- 1 - HC-KAR CNR: KAHC010453322026 NC: 2026:KHC:51066 MFA No. 5007 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 5007 OF 2026 (MV-I) BETWEEN: SANGEETHA NANDAGOPALAN D/O NANDAGOPALAN V., AGED ABOUT 42 YEARS, R/AT FLAT NO.5A-319, VAISHNAVI SERENE, IVRI ROAD, YELAHANKA, BANGALORE - 64. PREVIOUS R/AT NO.02, GANESHA NILAYA, 1ST CROSS, I PHASE, WOC ROAD, MANJUNATHA NAGAR, BANGALORE - 10. …APPELLANT (BY SRI. SHASTRI SHRIPAD VISHWANATHA, ADVOCATE) AND: 1. RAKESH CHANDRA R/AT NO.30, MARAGONDANAHALLI MAIN ROAD, R R LAYOUT, BANGALORE - 36. 2. RAMBABU DUVVURU S/O BUJJAIAH D., R/AT NO.C004, DAALIYA DADDYS GARDEN, ELECTRONIC CITY POST, BENGALURU - 560 100. 3. HDFC ERGO GENERAL INSURANCE COMPANY LIMTED NO.25/1, II FLOOR, BUILDING NO.2, SHANKARANARAYANA BUILDING, M G ROAD, Digitally signed by PADMASHREE SHEKHAR DESAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010453322026 NC: 2026:KHC:51066 MFA No. 5007 of 2026 BENGALURU - 560 001. …RESPONDENTS (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R3; VIDE ORDER DATED 14.07.2026, NOTICE TO R1 & R2 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.01.2026 PASSED IN MVC NO.1676/2023 ON THE FILE OF THE XXIV ADDITIONAL SCJ AND ACJM AND MEMBER, MACT, BENGALURU (SCCH-26), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 24.01.2026 passed in MVC No.1676/2023 by XXIV Additional Small Causes Judge and ACJM and Member, MACT, Bengaluru (SCCH-26). 2. Even though the matter is listed today for admission, with the consent of both the learned counsel for appellant and learned counsel for respondent No.3/insurer, the matter is taken up for disposal. - 3 - HC-KAR CNR: KAHC010453322026 NC: 2026:KHC:51066 MFA No. 5007 of 2026 3. The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by her in a road traffic accident occurred on 28.02.2023 contending that the accident occurred due to rash and negligent driving by the driver of Car bearing registration No.KA-51-MD-5314. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Sl. No. Particulars Amount 1. Towards disability suffered by the petitioner Rs. 1,50,000/- 2. Pain and sufferings Rs. 1,00,000/- 3. Loss of future amenities and happiness Rs. 50,000/- 4. Attendant charges, extra nutritious food and conveyance charges Rs. 21,000/- 5. Medical expenses Rs. 1,53,994/- 6. Loss of income during laid- up period Rs. 3,03,260/- 7. Future medical expenses Rs. - Nil - Total Rs. 7,78,254/- - 4 - HC-KAR CNR: KAHC010453322026 NC: 2026:KHC:51066 MFA No. 5007 of 2026 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.3/insurer to pay the compensation awarded. The claimant has filed the present appeal seeking enhancement of compensation. 6. Heard the learned counsel for appellant and learned counsel for respondent No.3/insurer. 7. Learned counsel for the appellant submits that the Tribunal has deducted Rs.2,11,079/- and Rs.58,728/- in the medical bills on the ground that the said amount has been reimbursed by Medi Assist Insurance Company under health insurance coverage. He further submits that the said deduction is not permissible as held by the Hon'ble Apex Court in the case of NEW INDIA ASSURANCE COMPANY LIMITED vs. DOLLY SATISH GANDHI & ANR. reported in 2026 INSC 498. 8. On perusal of paragraph No.35 of the impugned judgment, it is clear that the Tribunal has deducted - 5 - HC-KAR CNR: KAHC010453322026 NC: 2026:KHC:51066 MFA No. 5007 of 2026 Rs.2,11,079/- and Rs.58,728/- out of the medical bills on the ground that the said amount has been reimbursed by Medi Assist Insurance Company under health insurance coverage. In view of the said decision of the Hon'ble Apex Court in the case of NEW INDIA ASSURANCE COMPANY LIMITED vs. DOLLY SATISH GANDHI & ANR. reported in 2026 INSC 498, if any reimbursement has got by the claimant, that cannot be deducted in the total medical expenses. 9. Considering the above aspect, the claimant is entitled to a sum of Rs.2,69,807/- (Rs.2,11,079/- and Rs.58,728/-) deducted by the Tribunal. 10. Therefore, the claimant is entitled to enhanced compensation of Rs.2,69,807/- with interest at the rate of 6% per annum from the date of petition till realisation. 11. Respondent No.3/insurer is liable to pay the said enhanced compensation amount with interest. - 6 - HC-KAR CNR: KAHC010453322026 NC: 2026:KHC:51066 MFA No. 5007 of 2026 12. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The appellant/claimant is entitled to enhanced compensation of Rs.2,69,807/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent No.3/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day. iv) The appellant/claimant is entitled to release of entire enhanced compensation with interest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 6