The Manager Shriram General Vs Sabhia Nausheen Begum… — Motor Accident Claims | Karnataka HC (2025)

The Manager Shriram General Vs Sabhia Nausheen Begum… — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Both appeals disposed of in terms of the joint memos: the Insurance Company to pay Rs.1,15,00,000/- as full and final settlement in MFA No.200169/2020 and Rs.32,00,000/- in MFA No.200170/2020, to be deposited before the Tribunal within six weeks from receipt of the order; any amount deposited before this Court to be transferred to the Claims Tribunal and any excess refunded to the Insurance Company; Registry to draw the award accordingly; amount in deposit, if any, to be transmitted back to the Tribunal forthwith.

Issue for consideration

Quantum of compensation awarded by the MACT, Kalaburagi in MVC No.1367/2012 and MVC No.1368/2012, as challenged by the appellant-Insurance Company. +1 more

Ratio / Principle

In view of the joint memos recording amicable settlement between the parties, both miscellaneous first appeals (MFA No.200169/2020 and MFA No.200170/2020) are disposed of.

Key takeaways

The Registry is directed to draw the award in terms of the settlement, and any amount in deposit before this Court is to be transmitted back to the Tribunal forthwith.ratio¶78

Detailed headnote1 paragraphs

Shriram General Insurance Co. Ltd. v. Sabhia Nausheen Begum & Ors.; Shriram General Insurance Co. Ltd. v. Akmal Jahan Begum & Ors. (High Court of Karnataka, Kalaburagi Bench, 16.04.2025, NC: 2025:KHC-K:2349-DB) — Two miscellaneous first appeals under S.173(1) MV Act by the insurer challenging the quantum of compensation in the awards dated 04.11.2019 of the Prl. Senior Civil Judge & M.A.C.T., Kalaburagi in MVC No.1367/2012 and MVC No.1368/2012, with the owners of lorry bearing Regn. No. AP-16/TW-7758 and car bearing No. AP-12/E-3399 joined as R6 and R7. On joint memos recording full and final settlement — Rs.1,15,00,000/- payable in MFA No.200169/2020 and Rs.32,00,000/- in MFA No.200170/2020, to be deposited before the Tribunal within six weeks, with any excess refundable to the insurer — the Division Bench (K Natarajan and Vijaykumar A. Patil, JJ.; judgment per Vijaykumar A. Patil, J.) disposed of both appeals, directed the Registry to draw the award accordingly, and ordered any amount in deposit to be transmitted back to the Tribunal. No adjudication of liability or quantum; the matter stands concluded consensually, so the decision carries no ratio on assessment of compensation.

1 - NC: 2025:KHC-K:2349-DB MFA No. 200169 of 2020 C/W MFA No. 200170 of 2020

IN THE HIGH COURT OF KARNATAKA,

KALABURAGI BENCH

DATED THIS THE 16^TH DAY OF APRIL, 2025

PRESENT

THE HON'BLE MR. JUSTICE K NATARAJAN

AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCL. FIRST APPEAL NO. 200169 OF 2020 (MV-D)

C/W

MISCL. FIRST APPEAL NO. 200170 OF 2020

IN M.F.A.NO.200169/2020:

BETWEEN:

THE MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, EPIP RIICO INDUSTRIAL AREA, SITAPUR, JAIPUR, RAJASTHAN NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY

Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA

(BY SRI SUBHASH MALLAPUR & SMT. S.K. KAVYA KAMATH, ADVS.,)

AND:

…APPELLANT

SABHIA NAUSHEEN BEGUM D/O LATE DR. MOHD ABDUL HAQ AGE: 30 YEARS, OCC: DOCTOR

MOHD ABDUL NASIR S/O LATE DR. MOHD ABDUL HAQ AGE: 26 YEARS, OCC: STUDNET

AYESHA SAMREEN D/O LATE DR MOHD ABDUL HAQ

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AGE: 24 YEARS, OCC: STUDENT.

MOHD. ABDUL WARIS S/O MOHD ABDUL KHADAR AGE: 82 YEARS, OCC: PENSIONER

FEROZUNNISA BEGUM W/O MOHD. ABDUL WARIS AGE: 80 YEARS OCC: HOUSEHOLD

R1 TO R5 ARE RESIDENTS OF H. NO.4-601/36B M. B. NAGAR, KALABURAGI – 585102.

IQBAL KHAN S/O MOHAMMED KHAN AGE: 58 YEARS, OCC: OWNER OF LORRY BEARING REGISTRATION NO. AP-16/TW-7758 R/O H NO 3-6-67 LOHAR GALLI, SEDAM, DIST: KALABURAGI – 585104.

MOHD. SARFARZ KHAN S/O MOHD. ABDUL RAZACK AGE: MAJOR, OCC: ONWER OF THE CAR BEARING NO. AP-12/E-3399, R/O NO 18-2-45/A/6, G.M. COCOLONY CHANDANARAYANGUTTA, HYDERABAD – 500004.

…RESPONDENTS (BY SRI B. ALI MOHAMMAD, ADV. FOR R1 TO R5; NOTICE TO R6 SERVED; NOTICE TO R7 DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 04.11.2019 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND M.A.C.T., KALABURAGI, IN MVC NO.1367/2012, WITH COST.

IN M.F.A.NO.200170/2020:

BETWEEN:

THE MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, EPIP RIICO INDUSTRIAL AREA,

3 - NC: 2025:KHC-K:2349-DB MFA No. 200169 of 2020 C/W MFA No. 200170 of 2020

SITAPUR, JAIPUR, RAJASTHAN NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY

…APPELLANT

(BY SRI SUBHASH MALLAPUR & SMT. S.K. KAVYA KAMATH, ADVS.,)

AND:

SMT. AKMAL JAHAN BEGUM W/O LATE MOHAMMED ALEEMUDDIN AGE: 40 YEARS, OCC: HOUSEHOLD WORK,

DANISH S/O LATE MOHAMMED ALEEMUDDIN AGE: 18 YEARS, OCC: STUDENT

ZEBA AMREEN D/O LATE MOHAMMED ALEEMUDDIN AGE: 18 YEARS, OCC: STUDENT,

MOHD. ASGARDUDDIN S/O MOHD. ABDUL RAHEEM

AGE: 77 YEARS, OCC: HOUSEHOLD,

ANZARUNNISA BEGUM W/O MOHD. ASGARUDDIN

AGE: 73 YEARS, OCC: HOUSEHOLD,

R1 TO R5 ARE RESIDENTS OF H.NO.4-601/36B, M. B. NAGAR, KALABURAGI – 585102.

IQBAL KHAN S/O MOHAMMED KHAN AGE: 58 YEARS, OCC: OWNER OF LORRY BEARING REGISTRATION NO. AP-16/TW-7758 R/O H NO 3-6-67 LOHAR GALLI, SEDAM, DIST: KALABURAGI – 585102.

MOHD. SARFARZ KHAN S/O MOHD. ABDUL RAZACK AGE: MAJOR, OCC: ONWER OF THE CAR BEARING NO. AP-12/E-3399, R/O NO 18-2-45/A/6, G.M. COCOLONY

4 - NC: 2025:KHC-K:2349-DB MFA No. 200169 of 2020 C/W MFA No. 200170 of 2020

CHANDANARAYANGUTTA, HYDERABAD – 500004.

…RESPONDENTS (BY SRI B. ALI MOHAMMAD, ADV. FOR R1 TO R5; NOTICE TO R6 & R7 SERVED)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 04.11.2019 PASSED BY THE PRL. SENIOR CIVIL JUDGE & M.A.C.T., KALABURAGI, IN MVC NO.1368/2012, WITH COST.

THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND

HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

MFA No.200169/2020 is filed by the Insurance-

Company challenging the judgment and award dated 04.11.2019 passed in MVC No.3167/2012 by the Principal Senior Civil Judge & M.A.C.T., Kalaburagi and MFA No.200170/2020 is filed by the Insurance-Company challenging the judgment and award dated 04.11.2019 passed in MVC No.1368/2012 by the Principal Senior Civil Judge & M.A.C.T., Kalaburagi.

5 -

NC: 2025:KHC-K:2349-DB MFA No. 200169 of 2020 C/W MFA No. 200170 of 2020

It is submitted by the learned counsel

appearing for the appellant as well as learned counsel for the contesting respondents that the matters are settled amicably outside the Court and they have filed separate

joint memos. Accordingly, they placed the joint memos.

The joint memos are taken on record.

Joint memo in MFA No.200169/2020 reads as

under:

“The appeal bearing MFA No.200169/2020 has been filed by the appellant-Insurance Company challenging the quantum of compensation against the Judgment and award passed in MVC No.1367/2012, on the file of MACT/Tribunal Kalaburagi. The parties to the appeal have settled their claim before this Hon’ble Court on the following terms.

The Respondents have agreed to receive and appellant-Insurance Company has agreed to pay a sum of Rs.1,15,00,000/-(Rs. One Crore Fifteen Lakhs only) as full and final settlement of the claim. Accordingly, the appeal required to be disposed off.

The appellant has agreed to deposit the said amount before the Tribunal within a period of six weeks from the date of the receipt of order. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. The amount in excess if any, shall be refunded to the appellant Insurance Company.”

6 - NC: 2025:KHC-K:2349-DB MFA No. 200169 of 2020 C/W MFA No. 200170 of 2020

Joint memo in MFA No.200170/2020 reads as

under:

“The appeal bearing MFA No.200170/2020 has been filed by the appellant-Insurance Company challenging the quantum of compensation against the Judgment and award passed in MVC No.1368/2012, on the file of MACT/Tribunal Kalaburagi. The parties to the appeal have settled their claim before this Hon’ble Court on the following terms.

The Respondents have agreed to receive and appellant-Insurance Company has agreed to pay a sum of Rs.32,00,000/-(Rs. Thirty Two Lakhs only) as full and final settlement of the claim. Accordingly, the appeal required to be disposed off.

The appellant has agreed to deposit the said amount before the Tribunal within a period of six weeks from the date of the receipt of order. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. The amount in excess if any, shall be refunded to the appellant Insurance Company.”

6. In view of the aforesaid joint memos, these

appeals are disposed off.

Registry is directed to draw the award

accordingly.

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The amount in deposit, if any, shall be

transmitted back to the Tribunal forthwith.

Sd/(K NATARAJAN) JUDGE

Sd/(VIJAYKUMAR A. PATIL) JUDGE

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