Smt. Kamala Vs Divisional Controller — Motor Accident Claims | Karnataka HC (2025)

Smt. Kamala Vs Divisional Controller — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Enhanced compensation of Rs.80,000/- with interest at 6% p.a. from the date of petition till the date of deposit, in addition to the Tribunal award, payable by respondent-KSRTC in full and final settlement; to be deposited before the Tribunal within six weeks from preparation of award (failing which 9% p.a. from date of default till deposit) and released to the appellant/claimant on proper identification.

Issue for consideration

Whether the compensation awarded by the Tribunal in MVC No.320/2019 should be enhanced in favour of the claimant-appellant.

Court's answer

In full and final settlement, the appellant-claimant agreed to receive and the respondent-KSRTC agreed to pay a sum of Rs.80,000/- (Rupees Eighty Thousand) with interest at 6% p.a. from the date of petition till the date of deposit, in addition to what was 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 the award.

Key takeaways

On failure to deposit within six weeks, the said amount shall carry interest at 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, and the Judgment and Award of the Tribunal stand modified accordingly; award to be drawn up accordingly.ratio

Detailed headnote1 paragraphs

Lok Adalat conciliation order dated 12.09.2025 in M.F.A.No. 6416/2023 (MV) (Lok Adalat No. 6919/2025), High Court of Karnataka at Bengaluru (Justice Lalitha Kanneganti and Sri. Ravi S Samprathi, conciliators): Claimant Smt. Kamala's appeal under S.173(1) of the MV Act against the judgment and award dated 20.02.2023 of the Senior Civil Judge and MACT, Malavalli in MVC No.320/2019 (claim petition partly allowed) was settled before the National Lok Adalat. By joint memo, the appellant-claimant agreed to receive and the respondent-KSRTC agreed to pay Rs.80,000/- (Rupees Eighty Thousand) with interest at 6% p.a. from the date of petition till the date of deposit, in addition to the Tribunal-awarded amount, in full and final settlement. KSRTC to deposit the amount before the Tribunal within six weeks from the date of preparation of the award, failing which it carries interest at 9% p.a. from the date of default till deposit. The entire enhanced compensation is to be released to the appellant/claimant on proper identification. The appeal stands disposed of in terms of the joint memo and the Tribunal's judgment and award stand 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. 6416/2023 (MV) (Lok Adalat No. 6919/2025)

BETWEEN:

SMT. KAMALA W/O UMESH, AGED ABOUT 32 YEARS, R/AT WARD NO.22, NARAYANAPURA, ANEKAL TALUK, BENGALORE RURAL DISTRICT. AND ALSO AT R/O NO.1337, 2^ND CROSS, NEHARU NAGARA, MANDYA CITY.

…APPELLANT

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

AND:

DIVISIONAL CONTROLLER KSRTC, BANGALOR-MYSORE MAIN ROAD, INFRONT OF KPTCL, MANDYA CITY, OWNER CUM CUSTODIAN OF INTERNAL INSURANCE FUN OF THE KSRTC, BUS NO.KA-10-F0252.

…RESPONDENT

(BY SMT. RENUKA H.R., ADVOCATE)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.02.2023 PASSED IN MVC NO.320/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, 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.80,000/- (Rupees Eighty 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