SMT NAVENA B N vs SRI RAMESHA P S
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:58868
MFA No. 3403 of 2026
CNR: KAHC010319722026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 3403 OF 2026
(MV-I)
BETWEEN:
SMT. NAVENA B N
W/O YOGESH K N.
AGED ABOUT 43 YEARS.
R/AT 109, SHIVAKRUPA
TH
6 CROSS, KUVEMPUNAGAR
KUDRUGERE ROAD, MADANAYAKANAHALLI,
DASANAPURA HOBLI.
BANGALORE NORTH TALUK
BENGALORE DISTRICT.
…APPELLANT
(BY SRI. THIPPESWAMY B.C, ADVOCATE)
AND:
1. SRI RAMESHA P S
S/O SHIVANNA
AGED ABOUT 43 YEARS,
R/AT WATER MEN. HEGGADADEVANAPURA.
ALURU POST, DASANAPURA HOBLI
TH
B109, SHIVAKRUPA, 6 CROSS,
KUVEMPUNAGAR, KUDRUGERE ROAD
MADANAYAKANAHALLI, DASANAPURA HOBLI,
BANGALORE NORTH TALUK
BENGALORE DISTRICT.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:58868
MFA No. 3403 of 2026
CNR: KAHC010319722026
(OWNER OF THE HERO HONDA SPLENDOR MOTOR
CYCLE BEARING No.KA-52-K-7148)
2. CHANDARASHEKAR K N
S/O NANJAPPA
AGED ABOUT50 YEARS,
TH
6 CROSS, KUVEMPUNAGAR, KUDRUGERE ROAD
MADANAYAKANAHALLI, DASANAPURA HOBLI
BANGALORE NORTH TALUK,
BENGALORE DISTRICT
(OWNER OF THE SCOOTY BEARING
No.KA05-JS-8386).
3. THE MANAGER
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
TH
GOLDEN HEIGHTS, 4 FLOOR,
TH
No.1 1/2 59 CROSS, 4 MBLOCK, RAJAJINAGAR
BENGALORE-560 010.
(POLICY No.OG-20-4047-1843-0000000
VALID FROM 13-04-2019 TO 12-04-2022)
…RESPONDENTS
(NOTICE TO R1 IS SERVED AND UNREPRESENTED
V/O DTD. 04.06.2026,NOTICES TO R2 & R3 ARE
DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:14.11.2025
PASSED IN MVC No.445/2022 ON THE FILE OF THE XXIV
ADDITIONAL SCJ AND ACJM, 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
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:58868
MFA No. 3403 of 2026
CNR: KAHC010319722026
ORAL JUDGMENT
1. This appeal is filed by the claimant seeking
enhancement of compensation awarded in the judgment
and award dated 14.11.2025 passed in MVC No. 445/2022
by the XXIV Additional Small Causes Judge and Member,
MACT, Bengaluru (SCCH-26).
2. Even though the appeal is listed for `Admission’
today, with the consent of the learned counsel appearing
for appellant – claimant it is taken up for final disposal.
Inspite of service of notice, respondent No. 1 remained
absent and unrepresented.
3. Appellant – claimant made a claim petition
praying to award compensation for the injuries sustained
by him in a road traffic accident that occurred on
02.11.2021 due to the rash and negligent driving by the
rider of motorcycle bearing registration No. KA-52-K-7148.
The Tribunal after recording evidence, appreciating the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:58868
MFA No. 3403 of 2026
CNR: KAHC010319722026
evidence on record, assessed the compensation and
awarded global compensation of Rs.1,00,000/-.
4. The Tribunal has also awarded interest at the
rate of 6% p.a. from date of petition till the date of
realization and directed respondent No. 1 – owner of the
vehicle to deposit the said award amount with interest.
Claimant seeking enhancement of the compensation
awarded, has filed the present appeal.
5. Heard learned counsel for appellant.
6. The accident occurred on 02.11.2021. In the
said accident, claimant had sustained the following
injuries:
Lacerated wound over right foot with open
rd
fracture, dislocation of MTP joint right foot 3
toe.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:58868
MFA No. 3403 of 2026
CNR: KAHC010319722026
7. Considering the said injuries claimant is entitled
to compensation towards pain and suffering in a sum of
Rs.50,000/- and loss of amenities in a sum of Rs.30,000/-.
8. Claimant was admitted in the hospital for 5
days and therefore, entitled to attendant, conveyance,
food and nourishment charges in a sum of Rs.5,000/-
(Rs.1,000 X 5 days).
9. Claimant had produced medical bills of
Rs.83,072/- and the Tribunal has awarded only
Rs.17,579/- and not awarded the balance amount as the
claimant had stated that she had only paid Rs.17,000/-.
Learned counsel for appellant submits that the claimant
got re-imbursement of the amount from the health
insurance policy.
10. In view of the decision of the Hon’ble Apex
Court in the case of New India Assurance Company
Limited Vs. Dolly Satish Gandhi and another, 2026
LiveLaw (SC) 504 , amount reimbursed from insurance
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:58868
MFA No. 3403 of 2026
CNR: KAHC010319722026
policy cannot be deducted while awarding medical
expenses. Therefore, claimant is entitled to total medical
expenses of Rs.83,072/-.
11. Claimant was working as a Nursing Officer and
Ex.P.14 is the salary slip. Claimant was getting
Rs.67,000/- per month as salary. As per Ex.P.13 claimant
had availed earned leave of 45 days. Therefore, claimant
is entitled to loss of income during laid up period in a sum
of Rs.1,00,530/- (Rs.2234 per day X 45 days).
12. In view of the above, claimant is entitled to
total compensation under various heads as under:
1 Pain and suffering Rs.50,000/-
2 Loss of amenities Rs.30,000/-
3 Loss of income during laid Rs.1,00,530/-
up period
4 Medical expenses Rs.83,072/-
5 Attendant, conveyance, food Rs.5,000/-
and nourishment charges
Total Rs.2,68,602/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:58868
MFA No. 3403 of 2026
CNR: KAHC010319722026
13. Considering the above aspects claimant is
entitled to total compensation of Rs.2,68,602/- as against
Rs.1,00,000/- awarded by the Tribunal. Consequently,
claimant is entitled to enhanced compensation of
Rs.1,68,602/- with interest at the rate of 6% p.a. from the
date of petition till the date of realization. Respondent No.
1 – owner is liable to pay the said enhanced compensation
with interest.
14. In view of the above, the following;
O R D E R
a) Appeal is allowed in part.
b) Appellant - claimant is entitled to enhanced
compensation of Rs.1,68,602/- with interest at the
rate of 6% p.a. from the date of petition till the
date of realization.
c) Respondent No. 1 – owner shall deposit the
enhanced compensation with interest before the
Tribunal within two months from this day.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:58868
MFA No. 3403 of 2026
CNR: KAHC010319722026
d) Appellant - claimant is entitled to release of entire
enhanced compensation.
(SHIVASHANKAR AMARANNAVAR)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
JUDGE
LRS
List No.: 1 Sl No.: 43
Ct.sm