Smt. Latha. R Vs Smt. Jayasudha. M — Motor Accident Claims | Karnataka HC (2025)

Smt. Latha. R Vs Smt. Jayasudha. M — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed in part: impugned Tribunal award modified to grant claimants an additional global compensation of Rs.4,50,000/- (without interest) payable by Respondent No.2 insurance company, over and above the Tribunal award of Rs.24,73,792/- with 6% interest; deposit within six weeks; release per Tribunal terms; other terms retained.

Issue for consideration

Whether the compensation of Rs.24,73,792/- (with 6% interest) awarded by the Tribunal for the death of Gopal D in the road traffic accident was inadequate and required enhancement.

Court's answer

The appeal is allowed in part; the impugned judgment and award dated 04.05.2022 in MVC No.2048/2020 stands modified to the extent that the appellants-claimants are entitled to an additional global compensation of Rs.4,50,000/- (Rupees four lakhs fifty thousand only), which shall not carry any interest, in addition to the Tribunal award of Rs.24,73,792/- with interest at 6% per annum.

Ratio / Principle

In view of the amicable settlement recorded in the joint memo dated 10.3.2025 and the insurer's agreement to pay the additional global compensation of Rs.4,50,000/- without interest, the Court did not delve into the merits of the matter.

Key takeaways

Respondent No.2 - insurance company shall deposit the compensation amount within six weeks from receipt of a copy of the judgment; the amount is to be released to the claimants as per the Tribunal's terms by electronic transfer upon furnishing bank details/proper identification, and all other terms regarding deposit, apportionment and release are retained.ratio¶¶47

Detailed headnote1 paragraphs

Motor Accidents — Enhancement — MFA No.3979/2023 (MV-D) filed u/S.173(1) MV Act against judgment and award dt.04.05.2022 in MVC No.2048/2020 (1st Addl. Small Causes Judge & MACT, Bengaluru, SCCH-11), whereby claimants (widow, two minor children and mother of deceased Gopal D) were awarded Rs.24,73,792/- with interest at 6% p.a. for death in a road traffic accident involving vehicle TN-52-F-6275 insured with Royal Sundaram General Insurance Co. Ltd. (Policy No.VGC 0558525000100). During pendency, parties filed joint memo dt.10.03.2025 agreeing to amicable settlement; insurer agreed to pay an additional global compensation of Rs.4,50,000/- without interest, over and above the Tribunal award. Court, not delving into merits, allowed the appeal in part, modified the impugned award accordingly, directed deposit within six weeks and release by electronic transfer as per Tribunal terms, retaining all other terms on deposit, apportionment and release. (Paras 35-49)

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NC: 2025:KHC:10530 MFA No. 3979 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF MARCH, 2025 BEFORE

THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3979 OF 2023 (MV-D)

BETWEEN:

SMT. LATHA. R W/O LATE GOPAL D AGED ABOUT 36 YEARS

NAMRATHA G D/O GOPAL D AGED ABOUT 12 YEARS MINOR REPRESENTED BY NATURAL GUARDIAN - MOTHER LATHA R APPELLANT NO.1 HEREIN R/AT NO.PID-53-521-508 8^TH CROSS, PATEL CHANNAPPA BADAVANE MUNESHWARANAGARA NELAMANGALA BENGALURU RURAL-562 123

Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

SANIKA G D/O GOPAL D AGED ABOUT 10 YEARS MINOR REPRESENTED BY NATURAL GUARDIAN - MOTHER LATHA R APPELLANT NO.1 HEREIN R/AT NO.PID-53-521-508 8^TH CROSS PATEL CHANNAPPA BADAVANE MUNESHWARANAGARA NELAMANGALA BENGALURU RURAL-562 123

SAVITHRAMMA W/O LATE DASEGOWDA AGED ABOUT 67 YEARS

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NC: 2025:KHC:10530 MFA No. 3979 of 2023

R/AT KENJIGANAHALLI KANNAMANGALA DODDABALLAPURA TLAUK BENGALURU RURAL-562 123

…APPELLANTS

(BY SRI. SATHEESH H K.,ADVOCATE)

AND:

SMT. JAYASUDHA. M W/O MANIVEL NO.48, ELLAPALAYAM ARASIRAMANI ALATHUR POST SANKARI TALUK SALEM DISTRICT TAMIL NADU-637101 (OWNER OF THE VEHICLE BEARING NO.TN-52-F-6275)

THE MANAGER ROYAL SUNDARAM GEN INS COMPANY LTD RAJARAM MOHAN ROY ROAD OPP RICHMOND ROAD BENGALURU-560027 (POLICY NO.VGC 0558525000100 VALID FROM 04/06/2019 TO 03/06/2020)

…RESPONDENTS

(BY SRI.RAVI S. SAMPRATHI .,ADVOCATE FFOR R-2; NOTICE TO R-1 IS DISPENSED WITH V.O.D 09.08.2023)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.04.05.2022 PASSED IN MVC NO.2048/2020 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU, (SCCH-11), ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION

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

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CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR

ORAL JUDGMENT

This appeal is preferred by the appellants-claimants challenging the judgment and award dated 4^th May 2022 passed in MVC No.2048/2020 on the file of the 1^st Addl. Small Causes Judge and Member, MACT, Bengaluru (for short ‘the tribunal’). This appeal is founded on the premise of inadequate and meager compensation awarded by the tribunal.

Parties to the appeal shall be referred to as per their status before the tribunal.

I have heard Sri Satheesh H.K., learned counsel for the appellants as well as Sri Ravi Samprathi, learned counsel for Respondent No.2 - Insurance company.

The occurrence of the accident, involvement of the vehicle, death having occurred due to the road traffic accident, are all established. On the basis of the materials placed on record, both oral and documentary,

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NC: 2025:KHC:10530 MFA No. 3979 of 2023

the Tribunal has awarded total compensation of Rs.24,73,792/- with interest at 6% per annum and directed the respondent No.2 - insurance company to pay the compensation.

Being aggrieved by the inadequate compensation,

the claimants are before this Court for enhancement of compensation.

During the pendency of this appeal, parties have agreed to settle the matter amicably. Accordingly, they filed a joint memo dated 10.3.2025 today in the open

Court. The said memo is signed by learned counsel for appellants as well as learned counsel for Respondent No.2. The memo is placed on record.

The 2^nd respondent - insurance company has agreed to settle the claim in full and final settlement for sum of Rs.4,50,000/-, in addition to what has been awarded by the Tribunal. The said additional amount of compensation is the global compensation, which shall not

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carry interest. The appellants - claimants have agreed for the same.

In view of both the parties having amicably settled the matter and the 2^nd respondent agreed to pay the additional global compensation of Rs.4,50,000/without any interest and the appellants having agreed for the same, this Court would not delve into the merits of the matter. Under the circumstances, I pass the following:

O R D E R

i) The appeal is allowed in part .

ii) The impugned judgment and award dated 4^th May 2022 passed in MVC No.2048/2020, on the file of the 1^st Addl. Small Causes Judge & Member, MACT, Bengaluru, stands modified to an extent that the appellants - claimants are entitled for an additional global compensation of Rs.4,50,000/- (Rupees four lakhs fifty thousand only), which shall not carry any interest. It is made clear this is in addition to the compensation awarded by the Tribunal by the impugned judgment and

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award amounting to Rs.24,73,792/- with interest at 6% per annum.

iii) The 2^nd respondent - insurance company shall deposit the compensation amount within a period of six weeks from the date of receipt of a copy of this judgment.

iv) The compensation amount shall be released in favour of the appellants-claimants as per the terms of the tribunal by electronic transfer to the claimants upon furnishing the required bank details/upon proper identification.

v) All other terms with regard to deposit, apportionment and release of the compensation amount, are retained.

Sd/(PRADEEP SINGH YERUR) JUDGE

GSS

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