- 1 - HC-KAR CNR: KAHC010009872020 NC: 2026:KHC:36957 MFA No. 714 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 714 OF 2020 (MV-I) BETWEEN: MR JAYAPRAKASH S/O.LATE NAGAPPA GOWDA, AGED ABOUT 29 YEARS, RESIDING AT DOOR NO. 1-113, KUTRUPADY VILLAGE, KADABA VILLAGE AND POST, PUTTUR TLAUK, D.K.DISTRICT, PIN-574 221 …APPELLANT (BY SRI. RAVISHANKAR SHASTRY G, ADVOCATE) AND: 1. G AYYAPAN S/O P.GANESHAN, AGED ABOUT 39 YEARS, RESIDING AT HOUSE NO 2-129/A35, SNEHA NAGAR, HOSABETTU, SURATHKAL, MANGALURU, D.K.DISTRICT, PIN-575019 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO.LTD. SHREE VITTAL COMPLEX, SURATHKAL OPP. POST OFFICE MAIN ROAD, SURATHKAL, MANGALURU, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010009872020 NC: 2026:KHC:36957 MFA No. 714 of 2020 D.K. DISTRICT, PIN- 575 014 …RESPONDENTS (BY SRI. A.M. VENKATESH, ADVOCATE FOR R2, VIDE ORDER DATED 05/04/2022, NOTICE TO R1 IS HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.04.2019 PASSED IN MVC NO.478/2016 ON THE FILE OF THE MACT AND II ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.2,34,080/- awarded by the Tribunal in MVC.No.487/2016 vide judgment and award dated 25.04.2019, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured are not in dispute. - 3 - HC-KAR CNR: KAHC010009872020 NC: 2026:KHC:36957 MFA No. 714 of 2020 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 60,000 2. Loss of future income due to disability 1,36,080 3. Loss of income during the laid up period 18,000 4. Loss of amenities in life 20,000 Total 2,34,080 4. The Tribunal, on an analysis of the medical evidence, has rightly concluded that the claimant has suffered permanent disability to the extent of 7% to the whole body and has rightly assessed the income of the claimant at Rs.9,000/- since the accident was of the year 2015. As such, the amount of Rs.1,36,080/- awarded by the Tribunal by applying the multiplier of 18 is just and proper. 5. As a consequence, the amount of Rs.18,000/- awarded by the Tribunal towards 'loss of income during the laid up - 4 - HC-KAR CNR: KAHC010009872020 NC: 2026:KHC:36957 MFA No. 714 of 2020 period' would also stand enhanced to Rs.27,000/- (Rs.9,000 X 3 months) treating the laid up period as three months. 6. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards loss of amenities, as against the sum of Rs.20,000/- awarded by the Tribunal. 7. The Tribunal has not awarded any sums towards incidental expenses. However, having regard to the treatment taken by the claimant in the hospital for the injuries suffered by him, I deem it just and appropriate to award a sum of Rs.21,000/- towards 'Conveyance, food and nourishment and attendant charges'. 8. The sum of Rs.60,000/- awarded by the Tribunal towards pain and suffering, being just and proper having regard to the injuries suffered by the claimant, is affirmed. 9. Learned counsel for the claimant would contend that though the bills were produced as per Ex.P16 for having incurred the sum of Rs.46,484/- towards medical expenditure, the Tribunal has erred in not awarding the same. As per - 5 - HC-KAR CNR: KAHC010009872020 NC: 2026:KHC:36957 MFA No. 714 of 2020 Ex.P16, it is seen that the claimant has incurred aforesaid amount. Further, it is seen that the said amount has been reimbursed/paid by the health insurance company. In the view of the law laid down by the Apex court in the case of NEW INDIA ASSURANCE CO. LTD. V. DOLLY SATISH GANDHI & ANOTHER (Civil Appeal No. 3452 of 2026), medical expenses reimbursed under a Mediclaim policy cannot be deducted from compensation awarded by a Motor Accident Claims Tribunal (MACT). As statutory compensation under the Motor Vehicles Act and contractual reimbursement under Mediclaim operate in separate domains, so receiving both does not amount to unjust enrichment. Therefore, the claimant would be entitled to the sum of Rs.46,484/- towards medical expenses. 10. As per Ex.P20, it is seen that the vehicle has been damaged. In view of the same, I deem it just and appropriate to award a sum of Rs.20,000/- towards vehicle damage. 11. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: - 6 - HC-KAR CNR: KAHC010009872020 NC: 2026:KHC:36957 MFA No. 714 of 2020 Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 60,000 60,000 2. Loss of future income 1,36,080 1,36,080 3. Medical expenses Nil 46,482 4. Vehicle damage Nil 20,000 5. Loss of income during the laid up period 18,000 27,000 6. Conveyance, food, nourishment, attendant charges Nil 21,000 7. Loss of amenities in life 20,000 30,000 Total 2,34,080 3,40,562 12. Thus, the claimant is held entitled to the total compensation of Rs.3,40,562/- as against Rs.2,34,080/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 7 - HC-KAR CNR: KAHC010009872020 NC: 2026:KHC:36957 MFA No. 714 of 2020 13. The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 64