Partly allowed

Mr Jayaprakash v. G Ayyapan

Karnataka HC15 Jul 2026MFA/714/2020

Case brief

AI extract

What is this about?

Claimant sought enhancement of motor accident compensation for permanent disability. The High Court affirmed disability assessment and future income but enhanced amounts for laid-up period, loss of amenities, and added medical expenses (notwithstanding insurance reimbursement), vehicle damage and incidental charges, awarding Rs.3,40,562 with 6% interest.

What did the court decide?

Compensation enhanced from Rs.2,34,080 to Rs.3,40,562 with 6% interest; insurer directed to deposit within six weeks.

Mr Jayaprakash Vs G Ayyapan — Insurance | Karnataka HC (2026)

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HC-KAR

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NC: 2026:KHC:36957 MFA No. 714 of 2020

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CNR: KAHC010009872020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE RAJESH RAI K

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MISCELLANEOUS FIRST APPEAL NO. 714 OF 2020 (MV-I)

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BETWEEN:

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MR JAYAPRAKASH S/O.LATE NAGAPPA GOWDA, AGED ABOUT 29 YEARS, RESIDING AT DOOR NO. 1-113, KUTRUPADY VILLAGE, KADABA VILLAGE AND POST, PUTTUR TLAUK, D.K.DISTRICT, PIN-574 221 …APPELLANT

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(BY SRI. RAVISHANKAR SHASTRY G, ADVOCATE)

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AND:

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Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

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G AYYAPAN S/O P.GANESHAN, AGED ABOUT 39 YEARS, RESIDING AT HOUSE NO 2-129/A35, SNEHA NAGAR, HOSABETTU, SURATHKAL, MANGALURU, D.K.DISTRICT, PIN-575019

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO.LTD. SHREE VITTAL COMPLEX, SURATHKAL OPP. POST OFFICE MAIN ROAD, SURATHKAL, MANGALURU,

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HC-KAR

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NC: 2026:KHC:36957 MFA No. 714 of 2020

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CNR: KAHC010009872020

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D.K. DISTRICT, PIN- 575 014

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…RESPONDENTS

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(BY SRI. A.M. VENKATESH, ADVOCATE FOR R2, VIDE ORDER DATED 05/04/2022, NOTICE TO R1 IS HELD SUFFICIENT)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.04.2019 PASSED IN MVC NO.478/2016 ON THE FILE OF THE MACT AND II ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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The claimant, being dissatisfied with the compensation of Rs.2,34,080/- awarded by the Tribunal in MVC.No.487/2016 vide judgment and award dated 25.04.2019, is in appeal.

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The fact that the accident occurred and the further fact that the offending vehicle was insured are not in dispute.

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HC-KAR

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NC: 2026:KHC:36957 MFA No. 714 of 2020

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CNR: KAHC010009872020

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The Tribunal, on assessment of evidence, has awarded the following sums as compensation:

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Sl. No.	Particulars	Amount in (Rs.)
1.	Pain and sufferings	60,000
2.	Loss of future income due to disability	1,36,080
3.	Loss of income during the laid up period	18,000
4.	Loss of amenities in life	20,000
	Total	2,34,080

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The Tribunal, on an analysis of the medical evidence, has rightly concluded that the claimant has suffered permanent disability to the extent of 7% to the whole body and has rightly assessed the income of the claimant at Rs.9,000/- since the accident was of the year 2015. As such, the amount of Rs.1,36,080/- awarded by the Tribunal by applying the multiplier of 18 is just and proper.

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As a consequence, the amount of Rs.18,000/- awarded

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by the Tribunal towards 'loss of income during the laid up

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HC-KAR

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NC: 2026:KHC:36957 MFA No. 714 of 2020

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CNR: KAHC010009872020

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period' would also stand enhanced to Rs.27,000/- (Rs.9,000 X 3 months) treating the laid up period as three months.

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Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards loss of amenities, as against the sum of Rs.20,000/- awarded by the Tribunal.

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The Tribunal has not awarded any sums towards incidental expenses. However, having regard to the treatment taken by the claimant in the hospital for the injuries suffered by him, I deem it just and appropriate to award a sum of Rs.21,000/- towards 'Conveyance, food and nourishment and attendant charges'.

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The sum of Rs.60,000/- awarded by the Tribunal towards pain and suffering, being just and proper having regard to the injuries suffered by the claimant, is affirmed.

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Learned counsel for the claimant would contend that though the bills were produced as per Ex.P16 for having incurred the sum of Rs.46,484/- towards medical expenditure, the Tribunal has erred in not awarding the same. As per

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5 - NC: 2026:KHC:36957 MFA No. 714 of 2020

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HC-KAR

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CNR: KAHC010009872020

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Ex.P16, it is seen that the claimant has incurred aforesaid amount. Further, it is seen that the said amount has been reimbursed/paid by the health insurance company. In the view of the law laid down by the Apex court in the case of NEW

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INDIA ASSURANCE CO. LTD. V. DOLLY SATISH GANDHI & ANOTHER (Civil Appeal No. 3452 of 2026), medical expenses reimbursed under a Mediclaim policy cannot be deducted from compensation awarded by a Motor Accident Claims Tribunal (MACT). As statutory compensation under the Motor Vehicles Act and contractual reimbursement under Mediclaim operate in separate domains, so receiving both does not amount to unjust enrichment. Therefore, the claimant would be entitled to the sum of Rs.46,484/- towards medical expenses.

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As per Ex.P20, it is seen that the vehicle has been damaged. In view of the same, I deem it just and appropriate to award a sum of Rs.20,000/- towards vehicle damage.

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Consequently, the award of the Tribunal is modified and

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the claimant would be entitled to the following compensation:

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HC-KAR

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NC: 2026:KHC:36957 MFA No. 714 of 2020

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CNR: KAHC010009872020

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal	As awarded by this Court
		(Rs.)	(Rs.)
1.	Pain and sufferings	60,000	60,000
2.	Loss of future income	1,36,080	1,36,080
3.	Medical expenses	Nil	46,482
4.	Vehicle damage	Nil	20,000
5.	Loss of income during the laid up period	18,000	27,000
6.	Conveyance, food, nourishment, attendant charges	Nil	21,000
7.	Loss of amenities in life	20,000	30,000
	Total	2,34,080	3,40,562

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Thus, the claimant is held entitled to the total compensation of Rs.3,40,562/- as against Rs.2,34,080/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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HC-KAR

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NC: 2026:KHC:36957 MFA No. 714 of 2020

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CNR: KAHC010009872020

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The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.

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The appeal is accordingly allowed in part .

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SD/(RAJESH RAI K) JUDGE

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PKS List No.: 1 Sl No.: 64

Mr Jayaprakash v. G Ayyapan

Case brief

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Mr Jayaprakash v. G Ayyapan

Case brief

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