MR C J SUSHIL KUMAR vs MR G NAGESH

- 1 -
HC-KAR
NC: 2026:KHC:58574
MFA No. 7562 of 2023


CNR: KAHC010566112023





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 15 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MRS. JUSTICE GEETHA K.B.

MISCELLANEOUS FIRST APPEAL NO. 7562 OF 2023 (MV-I)

BETWEEN:

MR. C.J. SUSHIL KUMAR
S/O JAYASHANKAR C.M,
AGED ABOUT 32 YEARS
R/A NO.21/1, 1ST CROSS
KRISHNAMURHTY LAYOUT
TAVAREKERE MAIN ROAD,
D.R.C POST, BENGALURU - 560 029.
…APPELLANT








(BY SRI. H.S. SHANKAR, ADVOCATE FOR
SRI. MAHENDRA S.S, ADVOCATE)

AND:

1. MR. G. NAGESH
S/O GANGAIAH
NO.11, 10TH CROSS
GORGUNTE PALYA.
BENGALURU - 560 022.

2. THE REGIONAL MANAGER
ICICI LOMBARD GENERAL INSURANCE CO. LTD.,
NO.121, 9TH FLOOR, THE ESTATE,
M.G. ROAD, BENGALURU - 560 042.

3. SMT. YESHASHWINI C.J,
D/O JAYASHANKAR C.M,




Digitally Signed By:
K B GEETHA

- 2 -
HC-KAR
NC: 2026:KHC:58574
MFA No. 7562 of 2023


CNR: KAHC010566112023



R/A NO.21/1, 1ST MAIN ROAD
BALAJINAGAR, TAVAREKERE MAIN ROAD
D.R.C POST, BENGALURU - 560 029.

4. THE REGIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
REGIONAL OFFICE, 5TH AND 6TH FLOOR
KRUSHI BHAVAN, HUDSON CIRCLE
BENGALURU - 560 001.

5.
SRI. RAJU
S/O CHANDRAIAH
SILANERE, K.R. PETE TALUK
MANDYA DISTRICT - 571 426.
…RESPONDENTS
(BY SMT. GEETHA RAJ, ADVOCATE FOR R4;
VIDE ORDER DATED 03.07.2024, NOTICE TO R1 TO R3
AND R5 IS DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.02.06.2022 PASSED IN MVC
NO.4890/2017 ON THE FILE OF THE II ADDITIONAL JUDGE
AND ACMM, COURT OF SMALL CAUSES, MACT, BENGALURU,
(SCCH-13), 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 MRS. JUSTICE GEETHA K.B.

ORAL JUDGMENT

This is the appeal filed under Section 173 (1) of the
Motor Vehicles Act, 1988 (in short 'M.V. Act') by the
Digitally Signed By:
K B GEETHA

- 3 -
HC-KAR
NC: 2026:KHC:58574
MFA No. 7562 of 2023


CNR: KAHC010566112023



appellant/claimant not satisfied with the judgment and
compensation awarded in MVC No.4890/2017 dated
02.06.2022 on the file of Motor Vehicles Accident Claims
Tribunal, Bengaluru SCCH -13 (in short 'the Tribunal').
2. The parties would be referred with their ranks,
as they were before the Tribunal for the sake of
convenience and clarity.
3. The claimant has filed the claim petition before
the Tribunal under Section 166 of M.V. Act claiming
compensation in respect of the injuries suffered by him in
the road traffic accident that has taken place on
07.08.2016 at about 06:30 p.m. involving Maruti Alto car
bearing Reg No.KA-05/ML-21369 and Maruti Omni car
bearing registration No.KA-04-AA-5130 aand the
motorcycle bearing registration No.KA-54-E-1868.
4. The claimant was inmate of the Maruti Alto car.
He has filed the claim petition against the owner and
insurance Company of Maruti Omni car; owner and
Digitally Signed By:
K B GEETHA

- 4 -
HC-KAR
NC: 2026:KHC:58574
MFA No. 7562 of 2023


CNR: KAHC010566112023



insurance Company of Maruti Alto car and the owner of the
motorcycle as respondent Nos.1 to 5 respectively.
5. It is further contended that the Maruti Omni car
dashed against Maruti Alto car; at the same time rider of
the motorcycle dashed against Maruti Omni car as he lost
control over the bike and due to the impact, rider of the
motorcycle and inmate of Maruti Alto car died at the spot
and other inmates have sustained injuries.
6. This petition was clubbed with other two
petitions.
7. The respondent Nos.2 and 4 have taken
different contentions in their objection statements before
the Tribunal.
8. After framing of issues, recording evidence and
hearing arguments, the Tribunal came to the conclusion
that the accident happened due to the rash and negligent
driving of driver of the Maruti Alto Car and fastened
liability on the owner and insurance Company of said car
Digitally Signed By:
K B GEETHA

- 5 -
HC-KAR
NC: 2026:KHC:58574
MFA No. 7562 of 2023


CNR: KAHC010566112023



who are respondent Nos.3 and 4 and granted
compensation of Rs.7,85,650/- along with interest at 6%
p.a. under the following heads to the claimant:
Nature of Compensation Amount
Sl.
No.
1. Pain and suffering Rs. 50,000/-
2. Medical Bills Rs. 3,40,650/-
3. Food, nourishment and attendant Rs. 11,000/-
charges
4. Future medical expenses Rs. 20,000/-
5. Loss of income during laid up Rs. 20,000/-
period & rest period
6. Loss of amenities Rs. 20,000/-
7. Loss of future earnings Rs. 3,24,000/-
TOTAL Rs. 7,85,650/-
9. Not satisfied with the compensation awarded by
the Tribunal, the claimant is before this Court.
10. Heard arguments of both sides.
11. The learned counsel for appellant Sri H.S.
Shankar would submit that the compensation awarded by
the Tribunal on all heads is on lower side. Further, the
Rs.
Tribunal has withheld 1,50,000/- which was spent
towards medical expenses only on the ground that said
Digitally Signed By:
K B GEETHA

- 6 -
HC-KAR
NC: 2026:KHC:58574
MFA No. 7562 of 2023


CNR: KAHC010566112023



amount is refunded to the claimant by his Medicare TPA
services India Pvt. Ltd. In this regard, he places reliance
on the judgment of Hon'ble Apex Court in New India
Assurance Company Limited vs. Dolly Satish Gandhi
& Anr . reported in 2026 LiveLaw (SC) 504, wherein it is
held that the amount received as part of medical
claim/medical insurance cannot be deducted from the
compensation.
12. The learned counsel for the respondent No.4
Smt. Geetha Raj would submit that the compensation
awarded by the Tribunal is just and reasonable and
requires no interference.
13. Having heard arguments of both sides, verifying
the appeal papers and trial Court records, the point that
arises for consideration is-
" Whether the claimant is entitled for
enhancement of compensation?"

Digitally Signed By:
K B GEETHA

- 7 -
HC-KAR
NC: 2026:KHC:58574
MFA No. 7562 of 2023


CNR: KAHC010566112023



14. Finding of this Court is in ‘ affirmative’ for the
following:
REASONS
15. The facts which are already established before
the Tribunal are that the claimant has suffered injuries in
the road traffic accident that has taken place by involving
the Maruthi Alto car, the Maruti Omni car and the two-
wheeler. The claimant was inmate of Maruthi Alto car and
his risk is covered with respondent No.4.
16. The claimant has sustained Traumatic brain
injury with left Parietal Contusions, left front Tempro-
parietal Laceration, fracture of right Humerus and fracture
of right Forearm shaft (radius and ulna).
17. The PW4 who has issued disability certificate
has opined that there is 58.9% disability to right upper
limb and 19.63% to the whole body of the claimant.
However, the Tribunal by assigning cogent reasons, came
Digitally Signed By:
K B GEETHA

- 8 -
HC-KAR
NC: 2026:KHC:58574
MFA No. 7562 of 2023


CNR: KAHC010566112023



to the conclusion that the disability of the claimant is at
15% to the whole body; the tribunal has taken the
notional income of the claimant and applied the
appropriate multiplier and thus, awarded the
compensation under the head 'loss of future earning
capacity' properly.
18. The claimant was inpatient in the hospital for 11
days and thus, the Tribunal has awarded compensation at
Rs.
11,000/- towards 'food nourishment and attendance
charges' which is also proper. The claimant has sustained
fracture of right Humerus which is a major bone and he
requires rest at least for 3 months but the Tribunal has
Rs.
awarded only 20,000/- towards 'Loss of income during
laid up period & rest period' which is inadequate and it
Rs.
shall be enhanced to 30,000/-. As far as 'loss of
amenities' is concerned, the claimant is entitled for
Rs.
additional amount of 10,000/-. As far as compensation
Digitally Signed By:
K B GEETHA

- 9 -
HC-KAR
NC: 2026:KHC:58574
MFA No. 7562 of 2023


CNR: KAHC010566112023



under other heads except under the head 'medical bills'
awarded by the Tribunal is proper.
Rs.
19. The Tribunal has deducted 1,50,000/- from
the medical bills on the ground that the amount was
refunded from his insurance Company Medicare TPA
services India Pvt. Ltd.
20. It is established before the trial Court that the
Rs.
said 1,50,000/- is paid to the claimant from his
insurance Company. It is to be borne in mind that the
claimant has paid his hard earned money to get the
medical insurance.
21. In the recent judgment of Hon'ble Apex Court in
Dolly Satish Gandhi's case cited supra at paragraph
No.15 held as follows:
"15. In fine, we hold that the amount
received as part of medical claim/medical
insurance cannot be deductible from the
compensation as calculated by the concerned
Tribunal, adjudicating a claim for
compensation under the MVA which may also
Digitally Signed By:
K B GEETHA

- 10 -
HC-KAR
NC: 2026:KHC:58574
MFA No. 7562 of 2023


CNR: KAHC010566112023



include compensation under the head of
medical expenses, if claimed. These two
stand on a different footing- one is statutory
while the other is contractual and the latter is
only a sequitur of premiums having been
paid in the past while the other is an
entitlement as a consequence of an accident
or death in a motor vehicle accident."
22. By placing reliance on the aforesaid
judgment, this Court holds that the claimant is entitled
for the compensation paid to him by his medical
insurance Company and it cannot be deducted from the
compensation. Hence, the claimant is entitled for


additional Rs.1,50,000/- towards 'medical bills' along
with the amount already awarded by the Tribunal.
23. Thus, the claimant would be entitled for
compensation under various heads as under:
Sl.
No.
Heads Amount
1. Pain and suffering Rs. 50,000/-
2. Medical Bills Rs. 4,90,650/-
3. Food, nourishment and attendant Rs. 11,000/-
charges
4. Future medical expenses Rs. 20,000/-
5. Loss of income during laid up Rs. 30,000/-
period
Digitally Signed By:
K B GEETHA

- 11 -
HC-KAR
NC: 2026:KHC:58574
MFA No. 7562 of 2023


CNR: KAHC010566112023



6. Loss of amenities Rs. 30,000/-
7. Loss of future earnings Rs. 3,24,000/-
TOTAL Rs. 9,55,650/-

24. Hence, the claimant is entitled for total
compensation of Rs.9,55,650/- as against Rs.7,85,650/-
awarded by the Tribunal.
25. Hence, this Court passes the following:
ORDER

a. Appeal filed under Section 173(1) of the Motor
Vehicles Act, 1988 is allowed in part .

b. The Judgment and award dated 02.06.2022 passed
in MVC No.4888/2017 on the file of the Motor
Vehicles Accident Claims Tribunal, Bengaluru (SCCH-
13), is modified holding that the claimant is entitled
for total compensation of Rs.9,55,650/- as against
Rs.7,85,650/- awarded by the Tribunal.

c. The enhanced compensation shall carry interest at
6% per annum from the date of petition till
realization.
Digitally Signed By:
K B GEETHA

- 12 -
HC-KAR
NC: 2026:KHC:58574
MFA No. 7562 of 2023


CNR: KAHC010566112023




d. The appellant-Claimant is not entitled for interest for
the delayed period of 422 days as per order dated
12.01.2026.

e. The respondent Nos.2 and 4 shall deposit the
compensation amount with accrued interest before
the Tribunal within a period of 8 weeks from the date
of receipt of certified copy of this judgment.

f. Disbursement and deposit shall be as per the order
of the Tribunal.

g. No order as to costs

h. Draw modified award accordingly.

i. Registry to transmit the TCR to the Tribunal
forthwith.

Digitally Signed By:

K B GEETHA
(GEETHA K.B.)
JUDGE



SSD
List No.: 1 Sl No.: 17