of right femur and other grievous injuries. Despite taking treatment, he did not recover fully and sustained permanent physical disability. - 3 - HC-KAR NC: 2025:KHC-K:3506 MFA No. 201075 of 2022 Therefore, he filed MVC no.390/2020 under Section 166 of M.V.Act. In said accident, his son also sustained injuries. Therefore, MVC no.389/2020 was filed. Both claims were clubbed. 3. On contest, wherein owner and insurer of offending vehicle filed objections denying age, occupation, income and disability sustained by claimant and alleged violation of policy conditions. Tribunal framed issues and recorded evidence. Claimant examined himself and Dr. Vijay Bulgundi as PWs.1 and 2 and got marked Exs.P.1 to P.15. Respondents did not lead evidence. 4. On consideration, Tribunal held accident had occurred due to rash and negligent driving by driver of car, claimant had sustained permanent disability and therefore entitled for compensation from insurer as follows: Sl.No. Heads Amount 1 Pain and sufferings Rs.40,000/- 2 Medical attendant and other incidental charges Rs.18,000/- 3 Loss of basic amenities Rs.15,000/- Total Rs.73,000/- - 4 - HC-KAR NC: 2025:KHC-K:3506 MFA No. 201075 of 2022 5. Dissatisfied with same, claimant was in appeal. 6. It was submitted claimant had sustained grievous injuries and was admitted to Sunshine Hospitals, Secundarabad, where he took treatment from 07.05.2019 to 12.05.2019 and produced bills issued by said hospital at Ex.P8 for Rs.2,00,000/-. However, tribunal denied compensation towards medical expenses merely on ground of possibility for claimant to have sought re-imbursement from Government as he was working as Doctor at Taluka Health Centre. It was submitted original Bill was produced and got marked as Ex.P8. Therefore, there was no possibility of claiming re-imbursement of said bill. On said grounds sought for allowing appeal. 7. On other hand, Sri Subhash Mallapur learned counsel for respondent no.2-insurer opposed appeal. It was submitted when admittedly claimant was Government employee and had not placed any material to indicate he had not claimed medical re-imbursement from Government. Therefore, tribunal was justified in denying said amount to him. It was contended on consideration of material on record, - 5 - HC-KAR NC: 2025:KHC-K:3506 MFA No. 201075 of 2022 tribunal had passed just award and same did not call for any enhancement. 8. Heard learned counsel, perused impugned judgment and award. 9. From above, since claimant is in appeal on limited ground i.e., denial of re-imbursement of medical expenses under Ex.P8-bill, point that would arise for consideration is: “Whether tribunal was justified in denying amount spend towards medical expenses as per Ex.P8?” 10. Perusal of claim petition would reveal that claimant had clearly disclosed that he was Government employee. He had produced original bill issued by Sunshine Hospitals, Secundarabad as Ex.P8, which was for total sum of Rs.2,00,000/-. In claim petition, he had also stated duration of treatment as 07.05.2019 to 12.05.2019. Place of treatment and duration tallied with Bill. During cross-examination, suggestion was made about claimant having got hiked bills issued to him to enable him to claim higher compensation. Absolutely, no suggestion about claimant having sought re-imbursement from Government was made. Moreover, Ex.P8 was original bill. - 6 - HC-KAR NC: 2025:KHC-K:3506 MFA No. 201075 of 2022 Under such circumstances, denial of re-imbursement of medical expenses would be based on presumptions and assumptions contrary to record. In view of above, point for consideration is answered in negative. Consequently, following: ORDER i. Appeal is allowed in part. ii. Judgment and award dated 02.11.2021 passed by Addl. Senior Civil Judge and Addl. MACT, Bidar, in MVC no.390/2020, is modified. iii. Claimant is held entitled for additional compensation of Rs.2,00,000/- with interest at 6% per annum from date of claim petition till deposit. Same shall be in addition to compensation awarded by tribunal. iv. Respondent-insurer to deposit same before Tribunal within a period of six weeks. v. On deposit, entire amount shall be released in favour of claimant on proper identification. Sd/- (RAVI V HOSMANI) JUDGE MSR List No.: 1 Sl No.: 64