Smt. Gowramma Vs Nanjundaswamy — Motor Accident Claims | Karnataka HC (2025)

Smt. Gowramma Vs Nanjundaswamy — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Enhanced compensation by way of an additional lump-sum of Rs.7,30,000/- payable by the respondent-Insurance Company over and above the Tribunal award, in full and final settlement; deposit before the Tribunal within six weeks of preparation of the award, failing which interest at 9% p.a. from the date of default till deposit; apportionment, deposit and release per the Tribunal's terms; Tribunal judgment and award modified accordingly.

Issue for consideration

Whether the compensation awarded by the Tribunal in MVC No.431/2020 ought to be enhanced in favour of the claimants-appellants.

Court's answer

On settlement through the joint memo, the appellants-claimants agreed to receive and the respondent-Insurance Company agreed to pay a lump-sum of Rs.7,30,000/- (Rupees Seven Lakh Thirty Thousand only), in addition to the amount awarded by the Tribunal, in full and final settlement of the claim.

Ratio / Principle

The Insurance Company shall 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

Apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal.ratio¶35
The Miscellaneous First Appeal stands disposed of in terms of the joint memo, and the Judgment and Award of the Tribunal stands modified accordingly, with the award to be drawn up accordingly.ratio¶36

Detailed headnote1 paragraphs

Motor Accident Claims — Enhancement — Settlement before Lok Adalat — M.F.A.No.5074/2025 (MV) under S.173(1) MV Act against the judgment and award dated 02.07.2024 in MVC No.431/2020 (Additional Senior Civil Judge, MACT, Srirangapatna), which had partly allowed the claim petition — On conciliation before the Lok Adalat, High Court of Karnataka (14.08.2025), claimants and Sri Ram General Insurance Co. Ltd. executed a joint memo whereby the insurer agreed to pay an additional lump-sum of Rs.7,30,000/- (Rupees Seven Lakh Thirty Thousand only) over and above the Tribunal award, in full and final settlement — Deposit directed within six weeks of preparation of the award, failing which the amount to carry interest at 9% p.a. from the date of default till deposit — Apportionment, deposit and release per the Tribunal's terms — Appeal disposed of in terms of the joint memo; Tribunal judgment and award 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 14^TH DAY OF AUGUST 2025

CONCILIATORS PRESENT:

THE HON’BLE SRI. JUSTICE K.V.ARAVIND &

SRI. PAVANA CHANDRA SHETTY.H, MEMBER

M.F.A.No.5074/2025 (MV) (Lok Adalat No.5540/2025)

BETWEEN

1 . SMT. GOWRAMMA W/O. LATE KRISHNEGOWDA, AGED ABOUT 50 YEARS,

2 . KRISHNEGOWDA

S/O. KRISHNEGOWDA, AGED ABOUT 55 YEARS,

3 . LAKSHMI D/O. KRISHNEGOWDA, AGED ABOUT 28 YEARS,

4 . SINGRIGOWDA

S/O. KRISHNEGOWDA, AGED ABOUT 26 YEARS,

ALL R/AT. MAVINAHALLI VILLAGE,

JANATHA COLONY, JAYAPURA HOBLI, MYSORE TALUK AND DISTRICT-570008.

...APPELLANTS

(BY SRI.SANATH KUMARA.K.M., ADVOCATE)

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AND

1 . NANJUNDASWAMY S/O. BASAVANNA, AGED MAJOR, R/AT. DARIPURA VILLAGE, JAYAPURA HOBLI, MYSORE TALUK AND DISTRICT PIN-570008

2 . THE DIVISIONAL MANAGER, SRI RAM GENERAL INSURANCE CO. LTD., NO.S/5, 2ND FLOOR, MUNAREESH CHAMBER, IN PENTRI ROAD, BANGALURU-570001.

RESPONDENTS

(BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE FOR R.2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD 02.07.2024 PASSED IN MVC NO.431/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, 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:

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CONCILIATION ORDER

The learned Counsel appearing for the Appellants - Claimants 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 appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs.7,30,000/- (Rupees Seven Lakh Thirty 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.

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The apportionment, deposit and release of the enhanced compensation

amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal.

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