Gowramma Vs Shanthaveerappa — Motor Accident Claims | Karnataka HC (2025)

Gowramma Vs Shanthaveerappa — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Additional lumpsum of Rs.70,000/- 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 the award, failing which it carries interest at 9% p.a. from the date of default till deposit; entire enhanced amount to be released to the appellants/claimants on proper identification; Tribunal judgment and award modified accordingly.

Issue for consideration

Enhancement of the compensation awarded by the Tribunal in MVC No.273/2015 to the appellants/claimants.

Court's answer

After prolonged negotiations the matter was settled by joint memo: the appellants/claimants agreed to receive and the respondent-Insurance Company agreed to pay a lumpsum of Rs.70,000/- in addition to the amount already 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 the award; failing which the amount shall carry interest at 9% p.a. from the date of default till the date of deposit.

Key takeaways

The entire enhanced compensation amount shall be released in favour of the appellants/claimants on proper identification.ratio¶36
The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo, and the judgment and award of the Tribunal shall stand modified accordingly.ratio¶38

Detailed headnote1 paragraphs

M.F.A.No. 3062/2020 (MV-I) (Lok Adalat No. 6328/2025) — Enhancement-of-compensation appeal filed under S.173(1) MV Act by claimants Gowramma and P. Manjunatha against the judgment and award dated 06.07.2018 in MVC No.273/2015 (1st Additional Senior Civil Judge and Additional MAC-IV, Chitradurga), which had partly allowed the claim petition. Settled before the National Lok Adalat (Justice Lalitha Kanneganti and Member D. Sudha) on 10.07.2025 by joint memo: the appellants/claimants agreed to receive and the respondent-Insurance Company agreed to pay an additional lumpsum of Rs.70,000/- (Rupees Seventy Thousand only) over and above the Tribunal award, in full and final settlement; the amount to be deposited before the Tribunal within six weeks from preparation of the award, failing which it carries interest at 9% p.a. from the date of default till deposit; the entire enhanced amount to be released to the claimants on proper identification. The appeal stands disposed of in terms of the joint memo and the Tribunal's judgment and award stand 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 10^th DAY OF JULY 2025

CONCILIATORS PRESENT:

THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI

&

SMT. D SUDHA, MEMBER

M.F.A.No. 3062/2020 (MV- I) (Lok Adalat No. 6328/2025)

BETWEEN

1 . SMT. GOWRAMMA W/O. LATE. PARASAPPA, AGED ABOUT 58 YEARS, COOLIE.

2 . MR. P. MANJUNATHA S/O. LATE. PARASAPPA, AGED ABOUT 36 YEARS,

COOLIE,

BOTH ARE R/O.OPPOSITE KGID OFFICE, HOLALKERE ROAD, CHITRADURGA.

...APPELLANTS

(By Sri : CHETHAN D T, ADVOCATE)

AND

1 . SRI. SHANTHAVEERAPPA S/O. CHANDRAPPA, AGED ABOUT 50 YEARS, OWNER OF TRACTOR TRAILER BEARING NO. KA-16-TA-8488, R/O. NANDIPURA VILLAGE, CHITRADURGA TALUK.

2

2 . BRANCH MANAGER,

ROYAL SUNDARAM INSURANCE CO. LTD., BRANCH OFFICE, DOOR NO.620 A-1, 12TH MAIN, 35TH CROSS, 2ND BLOCK, RAJAJINAGAR, BENGALURU - 560 010.

3 . SRI. G. DEVENDRAPPA

S/O. GURUPADAPPA, MAJOR, OWNER OF TRAILER BEARING NO. KA-16-TA-6738, R/O. PILLEKERANAHALLI VILLAGE, CHITRADURGA TALUK.

4 . THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, DAVANAGERE.

….RESPONDENTS

(By Sri: RAVI S SAMPRATHI, ADVOCATE FOR R2 SRI : M.P. SRIKANTH, ADVOCATE FOR R4; V/O DATED 01.03.2023 NOTICE TO R1 IS D/W;)

THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.07.2018 IN MVC NO.273/2015 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MAC-IV, CHITRADURGA, 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:

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CONCILIATION ORDER

The learned Counsel appearing for the Appellant/s - Claimant/s 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/s/-claimant/s (being authorized by the appellant/s/-claimant/s to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellant/s-claimant/s has/have agreed to receive and the respondent-Insurance Company has agreed to pay a lumpsum of Rs.70,000/- (Rupees Seventy 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/s/- claimant/s, 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

AMM