- 1 - HC-KAR CNR: KAHC010329002022 NC: 2026:KHC:37509 MFA No. 5187 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5187 OF 2022(MV-I) BETWEEN: SRI. KRISHNAPPA H S/O LATE HANUMANTHAPPA, AGED ABOUT 45 YEARS, R/AT NO.39/2, KANNIKAPARAMESHWARI TEMPLE NEAR BANNUR ROAD, MANDYA PIN NO:577 101 …APPELLANT (BY SRI. KALLEGOWDA S.K, ADVOCATE) AND: 1. MR. MAHESH B M S/O MUTTAIAH(A1) AGED ABOUT 33 YEARS, PRESENT: KA-03-ML-4726 MARUTHI RITZ CAR DRIVER, BARAGENAHALLI, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU DISTRICT PIN CODE-562 123 2. IFFCO TOKIO GENERAL INSURANCE COMPANY HAVING HEAD OFFICE AT IFFCO TOWER, 4TH AND 5TH FLOOR, FLAT NO.3, SECTOR-29, GURGAON, HARYANA-122 001 ALSO HAVING BRANCH OFFICE AT 8/1, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010329002022 NC: 2026:KHC:37509 MFA No. 5187 of 2022 KAVERAPPA LAYOUT, VASANTH NAGAR, BANGALORE-560 005 CHASSIS NO.MA3EDK1S00120743 ENGINE NO.K12MN1005548 DRIVING ELIGIBILITY NO.KA0620111625 TUMKUR RTO OFFICE DRIVING LICENCE, YEAR 2011 VALIDITY TIME 9-02-2031 ELIGIBILITY FOR DRIVING TO VEHICLE MCWG, LMV NY, POLICY NO.11538499 POLICY PERIOD 14-08-2019 TO 13-09-2020 …RESPONDENTS (BY SRI. MURALIDHAR.N, ADVOCATE FOR R2, VIDE ORDER DATED 21/07/2026, NOTICE TO R1 IS DISPENSED WITH(SINCE DEAD)) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.11.2021 PASSED IN MVC NO.3026/2020 ON THE FILE OF THE XXIV ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU, SCCH-26, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The claimant has preferred this appeal against the judgment and award dated 25.11.2021 passed in M.V.C.No.3026/2020 by the XXIV Additional Small Causes Judge and the Motor Accident Claims Tribunal and ACCM (SCCH-26) at Bengaluru (for short, 'the Tribunal'), seeking for enhancement of the compensation awarded by the Tribunal. - 3 - HC-KAR CNR: KAHC010329002022 NC: 2026:KHC:37509 MFA No. 5187 of 2022 2. The factual matrix of the case is that on 18.10.2019 at about 3.00 p.m. to 3.10 p.m., when the claimant was traveling in his car bearing registration No.KA-04-MH-4135 from Bengaluru to Davanagere, he stopped his car opposite to Ragi Rotti Hotel in NH-48 Tumkur. At that time, the driver of the Maruti Ritz Car bearing registration No.KA-03-ML-4726 came in a rash and negligence manner and dashed to the car of the appellant. As a result, the claimant sustained injuries and was shifted to the hospital and treated as inpatient. Later, he filed a claim petition before the Tribunal for the amount spent for the injuries he sustained in the accident. 3. To prove the claim petition, the appellant examined himself as PW.1 and marked 32 documents as Exs.P1 to P32. However, the insurance company neither examined any witness nor marked any documents. 4. The Tribunal upon assessment of oral and documentary evidence, partly allowed the claim petition and granted a compensation of Rs.40,000/- with 9% interest. Aggrieved by the same, the appellant is before this Court. - 4 - HC-KAR CNR: KAHC010329002022 NC: 2026:KHC:37509 MFA No. 5187 of 2022 5. Heard the learned counsel for the appellant and learned counsel for respondent No.2 - insurance company. 6. Learned counsel for the appellant-claimant contended that, the Tribunal committed a grave error in disregarding the medical bills produced by the claimant at Ex.P30 towards the expenses incurred for the treatment of the injuries sustained in the accident. According to the Tribunal, the said bills could not be relied upon as the claimant, being an employee of the Panchayath Raj Engineering Department, had failed to produce any material to establish that he had not obtained reimbursement of the medical expenses from his employer. 7. Placing reliance on I.A. No.2/2022 filed under Order XLI Rule 27 read with Section 151 of the Code of Civil Procedure, along with the documents annexed thereto, the learned counsel submits that the claimant has neither claimed nor received reimbursement of the medical expenses from his department. It is, therefore, contended that the Tribunal ought to have taken into consideration the medical bills produced at - 5 - HC-KAR CNR: KAHC010329002022 NC: 2026:KHC:37509 MFA No. 5187 of 2022 Ex.P30 while determining the compensation payable to the claimant. 8. It is further contended that the claimant is still undergoing treatment for the injuries sustained in the accident and that additional medical records have since become available, which also require consideration by the Tribunal. On these grounds, he prays that the appeal be allowed by awarding the medical expenses covered under Ex.P30 or, in the alternative, that the matter be remanded to the Tribunal for fresh consideration of Ex.P30 and the subsequent medical records. 9. Per contra, the learned counsel for the Insurance Company submitted that the Tribunal was justified in not taking into consideration the medical bills produced at Ex.P30 in the absence of any material to establish that the claimant had not obtained reimbursement of the said medical expenses from his employer. However, having regard to the documents produced along with I.A. No.2/2022, the learned counsel fairly submitted that the matter may be remitted to the Tribunal for fresh - 6 - HC-KAR CNR: KAHC010329002022 NC: 2026:KHC:37509 MFA No. 5187 of 2022 consideration of the claim relating to the medical expenses in the light of the additional documents. 10. I have given my anxious consideration on the submission made by the learned counsel for the appellant and learned counsel for respondent No.2 so also perused the entire materials and documents available on record. 11. As could be gathered from records, the occurrence of the accident in question and the existence of a valid insurance policy covering the offending vehicle are not in dispute. It is also not in dispute that the claimant has produced medical bills at Ex.P30 amounting to Rs.94,745/-, evidencing the expenditure incurred towards the treatment of the injuries sustained in the accident. However, the Tribunal declined to take the said medical bills into consideration on the ground that the claimant, being an employee of the Panchayath Raj Engineering Department, had failed to produce any material to establish that he had not obtained reimbursement of the said medical expenses from his Department. - 7 - HC-KAR CNR: KAHC010329002022 NC: 2026:KHC:37509 MFA No. 5187 of 2022 12. A perusal of the documents produced by the appellant along with I.A. No.2/2022 discloses that the Chief Engineer of the Panchayath Raj Engineering Department has issued a certificate stating that no medical reimbursement has been sanctioned to the claimant in respect of the injuries sustained in the accident. In view of the said subsequent material, which has a direct bearing on the claim for medical expenses, I am of the considered opinion that the matter requires reconsideration by the Tribunal with reference to Ex.P30-medical bills and the additional document produced along with I.A. No.2/2022. Accordingly, I.A No.2/2022 is disposed. Hence, I proceed to pass the following: O R D E R i. The appeal is allowed. ii. The judgment and award dated 25.11.2021 passed in M.V.C. No.3026/2020 by the XXIV Additional Small Causes Judge and the Motor Accident Claims Tribunal and ACCM (SCCH-26) at Bengaluru is set aside and - 8 - HC-KAR CNR: KAHC010329002022 NC: 2026:KHC:37509 MFA No. 5187 of 2022 matter is remitted back to the Tribunal for fresh consideration. iii. Parties are at liberty to lead the additional evidence and the documents if any. iv. The Tribunal is also at liberty to frame additional issues if any, to decide the case. v. Parties shall appear before the Tribunal on 24.08.2026 without further notice. vi. The Tribunal is requested to dispose the claim petition at the earliest since the accident is of the year 2019. vii. Registry is directed to send back the TCR along with the certified copy of this judgment to the concerned Tribunal forth with. SD/- (RAJESH RAI K) JUDGE CR/List No.: 1 Sl No.: 17