Smt Malini @ Malini Sukumar Vs Sri N Mohan Kumar — Motor Accident Claims | Karnataka HC (2025)

Smt Malini @ Malini Sukumar Vs Sri N Mohan Kumar — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

By joint-memo settlement before Lok Adalat, respondent No.2 (Royal Sundaram Alliance Insurance Company Ltd.) agreed to pay the appellant-claimant an additional lump-sum of Rs.2,60,000/- (Rupees Two Lakh Sixty Thousand only) over and above the Tribunal award, in full and final settlement; the amount is to be deposited before the Tribunal within six weeks from preparation of award, failing which it carries interest at 9% p.a. from date of default till deposit; the entire enhanced compensation is to be released to the appellant/claimant on proper identification; appeal disposed of in terms of the joint memo and the Tribunal's judgment and award modified accordingly.

Issue for consideration

Whether the compensation awarded by the Tribunal in MVC No.1382/2015 ought to be enhanced, the appeal having been filed seeking enhancement of compensation.

Court's answer

After prolonged negotiations the matter is settled by a joint memo: the appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.2,60,000/- (Rupees Two Lakh Sixty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

Ratio / Principle

The respondent-Insurance Company is to deposit the settled amount before the Tribunal within six weeks from the date of preparation of 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¶33
This Miscellaneous First Appeal stands disposed of in terms of the Joint memo.ratio¶34
The Judgment and Award of the Tribunal shall stand modified accordingly, and the Award is to be drawn up accordingly.ratio

Detailed headnote1 paragraphs

Lok Adalat conciliation (High Court Legal Services Committee, Bengaluru; Conciliators: Justice Rajesh Rai K and Smt. Nalina K) in M.F.A.No.4879/2017 (MV), Lok Adalat No.6716/2025, dated 22.08.2025: Claimant Malini @ Malini Sukumar's appeal under S.173(1) of the MV Act against the judgment and award dated 28.02.2017 of the XXI Addl. Small Causes Judge & XIX ACMM Member, MACT Bengaluru (SCCH-23) in MVC No.1382/2015 (claim partly allowed), seeking enhancement of compensation, was settled by joint memo. Respondent No.2, Royal Sundaram Alliance Insurance Company Ltd. (insurer of Lorry No.TN-46-H-4729; Respondent No.1 being its owner Sri. N. Mohan Kumar), agreed to pay an additional lump-sum of Rs.2,60,000/- besides the Tribunal award, in full and final settlement, to be deposited within six weeks of preparation of award, failing which 9% p.a. interest applies from date of default till deposit; entire enhanced amount to be released to the claimant on proper identification. Appeal disposed of in terms of the joint memo; Tribunal judgment and award stand modified accordingly.

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF AUGUST 2025

CONCILIATORS PRESENT:

THE HON’BLE SRI. JUSTICE RAJESH RAI.K

&

SMT.NALINA.K, MEMBER

M.F.A.No.4879/2017 (MV)

(Lok Adalat No.6716/2025)

BETWEEN:

SMT. MALINI @ MALINI SUKUMAR W/O SUKUMAR, AGED ABOUT 46 YEARS, RESIDING AT NO.1, NEELA MEGHA, 1ST MAIN, 5TH CROSS, UDAYANAGAR, BANGALORE-560 016.

Digitally signed by DEEPU M Location: HIGH COURT OF KARNATAKA

(BY SRI.B.C.VENKATESH, ADVOCATE)

...APPELLANT

AND

1 . SRI. N. MOHAN KUMAR S/O P.NAGALINGAM, AGED ABOUT YEARS, NO.4/92B, NORTH STREET, MEENSURUTTI, GUNDAVELI, UDAYARPALYAM TALUK, TAMIL NADU-612 903.

(OWNER OF LORRY BEARING NO.TN-46-H-4729).

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2 . M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, NO.186/7, RAGHAVENDRA COMPLEX, WILSON GARDEN, 1ST CROSS, HOSUR MAIN ROAD, BANGALORE-560 027, BY ITS DIVISIONAL MANAGER, (INSURER OF LORRY BEARING NO.TN-46-H-4729)

RESPONDENTS

(BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR RESPONDENT NO.2)

MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 28.02.2017 PASSED IN MVC NO.1382/2015 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND XIX ACMM MEMBER MACT BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE 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 is 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 appellant-claimant has agreed to receive and the respondent-Insurance Company

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has agreed to pay a lump-sum of Rs.2,60,000/- (Rupees Two Lakh Sixty 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