Ananda H Vs Sri Samiulla — Karnataka HC (2025) — LawSathi Research

Ananda H Vs Sri Samiulla — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Enhanced compensation of Rs.2,10,000/- payable by the respondent-Insurance Company to the appellant-claimant in addition to the Tribunal award, in full and final settlement; to be deposited before the Tribunal within six weeks from preparation of award, failing which it carries interest at 9% p.a. from the 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 with the Tribunal judgment and award modified accordingly.

Issue for consideration

Enhancement of the compensation awarded by the Tribunal in MVC No.4057/2019, sought in appeal under S.173(1) of the MV Act.

Court's answer

In full and final settlement, the appellant-claimant agreed to receive and the respondent-Insurance Company agreed to pay a lump-sum of Rs.2,10,000/- in addition to the amount already awarded by the Tribunal.

Ratio / Principle

The Insurance Company shall deposit the settlement 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 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¶32
The Miscellaneous First Appeal stands disposed of in terms of the joint memo filed between the parties.ratio¶33
The Judgment and Award of the Tribunal shall stand modified in accordance with the settlement recorded in the joint memo, and the award is to be drawn up accordingly.ratio

Detailed headnote1 paragraphs

MOTOR ACCIDENTS CLAIMS — ENHANCEMENT OF COMPENSATION — LOK ADALAT SETTLEMENT: M.F.A.No.6254/2022 (MV), filed under S.173(1) of the MV Act by the claimant Ananda.H against the judgment and award dated 20.04.2022 in MVC No.4057/2019 passed by the XI Additional Small Causes Judge and ACMM, Member, MACT-12, Bengaluru (SCCH-12), which had partly allowed the claim petition, was placed for conciliation before the Lok Adalat (Hon'ble Sri. Justice K.V. Aravind, Judge, and Sri. Pavana Chandra Shetty.H, Member) on 14.08.2025. Pursuant to prolonged negotiations and a joint memo, the appellant-claimant agreed to receive and the respondent-Insurance Company (Magma HDI General Insurance Co. Ltd.) agreed to pay a lump-sum of Rs.2,10,000/- (Rupees Two Lakh Ten Thousand only) in addition to the amount awarded by the Tribunal, in full and final settlement. The Insurance Company was to deposit the amount before the Tribunal within six weeks from the date of preparation of award, failing which it would carry interest at 9% p.a. from the date of default till deposit; the entire enhanced compensation was directed to be released to the claimant on proper identification. The appeal stood disposed of in terms of the joint memo and the Tribunal's judgment and award stood modified accordingly.

1

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.6254/2022 (MV) (Lok Adalat No.5226/2025)

BETWEEN:

ANANDA .H S/O LATE HANUMANTHAIAH, AGED ABOUT 48 YEARS, R/AT JAGGANAPALYA VILLAGE, KUDUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT.

...APPELLANT

(BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE)

AND

1 . SRI. SAMIULLA S/O SATHAR SAB, MAJOR,

TANJAVOOR MOHALLA, KUNIGAL TALUK, TUMKUR DISTRICT, (OWNER OF AUTO RICKSHAW BERING REG NO.KA-6-B-3739)

2 . THE MANAGER MAGMA HDI GENERAL INSURANCE CO. LTD., 2ND FLOOR, 36 J.C. ROAD,

2

BENGALURU-560002. (POLICY NO.Poo19300022/4193/10119 Valid From 11/01/2019 To 10/01/2020.

RESPONDENTS

(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R-2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.04.2022 PASSED IN MVC NO.4057/2019 ON THE FILE OF THE XI ADDITIONAL SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-12, BENGALURU, SCCH-12, 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 has agreed to pay a lump-sum of Rs.2,10,000/- (Rupees Two Lakh Ten Thousand

3

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