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Anand Kumar Vs Murthy — Motor Accident Claims | Karnataka HC (2025)

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Karnataka HC
2025
Anand Kumar Vs MurthyAnand Kumar v. Murthy

Disposed¶37

Anand Kumar v. Murthy

Motor Vehicles Act – S.173(1)

Karnataka HC27 Oct 2025MFA/2391/2017

Case brief

AI extract

What is this about?

Enhancement of compensation appeal disposed of on the insurer's memo of settlement. MFA No. 2391 of 2017 (MV-D), NC: 2025:KHC:42890, High Court of Karnataka at Bengaluru, decided 27-10-2025 by Dr. Justice K. Manmadha Rao. Appeal under S.173(1) of the Motor Vehicles Act against the award dated 25.01.2017 in MVC No.4315/2015 (XXIII Additional Small Cause Judge, MACT, Court of Small Causes, Bengaluru), which had partly allowed the claim petition. Appeal disposed of, not on merits, in view of the memo dated 08.07.2025 filed by respondent No.2/National Insurance Company Limited recording lokadalath settlement dated 19.09.2020 of the insurer's quantum appeal MFA No.32/2020 for Rs.7,80,000/- and deposit of the entire agreed amount before MACT, Bengaluru. No precedent cited or discussed. Keywords: enhancement of compensation; lokadalath settlement; memo; disposal of appeal; S.173(1) MV Act; MACT Bengaluru.

What did the court decide?

MFA disposed of in view of the memo filed by respondent No.2; the enhancement claim was not adjudicated on merits; Registry directed to return the trial court records forthwith. ¶37

Why is it important?

In view of the memo filed by respondent No.2 (recording that the insurer's appeal MFA No.32/2020 against the same award was settled in lokadalath for Rs.7,80,000/- and the entire agreed amount deposited), this MFA is disposed of. ¶37

What the court decided

AI extract

Outcome

MFA disposed of in view of the memo filed by respondent No.2; the enhancement claim was not adjudicated on merits; Registry directed to return the trial court records forthwith.

Issue for consideration

Whether the appellants were entitled to enhancement of the compensation awarded by the MACT in MVC No.4315/2015.

Ratio / Principle

In view of the memo filed by respondent No.2 (recording that the insurer's appeal MFA No.32/2020 against the same award was settled in lokadalath for Rs.7,80,000/- and the entire agreed amount deposited), this MFA is disposed of.

Key takeaways

The Registry is directed to return the trial court records forthwith.ratio¶38

Detailed headnote1 paragraphs

Motor Vehicles Act — S.173(1) — Miscellaneous First Appeal (MV-D) seeking enhancement of compensation awarded by the XXIII Additional Small Cause Judge, MACT, Court of Small Causes, Bengaluru, in MVC No.4315/2015 (judgment and award dated 25.01.2017, claim petition partly allowed) — disposed of, without adjudication on merits, in view of the memo filed by respondent No.2/insurer stating that the insurer's appeal MFA No.32/2020 against the same award, on the question of quantum, was settled in lokadalath on 19.09.2020 for Rs.7,80,000/- and the entire agreed amount was deposited before MACT, Bengaluru — Registry directed to return the trial court records forthwith (Dr. Justice K. Manmadha Rao).

A

NC: 2025:KHC:42890 MFA No. 2391 of 2017

1 -

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 2391 OF 2017 (MV-D)

BETWEEN:

ANAND KUMAR S/O LATE NARAYANA SHETTY AGED ABOUT 37 YEARS

SMT JAYAMMA W/O LATE NARAYANA SHETTY AGED ABOUT 57 YEARS

BOTH ARE R/O JINKE BACHAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPUR TALUK, BANGALORE RURAL DISTRICT- 561203

…APPELLANTS

(BY SRI. N S BHAT., ADVOCATE)

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

AND:

MURTHY S/O LAKSHMAIAH AGED 42 YEARS R/AT NO. 73, DIBBUR VILLAGE, KAKOLU POST, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK BENGALURU - 560089 (OWNER OF THE EICHER CANTER BEARING REG NO KA - 11-2985)

THE MANAGER

NATIONAL INSURANCE COMPANY LIMITED NO. 1974

2 - NC: 2025:KHC:42890 MFA No. 2391 of 2017

HC-KAR

SRINIVASA MARKET COMPLEX, CINEMA ROAD, DODDABALLAPUR TOWN & TALUK BENGALURU RURAL DISTRICT - 561203 (POLICY NO. 60420231146700004699 IS VALID FROM 29-7-2014 TO 28-7-2015)

…RESPONDENTS

(BY SRI. K.SRIDHARA., ADVOCATE FOR R2; R1- SERVED AND UNREPRESENTED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.01.2017 PASSED IN MVC NO.4315/2015 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSE JUDGE, MACT, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

ORAL JUDGMENT

Both counsel present.

Learned counsel for respondent No.2 has filed a

memo dated 08.07.2025 and the memo reads as follows:

"MEMO

The second respondent Insurance company most respectfully submits that, the II respondent has filed MFA No 32/2020 challenging the judgment and award of the MACT in MVC No. 4315/2015 on the question of quantum. The appellants herein were the respondents in the said appeal filed by the company in MFA No. 32/2020. The MFA was settled

3 - NC: 2025:KHC:42890 MFA No. 2391 of 2017

HC-KAR

in the lokadalath on 19/09/2020 for 7,80,000/-. The II respondent insurance company herein also deposited the entire agreed amount before MACT, Bangalore in MVC NO. 4315/2015. A copy of the lokadalath award, joint memo, deposit memo and cheque is herewith furnished for the kind perusal of this Hon'ble court. In view of the same this appeal may kindly be dismissed in the facts and circumstances of the case, in the interest of justice".

In view of the memo filed by respondent No.2, this

MFA is disposed of .

The Registry is directed to return back the Trial

Court records forthwith.

Sd/(DR.K.MANMADHA RAO) JUDGE

GSR List No.: 1 Sl No.: 1

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the appellants were entitled to enhancement of the compensation awarded by the MACT in MVC No.4315/2015.medium confidence¶24

Statutes considered

1 provisions across 1 enactments

AI extract

Motor Vehicles Act173(1)¶24

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and award dated 25.01.2017 in MVC No.4315/2015, partly allowing the claim petition for compensation; challenged in this appeal seeking enhancement of compensation.¶24
XXIII Additional Small Cause Judge, MACT, Court of Small Causes, Bengaluru · 25.01.2017
Prior proceeding
As stated in the memo filed by respondent No.2/insurer, the insurer had filed MFA No.32/2020 against the same MACT judgment and award in MVC No.4315/2015 on the question of quantum; the present appellants were the respondents therein.¶32
Prior proceeding
As stated in the memo, the insurer's appeal MFA No.32/2020 was settled in lokadalath on 19.09.2020 for Rs.7,80,000/- and the insurer deposited the entire agreed amount before MACT, Bengaluru in MVC No.4315/2015.¶35
Prior proceeding
Learned counsel for respondent No.2 filed a memo dated 08.07.2025 in this Court recording the settlement and seeking dismissal of this appeal.¶30

Parties & counsel

AI extract

appellant
Anand Kumar S/o Late Narayana Shetty¶9
N. S. Bhat
appellant
Smt Jayamma W/o Late Narayana Shetty¶10
N. S. Bhat
respondent
Murthy S/o Lakshmaiah (owner of the Eicher Canter bearing Reg No KA-11-2985)¶16
respondent
The Manager, National Insurance Company Limited¶18
K. Sridhara

Coram

AI extract

Dr. Justice K. Manmadha Raoauthor¶26

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 27 Oct 2025 · October
Registered: 16 Mar 2017
Case no.: MFA/2391/2017
CNR: KAHC010249302017
Topic: Motor Accident Claims
Bench: K.manmadha Rao
Disposal: DISPOSED
Case type: MFA (MV-D)

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Cite this judgement

Anand Kumar v. Murthy, MFA/2391/2017 (KA), decided on 27 October 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Motor Vehicles Act173(1)

View all statutes

Procedural history4

Judgment and award dated 25.01.2017 in MVC No.4315/2015, partly allowing the claim petition for compensation; challenged in this appeal seeking enhancement of compensation.XXIII Additional Small Cause Judge, MACT, Court of Small Causes, Bengaluru · 25.01.2017
As stated in the memo filed by respondent No.2/insurer, the insurer had filed MFA No.32/2020 against the same MACT judgment and award in MVC No.4315/2015 on the question of quantum; the present appellants were the respondents therein.
As stated in the memo, the insurer's appeal MFA No.32/2020 was settled in lokadalath on 19.09.2020 for Rs.7,80,000/- and the insurer deposited the entire agreed amount before MACT, Bengaluru in MVC No.4315/2015.

View full history

Bench / Coram

Dr. Justice K. Manmadha Rao

Parties & counsel