Smt Mudakamma Vs Sri Abdul Amin S — Motor Accident Claims | Karnataka HC (2025)

Smt Mudakamma Vs Sri Abdul Amin S — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Enhanced compensation by way of an additional lump-sum of Rs.40,000/- payable by the respondent-Insurance Company over and above the Tribunal award, in full and final settlement; to be deposited before the Tribunal within six weeks from preparation of award, failing which interest at 9% P.A. from date of default till deposit; entire enhanced amount to be released to appellant No.1/claimant No.1 on proper identification; appeal disposed of in terms of joint memo with the Tribunal's judgment and award modified accordingly.

Issue for consideration

Whether the appellants/claimants were entitled to enhancement of the compensation awarded by the Tribunal in MVC No.6683/2022.

Court's answer

After prolonged negotiations and by joint memo, the appellants-claimants agreed to receive and the respondent-Insurance Company agreed to pay a lump-sum of Rs.40,000/- (Rupees Forty Thousand only), in addition to what was awarded by the Tribunal, in full and final settlement of the claim.

Ratio / Principle

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

Key takeaways

On failure to deposit within the stipulated period, the settled amount shall carry interest at 9% P.A. from the date of default till the date of deposit.ratio¶37
The entire enhanced compensation amount is to be released in favour of appellant No.1/claimant No.1 on proper identification.ratio¶38
The Miscellaneous First Appeal stands disposed of in terms of the joint memo, and the Judgment and Award of the Tribunal stands modified accordingly.ratio

Detailed headnote1 paragraphs

Lok Adalat conciliation (High Court Legal Services Committee, Bengaluru) of M.F.A.No.2352/2025 (MV) filed under S.173(1) of the MV Act against the judgment and award dated 01.08.2024 of the XXI Additional Small Cause Judge and ACJM, Member, MACT, Bengaluru (SCCH-23) in MVC No.6683/2022, which had partly allowed the claimants' compensation claim; enhancement was sought. On a joint memo, the appellants/claimants agreed to receive and the respondent-Insurance Company (Royal Sundaram Gen. Ins. Co.) agreed to pay an additional lump-sum of Rs.40,000/- in full and final settlement, to be deposited before the Tribunal within six weeks from preparation of award, failing which it would carry interest at 9% P.A. from the date of default till deposit. The entire enhanced amount was directed to be released to claimant No.1 on proper identification. The appeal stood disposed of in terms of the joint memo and the Tribunal's judgment and award stood modified accordingly (decided 13-08-2025 before conciliators K.S. Hemalekha, J. and K.M. Archana, Member).

1

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF AUGUST 2025

CONCILIATORS PRESENT:

THE HON’BLE MRS.JUSTICE K.S.HEMALEKHA

&

SMT. K.M.ARCHANA, MEMBER

M.F.A.No.2352/2025 (MV) (Lok Adalat No.5555/2025)

BETWEEN

1 . SMT. MUDAKAMMA W/O LATE YENKAPPA @ VENKATAPPA, AGED ABOUT 39 YEARS

2 . SRI. DEVARAJ,

S/O LATE YANKAPPA @ VENKATAPPA, AGED ABOUT 24 YEARS,

3 . SRI. TIMMANNA,

S/O LATE YANKAPPA @ VENKATAPPA, AGED ABOUT 24 YEARS,

4 . SRI. BASAVARAJ,

S/O LATE YANKAPPA @ VENKATAPPA, AGED ABOUT 20 YEARS,

5 . SMT. BHAGYASHRI, S/O LATE YENKAPPA @ VENKATAPPA, AGED ABOUT 18 YEARS,

ALL ARE R/AT:

JALAHALLIDODDI, PAI DODDI, GURUNTA,

2

LINGASAGUR, RAICHUR-584139.

...APPELLANTS

(BY SRI. JAGADEESH H.T, ADVOCATE)

AND

1 . SRI. ABDUL AMIN .S MAJOR, R/AT 54/2, IMMABADA, HOSUR, SALEM, TAMILNADU-635109.

2 . THE MANAGER, ROYAL SUNDARAM GEN INSURANCE CO, LTD., NO.30, THIRD FLOOR, JNR CITY CENTER, RAJA RAM MOHAN ROY ROAD, SAMPANGIRAM NAGAR, BENGALURU-560027.

RESPONDENTS

(By SRI. RAVI S. SAMPRATHI, ADVOCATE FOR RESPONDENT NO.2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2024 PASSED IN MVC NO.6683/2022 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSE JUDGE AND ACJM, MEMBER, MACT, BENGALURU, (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CONCILIATION ORDER

The learned Counsel appearing for the Appellants - Claimants is present.

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

After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs.40,000/- (Rupees Forty Thousand 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 entire enhanced compensation amount shall be released in favour

of the appellant No.1/claimant No.1, on proper identification.

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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

SRK