Mr Rathanakara Vs the Divisional Controller — Motor Accident Claims | Karnataka HC (2025)

Mr Rathanakara Vs the Divisional Controller — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Enhanced compensation of Rs.65,000/- with interest at 6% p.a. from the date of petition till the date of deposit, in addition to the Tribunal award, in full and final settlement; to be deposited by KSRTC before the Tribunal within six weeks from preparation of award (failing which interest at 9% p.a. from date of default till deposit) and released entirely to the claimant on proper identification; appeal disposed of in terms of the joint memo with the Tribunal's judgment and award modified accordingly.

Issue for consideration

Whether the compensation awarded by the Tribunal in MVC No.1959/2018 should be enhanced.

Court's answer

In full and final settlement of the claim, the appellant-claimant agreed to receive and the respondent-KSRTC agreed to pay a sum of Rs.65,000/- with interest at 6% p.a. from the date of petition till the date of deposit, in addition to what has been awarded by the Tribunal.

Ratio / Principle

The respondent-KSRTC agreed to deposit the settled amount before the Tribunal within six weeks from the date of preparation of award.

Key takeaways

On failure to deposit within the stipulated six weeks, the settled amount shall carry interest at the rate of 9% p.a. from the date of default till the date of deposit.ratio¶¶28
The entire enhanced compensation amount shall be released in favour of the appellant/claimant on proper identification.ratio¶¶30
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.ratio

Detailed headnote1 paragraphs

Motor Accident Claims — Enhancement of compensation — Lok Adalat settlement — Appeal under S.173(1) MV Act by claimant against judgment and award dated 05.07.2022 in MVC No.1959/2018 of the I Additional Senior Civil Judge and Member, MACT, Mangaluru D.K., partly allowing the claim — Matter settled before the National Lok Adalat, Bengaluru, through a joint memo — Claimant to receive an additional Rs.65,000/- with interest at 6% p.a. from the date of petition till the date of deposit, in addition to the Tribunal award, in full and final settlement — KSRTC to deposit within six weeks from preparation of award, failing which interest at 9% p.a. from date of default till deposit — Entire enhanced amount to be released to claimant on proper identification — 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 NATIONAL LOK ADALAT

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF SEPTEMBER 2025

CONCILIATORS PRESENT:

THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI

&

SRI. RAVI S SAMPRATHI, MEMBER

M.F.A.No. 6222/2022 (MV) (Lok Adalat No. 6920/2025)

BETWEEN:

MR RATHNAKARA

S/O THIMMAPPA RAI AGED ABOUT 47 YEARS, R/AT 1-149, NAITI NADKA HOUSE, MADRALA, BANTRA MARDALA, PUTTUR TALUK, D.K. DISTRICT, PIN-574320

…APPELLANT

(BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE)

AND:

THE DIVISIONAL CONTROLLER KSRTC, HASAN DIVISION HASSAN-573201.

…RESPONDENT

(BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA., ADVOCATE)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.07.2022 PASSED IN MVC NO.1959/2018 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT, MANGALURU D.K., 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 – KSRTC 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-KSRTC and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent-KSRTC has agreed to pay a sum of Rs.65,000/- (Rupees Sixty Five Thousand), with interest at 6% p.a., from the date of petition till the date of deposit, in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

The Respondent - KSRTC has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of award, failing

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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