SRI NEERAJ SHARMA vs SMT. GEETHIKA SHARMA,
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:57355
MFA No. 3197 of 2026
CNR: KAHC010302992026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO.3197 OF 2026(MV-D)
BETWEEN:
SRI. NEERAJ SHARMA,
S/O. NARYANLAL SHARMA,
AGED ABOUT 54 YEARS,
R/AT NO.182, PENINSULA PARKVILLE,
THINDLU ROAD, ABHAY CIRCLE,
SARJAPURA,
BANGALORE - 562 125.
…APPELLANT
(BY SMT.NITHYA ABHILASH, ADVOCATE FOR
SRI. PRAKASH M H., ADVOCATE)
AND:
1. SMT. GEETHIKA SHARMA,
W/O. NEERAJ SHARMA,
AGE MAJOR,
R/AT NO.C-5, LAKESIDE HEIGHTS,
RAMAGONDANAHALLI, WHITEFIELD,
BANGALORE - 560 066.
PRESENTLY R/AT NO.182,
PENINSULA PARKVILLE,
THINDLU ROAD, ABHAY CIRCLE,
SARJAPURA,
BANGALORE - 562 125.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:57355
MFA No. 3197 of 2026
CNR: KAHC010302992026
2. GO DIGIT GEN. INS. CO. LTD.,
OFFICE AT ATLANTIS,
95, 4TH B CROSS ROAD, KORAMANGALA
INDUSTRIAL LAYOUT, 5TH BLOCK,
BANGALORE - 560 095.
REP. BY ITS MANAGER.
3.
SRI. JOSE BERY,
S/O. BIKASH BERY,
AGED ABOUT 22 YEARS,
R/AT NO.61, FLAT NO.202,
2ND FLOOR, 3RD MAIN ROAD,
ARAKERE, BRUNDAVANA NAGAR,
S. G. PALYA,
BANGALORE - 560 029.
…RESPONDENTS
(BY SRI.MALLIKARJUN REDDY, ADVOCATE FOR
SRI.B.C.SHIVANNE GOWDA, ADVOCATE FOR R2;
NOTICE TO R1 & R3 IS DISPENSED WITH VIDE ORDER
DATED 09.06.2026)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 29/12/2025 PASSED IN MVC
NO.5978/2023 ON THE FILE OF THE VIII ADDL. SMALL CAUSES
JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
BANGALORE., 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:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:57355
MFA No. 3197 of 2026
CNR: KAHC010302992026
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 29.12.2025 passed in MVC
No.5978/2023 by VIII Additional Judge, Court of Small
Causes and ACJM and MACT, Bengaluru.
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.2/insurer, the matter is taken up for disposal.
3. The appellant made a claim petition seeking
award of compensation for the death of his daughter
namely Disha Sharma in a road traffic accident occurred
on 20.08.2023 contending that the accident occurred due
to rash and negligent driving by the rider of TVS Jupiter
motorcycle bearing registration No.KA-53-EF-2446.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:57355
MFA No. 3197 of 2026
CNR: KAHC010302992026
4. The Tribunal after recording the evidence and
appreciating the evidence on record, has assessed the
compensation and awarded the compensation under
various heads as under:
Sl.No. Head of Compensation Amount/Rs.
1. Loss of dependency 37,80,000-00
2. Loss of consortium 48,000-00
3. Loss of Estate 18,000-00
4. Funeral Expenses 18,000-00
5. Medical Expenses --
Total 38,64,000-00
5. The Tribunal has also awarded interest at the
rate of 6% per annum from the date of petition till
realization and directed respondent No.2/insurer to deposit
the compensation awarded with interest. The claimant has
filed the present appeal seeking enhancement of the
compensation awarded by the Tribunal.
6. Heard the learned counsel for appellant and
learned counsel for respondent No.2/insurer.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:57355
MFA No. 3197 of 2026
CNR: KAHC010302992026
7. Learned counsel for the appellant would
contend that the deceased was aged 19 years as on the
date of incident and she was studying in BBA III Semester
in Christ College and she had been selected in campus
interview, wherein her package is stated to be
Rs.4,90,000/- per annum. Considering the said income
taken by the Tribunal at Rs.25,000/- per month is on
lower side. The claimant has placed on record only the
study certificate at Ex.P13, but has not produced any
document with regard to the selection of the deceased at
campus selection wherein her package was at
Rs.4,90,000/- per annum. Considering the said education
qualification of the deceased, the Tribunal has rightly
taken the income of the deceased at Rs.25,000/- per
month. The Tribunal has rightly added 40% towards future
prospects, deducted 50% towards personal expenses of
the deceased and applied multiplier '18'. Therefore, the
compensation awarded by the Tribunal towards loss of
dependency is just and proper. The Tribunal has also
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:57355
MFA No. 3197 of 2026
CNR: KAHC010302992026
rightly awarded loss of consortium, loss of estate and
funeral expenses.
8. The Tribunal has not awarded medical expenses
of Rs.25,760/- on the ground that the said medical bill has
been reimbursed by the Aditya Birla Health Insurance
Company. As per the 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, any reimbursement of medical
expenses got through health insurance policy cannot be
deducted in the medical expenses. Therefore, the
deduction of medical expenses reimbursed by health
insurance company under health insurance policy is not
proper. Therefore, the claimant is entitled to medical
expenses of Rs.25,760/-.
9. In view of the above, the claimant is entitled to
enhanced compensation of Rs.25,760/- with interest at the
rate of 6% from the date of petition till realisation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:57355
MFA No. 3197 of 2026
CNR: KAHC010302992026
10. Respondent No.2/insurer is liable to pay the
said enhanced compensation with interest.
11. 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.25,760/-
with interest at 6% per annum from the
date of petition till realisation.
iii) Respondent No.2/insurer shall deposit the
said enhanced compensation before the
Tribunal within a period of six weeks from
this day.
iv) The appellant-claimant is entitled for
release of entire enhanced compensation
amount with interest.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
SJK/List No.: 1 Sl No.: 38