Disposed¶31

Sri. N. Venugopal v. Sri. Mohammed Abubakar

Karnataka HC12 Jul 2025MFA/3291/2017

Case brief

AI extract

What is this about?

M.F.A. 3291/2017 (MV); Lok Adalat No. 450/2024; motor accident claim; enhancement of compensation; MVC No.7186/2006, MACT Bengaluru (SCCH-11); award dated 03.12.2015; N. Venugopal v. Mohammed Abubakar Mamdi and New India Assurance Co. Ltd.; settlement of Rs.40,000/- additional lump sum; 9% p.a. interest on delayed deposit; appeal disposed of, Tribunal award modified.

What did the court decide?

Enhanced compensation of Rs.40,000/- over the Tribunal award, payable by respondent No.2 (New India Assurance Co. Ltd.), to be deposited before the Tribunal within six weeks of preparation of the award (failing which 9% p.a. interest from the date of default) and released to the appellant/claimant on proper identification. ¶31

Sri. N. Venugopal Vs Sri. Mohammed Abubakar — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶31

Issue for consideration

Whether the appellant/claimant is entitled to enhancement of the compensation awarded by the Tribunal in MVC No.7186/2006.

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Court's answer

By joint memo, the appellant-claimant agreed to receive and the respondent-Insurance Company agreed to pay a lump-sum of Rs.40,000/- in addition to the amount awarded by the Tribunal, in full and final settlement of the claim.

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Ratio / Principle

The respondent-Insurance Company is 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 9% per annum from the date of default until the date of deposit.

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Key takeaways

The entire enhanced compensation amount is to be released in favour of the appellant/claimant on proper identification.ratio¶30
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¶31

Detailed headnote1 paragraphs

Lok Adalat conciliation (National Lok Adalat, High Court Legal Services Committee, Bengaluru): In M.F.A. No. 3291/2017 (MV) filed under S.173(1) of the MV Act against the judgment and award dated 03.12.2015 in MVC No.7186/2006 (I Addl. Small Causes Judge & XXVII ACMM, MACT Bengaluru, SCCH-11) partly allowing compensation, claimant N. Venugopal and respondent New India Assurance Co. Ltd. settled for an additional lump-sum of Rs.40,000/- in full and final settlement; the insurer to deposit the amount before the Tribunal within six weeks, failing which 9% p.a. interest runs from the date of default till deposit; the entire enhanced amount to be released to the claimant on proper identification; appeal disposed of in terms of the joint memo and the Tribunal award modified accordingly.

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¶2

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JULY 2025

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE VIJAYKUMAR A PATIL

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SRI. M.N. UMASHANKAR, MEMBER

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M.F.A.No. 3291/2017(MV)

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(Lok Adalat No. 450/2024 )

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BETWEEN

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SRI. N. VENUGOPAL S/O. SRI. NANJUNDAPPA, AGED ABOUT 42 YEARS, R/AT GAVIPURAM, KEMPEGOWDANAGAR, BENGALURU-560 019. …APPELLANT

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(BY SRI H T JAGADEESH, ADVOCATE)

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AND

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1 . SRI. MOHAMMED ABUBAKAR MAMDI,

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R/AT PEDGOAN VILLAGE AND POST, PARBHANI TALUK AND DISTRICT, MAHARASHTRA STATE- 481161.

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2 . THE NEW INDIA ASSURANCE CO. LTD.,

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REGIONAL OFFICE, UNITY BUILDING, ANNEX, MISSION ROAD, BANGALORE-27. …RESPONDENTS

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(BY SRI.RAJASHEKARA REDDY V ADVOCATE FOR R-2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATEDM 03.12.2015 PASSED IN MVC NO.7186/2006 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND XXVII ACMM, MACT BANGALORE (SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CONCILIATION ORDER

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The learned Counsel appearing for the Appellant - Claimant is present.

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

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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

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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.

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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.

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The entire enhanced compensation amount shall be released in favour of the appellant / claimant, 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

Sri. N. Venugopal v. Sri. Mohammed Abubakar

Case brief

What is this about?

What did the court decide?

Sri. N. Venugopal v. Sri. Mohammed Abubakar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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