Smt S Malavathi Vs Joginayuni Sreenivasulu — Motor Accident Claims | Karnataka HC (2025)

Smt S Malavathi Vs Joginayuni Sreenivasulu — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed; enhancement of Rs.9,57,722/- towards medical bills ordered, to be deposited by the respondent-Insurance Company with interest at 7% per annum from the date of petition till realisation, within one month, and withdrawable by the appellant along with accrued interest.

Issue for consideration

Whether the appellant-claimant is entitled to enhancement of compensation towards medical expenses beyond the amount awarded by the Tribunal, having incurred Rs.13,45,185/- towards medical bills (Exhibit P.18) against which the Tribunal awarded only Rs.3,87,463/-.

Court's answer

Since the appellant filed additional documents in support of her contention and could not get the entire reimbursement amount, this Court finds it reasonable to grant Rs.9,57,722/- towards medical bills, as claimed by the appellant.

Ratio / Principle

The respondent-Insurance Company is directed to deposit Rs.9,57,722/- with interest at the rate of 7% per annum from the date of petition till the date of realisation, within one month from receipt of copy of the order, on which deposit the appellant may withdraw the entire amount along with accrued interest.

Detailed headnote1 paragraphs

Motor Accident Claims - Enhancement of compensation - Medical expenses - Deceased husband of the claimant-appellant was a government employee; as per Exhibit P.18 he incurred Rs.13,45,185/- towards medical bills, but the Tribunal (MACT, XVI Additional Judge, Court of Small Causes, Bengaluru, SCCH-14, in MVC No.5294/2019, award dated 08.12.2021) awarded only Rs.3,87,463/- towards medical expenses within a total compensation of Rs.25,80,800/- with 7% interest. Held: since the appellant filed additional documents and could not obtain the entire reimbursement amount, it is reasonable to grant Rs.9,57,722/- towards medical bills as claimed; the respondent-Insurance Company is directed to deposit that amount with interest at 7% per annum from the date of petition till realisation, within one month, permitting withdrawal of the entire amount with accrued interest. Appeal allowed. (Justice P Sree Sudha, 04.07.2025.)

1 - NC: 2025:KHC:24220 MFA No. 3874 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA MFA NO. 3874 OF 2022 (MV-D)

BETWEEN:

SMT S MALAVATHI, AGED ABOUT 58 YEARS, W/O. LATE V. RAJENDRAN, R/A NO.87, 1^ST CROSS, B STREET, MAGADI ROAD, BENGALURU-560 023.

…APPELLANT

(BY SRI. NAGARAJA REDDY D., ADVOCATE)

AND:

Digitally signed by MADHURI S Location: High Court of Karnataka

JOGINAYUNI SREENIVASULU, MAJOR, S/O. J. VENKATARAMANA, R/A.NO.11/1, MUKHIL NIVAS, 2^ND MAIN, 16^TH CROSS, LAKKSANDRA, BENGALURU-560 030.

THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, TP HUB, NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BENGALURU-560 025.

…RESPONDENTS

(BY SRI. FAYAZ SAB B G., ADVOCATE FOR R1, SRI. ASHOK N NAYAK, ADVOCATE FOR R2)

2 - NC: 2025:KHC:24220 MFA No. 3874 of 2022

HC-KAR

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.12.2021 PASSED IN MVC NO.5294/2019 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, SCCH-14, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION

THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT

This appeal is filed against the judgment and award dated 08.12.2021 passed by the Member, MACT, XVI Additional Judge, Court of Small Causes, Bengaluru (SCCH-14) in MVC No.5294/2019 wherein the claimant was granted total compensation of Rs.25,80,800/- with interest at the rate of 7% per annum from the date of petition till realization.

The main grievance of the appellant is that her deceased husband was a government employee. The appellant submitted bills for medical reimbursement. As per Exhibit P.18, the deceased incurred Rs.13,45,185/- towards medical bills, but the Tribunal awarded an amount of Rs.3,87,463/- only and thus, the appellant requested for granting the balance amount

3 - NC: 2025:KHC:24220 MFA No. 3874 of 2022

HC-KAR

of Rs.9,57,722/- towards medical expenses. As already, the appellant filed additional documents in support of her contention and she could not get the entire reimbursement amount, this Court finds it reasonable to grant Rs.9,57,722/towards medical bills, as claimed by the appellant.

In the result, I pass the following order:

(i) The appeal is allowed.

(ii) The respondent-Insurance company is directed to

deposit the amount of Rs.9,57,722/- with interest at the rate of 7% per annum from the date of petition till the date of realisation.

(iii) The respondent-Insurance Company shall deposit the aforesaid amount within one month from the date of receipt of copy of this order.

(iv) On such deposit, the appellant is permitted to withdraw the entire amount along with interest accrued thereon.

Sd/(P SREE SUDHA) JUDGE

CS

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