Mahesh. K. C. Vs Mr. Rakesh. N — Motor Accident Claims | Karnataka HC (2025)

Mahesh. K. C. Vs Mr. Rakesh. N — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Additional lump-sum of Rs.1,50,000/- to the appellant-claimant over and above the Tribunal award, in full and final settlement; to be deposited before the Tribunal within six weeks from date of preparation of award (failing which 9% P.A. interest from date of default till deposit) and released to the claimant on proper identification.

Issue for consideration

Whether the compensation awarded by the Tribunal in MVC No.280/2020 should be enhanced.

Court's answer

After prolonged negotiations the matter is settled pursuant to a joint memo signed by the learned advocate for the appellant/claimant (authorized by the claimant) and the learned advocate for the respondent-Insurance Company together with its authorized officer.

Ratio / Principle

The appellant-claimant agreed to receive and the respondent-Insurance Company agreed to pay a lump-sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

Key takeaways

The respondent-Insurance Company shall deposit the settlement amount before the Tribunal within six weeks from the date of preparation of award, failing which it shall carry interest at 9% P.A. from the date of default till the date of deposit.ratio¶31
The entire enhanced compensation amount shall be released in favour of the appellant/claimant on proper identification.ratio¶32
The Miscellaneous First Appeal stands disposed of in terms of the joint memo; the Judgment and Award of the Tribunal shall stand modified accordingly and the award is to be drawn up accordingly.

Detailed headnote1 paragraphs

Conciliation settlement before the National Lok Adalat (High Court Legal Services Committee, Bengaluru) on 25.09.2025 of M.F.A.No. 4825/2023 (MV) — Mahesh K.C. (claimant/appellant) v. Rakesh N. and Liberty General Insurance Co Ltd. The appeal under S.173(1) MV Act sought enhancement of compensation awarded by judgment and award dated 17.08.2022 in MVC No.280/2020 (XV Addl. Small Causes Judge and XXIII ACMM, Bengaluru, SCCH-19), which had partly allowed the claim. After negotiations recorded in a joint memo, the insurer agreed to pay a further lump-sum of Rs.1,50,000/- in addition to the Tribunal award in full and final settlement, to be deposited before the Tribunal within six weeks of preparation of the award, failing which it carries interest at 9% P.A. from the date of default till deposit; the entire enhanced amount is releasable to the claimant on proper identification. The Tribunal's Judgment and Award stands modified accordingly and the appeal is disposed of in terms of the joint memo.

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

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF SEPTEMBER 2025

CONCILIATORS PRESENT:

THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI

&

SMT.D.SUDHA, MEMBER

M.F.A.No. 4825/2023 (MV) (Lok Adalat No.2919/2025)

BETWEEN:

MAHESH. K. C. S/O CHIKKANNA, NOW AGED ABOUT 35 YEARS, RESIDENT OF KUMBAPURA COLONY, KAILANCHA HOBLI, RAMANGARA-562159 AND PRESENTLY RESIDING AT NO 8/2, MUNNACHARI COMPOUND, 3RD MAIN, 3RD CROSS, SUBEDARPALYA, YESHWANTHPURA, BANGALORE- 560022.

...APPELLANT

(BY SRI. RANGEGOWDA N.R., ADVOCATE)

AND:

1 . MR. RAKESH. N S/O B N NARAYANASWAMY, AGED MAJOR, RESIDENT NO.42,

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AMBEDKAR COLONY, BAIRATHI,

DR. SHIVARAMA KARANTH NAGAR, BANGALORE 560077.

2 . LIBERTY GENERAL INSURANCE CO LTD, POLICY SERVICING OFFICE AT, NO 1, ALYASA, 1ST FLOOR, REAR PORTION, NO 28, NEW NO 23, RICHMOND ROAD, BANGALORE 560025.

…RESPONDENTS

(BY SRI.RAVI S SAMPRATHI, ADVOCATE FOR R-2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.08.2022 PASSED IN MVC NO.280/2020 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, BENGALURU, SCCH-19, 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 - Claimant 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/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

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appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.1,50,000/- (Rupees One Lakh Fifty 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 / claimant, 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

SRK