Partly allowed

Sangeetha Nandagopalan v. Rakesh Chandra

Karnataka HC18 Sept 2026MFA/5007/2026

Case brief

AI extract

What is this about?

The claimant appealed against a Motor Accident Claims Tribunal award seeking enhancement of compensation. The Tribunal had deducted Rs.2,11,079 and Rs.58,728 from medical bills on the ground that those amounts were reimbursed by the claimant's health insurer. The High Court held that such deduction is impermissible under the Supreme Court ruling in New India Assurance Co. Ltd. v. Dolly Satish Gandhi, allowing the appeal in part and awarding an enhanced compensation of Rs.2,69,807 with interest at 6% per annum from the date of petition.

What did the court decide?

Enhanced compensation of Rs.2,69,807 with interest at 6% per annum from date of petition till realisation; Respondent No.3/insurer to deposit amount before Tribunal within six weeks.

Sangeetha Nandagopalan Vs Rakesh Chandra — Motor Accident Claims | Karnataka HC (2026)

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NC: 2026:KHC:51066 MFA No. 5007 of 2026

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HC-KAR

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CNR: KAHC010453322026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF SEPTEMBER, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 5007 OF 2026 (MV-I)

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BETWEEN:

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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.

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…APPELLANT

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(BY SRI. SHASTRI SHRIPAD VISHWANATHA, ADVOCATE)

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Digitally signed by PADMASHREE SHEKHAR DESAI

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Location: HIGH COURT OF KARNATAKA

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AND:

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RAKESH CHANDRA R/AT NO.30, MARAGONDANAHALLI MAIN ROAD, R R LAYOUT, BANGALORE - 36.

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RAMBABU DUVVURU S/O BUJJAIAH D., R/AT NO.C004, DAALIYA DADDYS GARDEN, ELECTRONIC CITY POST, BENGALURU - 560 100.

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HDFC ERGO GENERAL INSURANCE COMPANY LIMTED NO.25/1, II FLOOR, BUILDING NO.2, SHANKARANARAYANA BUILDING, M G ROAD,

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2 - NC: 2026:KHC:51066 MFA No. 5007 of 2026

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HC-KAR

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CNR: KAHC010453322026

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BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI. H.S. LINGARAJU, ADVOCATE FOR R3; VIDE ORDER DATED 14.07.2026, NOTICE TO R1 & R2 IS DISPENSED WITH)

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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.

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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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

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ACJM and Member, MACT, Bengaluru (SCCH-26).

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Even though the matter is listed today for admission , with the consent of both the learned counsel for appellant and learned counsel for respondent

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No.3/insurer, the matter is taken up for disposal.

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3 - NC: 2026:KHC:51066 MFA No. 5007 of 2026

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HC-KAR

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CNR: KAHC010453322026

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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.

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The Tribunal recorded the evidence adduced by

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the parties and upon appreciating the evidence on record, assessed the compensation and awarded the

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compensation under various heads as under:

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Sl.	Particulars		Amount
No.
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/-

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4 - NC: 2026:KHC:51066 MFA No. 5007 of 2026

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HC-KAR

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CNR: KAHC010453322026

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The Tribunal has also awarded the interest at

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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.

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Heard the learned counsel for appellant and learned counsel for respondent No.3/insurer.

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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.

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On perusal of paragraph No.35 of the impugned judgment, it is clear that the Tribunal has deducted

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5 - NC: 2026:KHC:51066 MFA No. 5007 of 2026

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HC-KAR

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CNR: KAHC010453322026

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Rs.2,11,079/- and Rs.58,728/- out of the medical bills on

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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

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Court in the case of NEW INDIA ASSURANCE

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COMPANY LIMITED vs. DOLLY SATISH GANDHI &

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ANR. reported in 2026 INSC 498 , if any reimbursement has got by the claimant, that cannot be deducted in the total medical expenses.

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Considering the above aspect, the claimant is entitled to a sum of Rs.2,69,807/- (Rs.2,11,079/- and

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Rs.58,728/-) deducted by the Tribunal.

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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.

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Respondent No.3/insurer is liable to pay the said enhanced compensation amount with interest.

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NC: 2026:KHC:51066 MFA No. 5007 of 2026

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HC-KAR

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CNR: KAHC010453322026

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In view of the above, the following:

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ORDER

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i) Miscellaneous First Appeal is allowed-inpart .

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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.

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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.

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iv) The appellant/claimant is entitled to release of entire enhanced compensation with interest.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV

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List No.: 1 Sl No.: 6

Sangeetha Nandagopalan v. Rakesh Chandra

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Sangeetha Nandagopalan v. Rakesh Chandra

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