Sri Shekar K Vs Smt Seena — Motor Accident Claims | Karnataka HC (2025)

Sri Shekar K Vs Smt Seena — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Enhancement of compensation by way of an additional lump-sum of Rs.1,75,000/- payable by the respondent-insurance company in full and final settlement, to be deposited before the Tribunal within six weeks of preparation of the award (failing which 9% p.a. interest accrues from the date of default until deposit) and to be released in its entirety to the appellant/claimant on proper identification; Tribunal judgment and award modified accordingly.

Issue for consideration

Whether the compensation awarded by the Tribunal in MVC No.616/2021 should be enhanced.

Court's answer

After prolonged negotiations the matter was settled through a joint memo signed by the advocate for the appellant/claimant and the advocate for and authorized officer of the respondent-insurance company.

Ratio / Principle

The appellant-claimant agreed to receive, and the respondent-insurance company agreed to pay, a lump-sum of Rs.1,75,000/- in addition to the amount already awarded by the Tribunal, in full and final settlement of the claim.

Key takeaways

The respondent-insurance company agreed to deposit the settlement amount before the Tribunal within six weeks from the date of preparation of the award, failing which the amount shall carry interest at the rate of 9% p.a. from the date of default till the date of deposit.ratio¶30
The entire enhanced compensation amount shall be released in favour of the appellant/claimant on proper identification.ratio¶31
The Miscellaneous First Appeal stands disposed of in terms of the joint memo; the judgment and award of the Tribunal stand modified accordingly, and the award is to be drawn up accordingly.

Detailed headnote1 paragraphs

MOTOR ACCIDENT CLAIMS — ENHANCEMENT OF COMPENSATION — LOK ADALAT CONCILIATION SETTLEMENT (High Court of Karnataka at Bengaluru — National Lok Adalat, 13.09.2025) | M.F.A. No. 2054/2025 (MV I) (Lok Adalat No. 5892/2025) | Filed under S. 173(1) of the MV Act against the judgment and award dated 04.01.2025 passed in MVC No. 616/2021 by the Senior Civil Judge and Additional MACT, Kundapura, which had partly allowed the claim petition for compensation. | After prolonged negotiations, the appeal was settled through a joint memo executed by the advocate for the appellant/claimant and the advocate for, along with the authorized officer of, the respondent-insurance company (National Insurance Co. Ltd., Kundapura Branch). Claimant agreed to receive, and the insurer agreed to pay, an additional lump-sum of Rs. 1,75,000/- (Rupees one lakh seventy five thousand only), over and above the Tribunal-awarded compensation, 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 the amount shall carry interest at 9% p.a. from the date of default till the date of deposit. The entire enhanced amount is to be released to the claimant on proper identification. Appeal disposed of in terms of the joint memo; the Tribunal judgment and award stand modified accordingly. (Conciliators: Hon'ble Mr. Justice Mohammad Nawaz and Dr. S.V. Girikumar, Member.)

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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 SEPTEMBER 2025

CONCILIATORS PRESENT:

THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

&

DR. S.V. GIRIKUMAR, MEMBER

M.F.A.No.2054/2025 (MV I)

(Lok Adalat No.5892/2025)

BETWEEN:

SRI. SHEKAR K. S/O MAHALINGA MOGAVEERA, AGED ABOUT 55 YEARS, R/O B.C.ROAD, BEHIND HANUMAN GARAGE, VADERHOBLI VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT.

...APPELLANT

(BY SRI. NAGARAJA HEGDE, ADVOCATE)

AND:

1 . SMT. SEENA W/O BABU, AGED ABOUT 48 YEARS, R/AT: CHAMANPADATH, UDAYANAGAR, MADDURA VILLAGE, KUNDAPURA TALUK UDUPI DISTRICT-576 101.

2 . NATIONAL INSURANCE CO. LTD. KUNDAPURA BRANCH,

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SRI SAI CENTER, 1^ST FLOOR, Y.M.SHETTY ROAD, KUNDAPURA-576 201. REP. BY ITS BRANCH MANAGER.

…RESPONDENTS

(BY SRI.H.C. BETSUR, ADVOCATE FOR R2 )

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.01.2025 PASSED IN MVC NO.616/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, 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.

The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present.

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.1,75,000/- (Rupees one lakh seventy five thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

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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 entire enhanced compensation amount shall be released in favour of the appellant / claimant, on proper identification.

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

TL