Suresh Amin Vs Chandrashekhar — Karnataka HC (2025) — LawSathi Research

Suresh Amin Vs Chandrashekhar — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Settlement before National Lok Adalat: appellant/claimant to receive an additional lump sum of Rs.90,000/- over and above the Tribunal award, in full and final settlement, payable by the respondent-Insurance Company; MFA disposed of in terms of joint memo with the Tribunal's judgment and award modified accordingly.

Issue for consideration

Whether the compensation awarded by the Tribunal in MVC No.962/2017 should be enhanced, as sought by the appellant/claimant under S.173(1) of the MV Act.

Court's answer

After prolonged negotiations before the National Lok Adalat, the matter was settled by joint memo: the appellant/claimant agreed to receive and the respondent-Insurance Company agreed to pay a lump sum of Rs.90,000/- in addition to the amount 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 said 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 appellant/claimant on proper identification.ratio¶34
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¶35

Detailed headnote1 paragraphs

Motor Accident Claims — Enhancement — M.F.A. No. 3577/2020 (MV-I) under S.173(1) of the MV Act against the judgment and award dated 22.06.2020 in MVC No.962/2017 of the II Additional Senior Civil Judge and Additional MACT, Udupi, whereby the claim petition was partly allowed — Matter referred to and settled before the National Lok Adalat (Lok Adalat No. 6329/2025) — By joint memo, the claimant agreed to receive and the insurer (Royal Sundaram General Insurance Co. Ltd.) agreed to pay a lump sum of Rs.90,000/- in addition to the Tribunal award, in full and final settlement — Insurer to deposit the amount before the Tribunal within six weeks from the date of preparation of the award, failing which it carries interest at 9% p.a. from the date of default till deposit — Entire enhanced compensation to be released to the claimant on proper identification — Miscellaneous First Appeal disposed of in terms of the joint memo; Tribunal's judgment and award modified accordingly. (Conciliation order dated 10.07.2025, Coram: Smt. Justice Lalitha Kanneganti and Smt. D Sudha, Member.)

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. 3577/2020 (MV- I) (Lok Adalat No. 6329/2025)

BETWEEN

SRI. SURESH AMIN S/O. SANJEEVA, AGED ABOUT 53 YEARS, R/AT. D.NO. 2-10, KADAVINA BAGILU, OLD BUS STAND, BAPPANADU, MULKI, MANGALORE DK - 574 154.

...APPELLANT

(By Sri. PRATHEEP K C, ADVOCATE)

AND

1 . SRI. CHANDRASHEKHAR S/O. ISHWARA,

AGED ABOUT 64 YEARS, R/AT D.NO. 17-19-1379-1, FLAT NO.101, RETREAT APARTEMNT, S.L. MATHIAS ROAD, FALNIR MANGALORE, KANARA SOUTH - 575 001.

2 . THE ROYAL SUNDARAM GENERAL

INSURANCE CO. LTD., DIVISIONAL MANAGER, DIVISIONAL OFFICE, 2ND FLOOR, ANDRADE ARCADE,

2

NEAR SYNDICATE BANK, CATHOLIC CENTER, K.M. MARG, UDUPI - 576 101.

….RESPONDENTS

(By Sri. RAVI S SAMPRATH, ADVOCATE FOR R2; V/O DTD. 10.10.2022 NOTICE TO R1 IS D/W)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 22.06.2020 PASSED IN MVC NO.962/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, 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/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 lump-

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sum of Rs.90,000/- (Rupees Ninety 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.

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