Govindegowda Vs Prasanna M — Motor Accident Claims | Karnataka HC (2025)

Govindegowda Vs Prasanna M — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Settlement recorded in joint memo: insurer (HDFC ERGO General Ins Co Ltd) to pay claimant a lump-sum of Rs.12,00,000/- in addition to the Tribunal award, in full and final settlement; deposit before the Tribunal within six weeks from date of preparation of award, failing which the amount carries 9% P.A. interest from date of default till deposit; apportionment, deposit and release per the Tribunal's Judgment and Award; appeal disposed of and Tribunal award modified accordingly.

Issue for consideration

Whether the compensation awarded by the Tribunal in MVC No.579/2021 should be enhanced. +1 more

Court's answer

In full and final settlement of the claim, the appellant-claimant agreed to receive and the respondent-Insurance Company agreed to pay a lump-sum of Rs.12,00,000/- (Rupees Twelve Lakh only), in addition to what has been awarded by the Tribunal, as recorded in the joint memo.

Ratio / Principle

The respondent-Insurance Company agreed to deposit the settled amount before the Tribunal within six weeks from the date of preparation of the award.

Key takeaways

On failure to deposit within the stipulated period, the said amount shall carry interest at 9% P.A. from the date of default till the date of deposit.ratio¶27
Apportionment, deposit and release of the enhanced compensation shall be made in terms of the Judgment and Award passed by the Claims Tribunal.ratio¶29
The Miscellaneous First Appeal stands disposed of in terms of the joint memo; the Judgment and Award of the Tribunal shall stand modified accordingly, and the award is to be drawn up accordingly.ratio

Detailed headnote1 paragraphs

Conciliation order of the National Lok Adalat (High Court Legal Services Committee, Bengaluru), dated 13-12-2025, disposing of M.F.A.No.1062/2025 (MV), an enhancement appeal under S.173(1) of the MV Act filed by claimant Govindegowda against respondents Prasanna M and The Manager, HDFC ERGO General Ins Co Ltd, challenging the judgment and award dated 08.11.2023 in MVC No.579/2021 (Senior Civil Judge and MACT, Malavalli), which had partly allowed the claim petition. After prolonged negotiations, a joint memo was filed whereby the appellant-claimant agreed to receive and the insurer agreed to pay a lump-sum of Rs.12,00,000/- (Rupees Twelve Lakh only) in addition to the Tribunal award, in full and final settlement. The insurer is to deposit the amount before the Tribunal within six weeks from the date of preparation of the award, failing which it carries interest at 9% P.A. from the date of default till the date of deposit. Apportionment, deposit and release of the enhanced compensation are to follow the Tribunal's Judgment and Award. The appeal stands disposed of in terms of the joint memo and the Tribunal's Judgment and Award stands modified accordingly.

1

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF DECEMBER 2025

CONCILIATORS PRESENT:

THE HON’BLE MR. JUSTICE RAJESH RAI K

&

SMT.NALINA K. MEMBER

M.F.A.No. 1062/2025 (MV) (Lok Adalat No.8671/2025)

BETWEEN:

GOVINDEGOWDA S/O VENKATESH AGED ABOUT 42 YEARS, R/AT ACCALU VILLAGE, SATHANOOR HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT NOW R/AT GUNDAPURA VILLAGE, HALAGURU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT.

...APPELLANT

(BY SRI. RANGEGOWDA N.R., ADVOCATE)

AND:

PRASANNA M

S/O MOHAN, R/O NO.109/2A,

2

2^ND CROSS, 2^ND MAIN ROAD, RAJENDRANAGAR, MYSORE - 570 007.

THE MANAGER HDFC ERGO GENERAL INS CO LTD., NO.25/1, 2^ND FLOOR, BUILDING NO.2, M.G.ROAD, SHANKARNARAYANA BUILDING, BANGALORE - 560 001.

(BY SRI. B. PRADEEP, ADVOCATE FOR R-2)

MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.11.2023 PASSED IN MVC NO.579/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT AT MALAVALLI PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

CONCILIATION ORDER

The learned Counsel appearing for the Appellant - Claimant is present through video conferencing/physical hearing. The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present.

3

After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.12,00,000/- (Rupees Twelve Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

The Respondent - Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of award, failing which the said amount shall carry interest at the rate of 9% P.A. from the date of default, till the date of deposit.

The apportionment, deposit and release of the enhanced compensation

amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal.

4

This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.

Sd/JUDGE

Sd/-

MEMBER

GPG