Disposed¶37

Rizwan Pasha v. Chandrashekara B M

Karnataka HC13 Sept 2025MFA/6156/2025

Case brief

AI extract

What is this about?

Lok Adalat settlement; enhancement of motor accident compensation; M.F.A.No.6156/2025 (MV); S. 173(1) MV Act; MVC No. 389/2020, Senior Civil Judge and JMFC, Gundlupet; Rizwan Pasha v. Chandrashekara B.M. and HDFC ERGO General Insurance Co.Ltd.; joint memo; Rs. 1,75,000/- additional lump-sum over Tribunal award; 9% P.A. default interest; six-week deposit timeline; appeal disposed, Tribunal award modified.

What did the court decide?

Additional lump-sum compensation of Rs. 1,75,000/- over the Tribunal award, payable by respondent-insurer in full and final settlement; to be deposited before the Tribunal within six weeks of preparation of award (otherwise carrying 9% P.A. interest from date of default), with the entire enhanced amount to be released to the appellant-claimant on proper identification. ¶37

Rizwan Pasha Vs Chandrashekara B M — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the compensation awarded by the Tribunal in MVC No. 389/2020 should be enhanced, the appeal having been filed seeking enhancement of compensation.

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Court's answer

This Miscellaneous First Appeal stands disposed of in terms of the joint memo filed by the parties (consensual settlement before the National Lok Adalat).

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Ratio / Principle

The Judgment and Award of the Tribunal shall stand modified in accordance with the settlement, and the award is to be drawn up accordingly.

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Key takeaways

In full and final settlement, the respondent-Insurance Company agreed to pay the appellant-claimant a lump-sum of Rs. 1,75,000/- in addition to what was awarded by the Tribunal.ratio¶32
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 amount shall carry interest at 9% P.A. from the date of default until deposit.ratio¶33

Detailed headnote1 paragraphs

National Lok Adalat, High Court Legal Services Committee, Bengaluru (conciliators: Justice S.Rachaiah and Sri M.G.Kantharajappa) disposed of M.F.A.No.6156/2025 (MV) filed under S. 173(1) MV Act challenging the judgment and award dated 20.01.2025 in MVC No. 389/2020 (Senior Civil Judge and JMFC, Gundlupet) which had partly allowed the claim petition. On joint memo, appellant-claimant Rizwan Pasha agreed to receive and respondent HDFC ERGO General Insurance Co.Ltd. agreed to pay a lump-sum of Rs. 1,75,000/- in addition to the Tribunal award, in full and final settlement. Deposit before the Tribunal within six weeks of preparation of award, failing which interest at 9% P.A. from date of default till deposit; entire enhanced amount releasable 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 NATIONAL LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF SEPTEMBER 2025

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE S.RACHAIAH

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SRI.M.G.KANTHARAJAPPA, MEMBER

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M.F.A.No.6156/2025 (MV) (Lok Adalat No.5690/2025)

BETWEEN

Rizwan Pasha

S/o Anwar Pasha

Aged about 43 years R/at 134/1 Haleem Nagara Bannimantapa Mysore – 570 005

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... APPELLANT

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(By Sri.Sreenivasan M.Y., Advocate)

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AND

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1 . Chandrashekara B.M.

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S/o Mahadevashetty B.S.

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Major, R/at Bheemanabeedu Village

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Gundlupet Taluk Chamarajanagara Dist – 571 441

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The Branch Manager HDFC ERGO General Insurance Co.Ltd. 2^nd Block, Block-2A Esquire Centre No.9 M.G.Road, Bangalore – 560 001

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… RESPONDENTS

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(By Sri. :D.Vijayakumar, Advocate for R-2; Vide order dated 21.08.2025, notice to R1 is dispensed with)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.01.2025 PASSED IN MVC NO. 389/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GUNDLUPET, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:

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CONCILIATION ORDER

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The learned Counsel appearing for the Appellant - Claimant

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is present. The learned Counsel appearing for the Respondent –

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Insurance Company along with its representative are present.

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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 respondentInsurance Company and its authorized officer is filed. The appellant-claimant have agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs. 1,75,000/- (Rupees One Lakh Seventy Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

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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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