Sri Gule Abbas Vs Sri. Kulbir Singh Pabby — Motor Accident Claims | Karnataka HC (2025)

Sri Gule Abbas Vs Sri. Kulbir Singh Pabby — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Enhanced compensation by way of a lump-sum of Rs.8,50,000/- payable by the respondent-Insurance Company in addition to the Tribunal award, in full and final settlement; deposit within six weeks of preparation of award, failing which interest at 9% P.A. from date of default till deposit.

Issue for consideration

Whether the appellants-claimants were entitled to enhancement of the compensation awarded by the Tribunal in MVC No.7315/2018.

Court's answer

The Miscellaneous First Appeal stands disposed of in terms of the Joint memo, and the Judgment and Award of the Tribunal shall stand modified accordingly.

Key takeaways

The appellants-claimants agreed to receive and the respondent-Insurance Company agreed to pay a lump-sum of Rs.8,50,000/- in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.¶29
The enhanced compensation amount shall be deposited before the Tribunal within six weeks from the date of preparation of award, failing which it shall carry interest at 9% P.A. from the date of default till the date of deposit.¶31
Apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal.¶34

Detailed headnote1 paragraphs

Conciliation order dated 25.09.2025 passed before the National Lok Adalat (High Court Legal Services Committee, Bengaluru) in M.F.A.No.7322/2023 (MV), an appeal filed under S.173(1) of the MV Act by claimants (Sri Gule Abbas and another) against the judgment and award dated 30.05.2023 in MVC No.7315/2018 (IV Additional Judge, Court of Small Causes, MACT, Bengaluru, SCCH-6), whereby the claim petition was partly allowed and enhancement of compensation was sought. After prolonged negotiations and on a joint memo signed by counsel for the claimants and counsel/authorized officer of the respondent-Insurance Company (M/s HDFC Ergo General Insurance Company Ltd.), the claimants agreed to receive and the Insurance Company agreed to pay a lump-sum of Rs.8,50,000/- (Rupees Eight Lakh Fifty Thousand Only) in addition to the Tribunal award, in full and final settlement. The enhanced amount is to be deposited 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. Apportionment, deposit and release of the enhanced compensation shall be in terms of the Tribunal's Judgment and Award. The Miscellaneous First Appeal stands disposed of in terms of the joint memo and the Tribunal's Judgment and Award stands modified accordingly. Coram (conciliators): Smt. Justice Lalitha Kanneganti and Smt. D. Sudha, Member.

1

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF SEPTEMBER 2025

CONCILIATORS PRESENT:

THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI

&

SMT.D.SUDHA, MEMBER

M.F.A.No.7322/2023 (MV) (Lok Adalat No.6136/2025)

BETWEEN:

1 . SRI GULE ABBAS

S/O LATE ABDUL RAJJAK, AGED ABOUT 68 YEARS,

2 . SMT. AJIRUN NISHA @ AZEERUNISSA W/O GULE ABBAS AGED ABOUT 58 YEARS,

BOTH ARE R/AT NO. GANDHARIYA BUZURG VILLAGE, ATHADAMA POST, SAGRA RUDHOULI KHURD BASTI, RUDRANAGAR, UTTARPRADESH -272 151.

...APPELLANTS

(BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE)

2

AND:

1 . SRI. KULBIR SINGH PABBY S/O SH. GURUDEV SINGH, MAJOR IN AGE, PROP. M/S FAST TRACK LOGISTICS, A G ROAD, KOHIMA NAGALAND -797 001

2 . THE LEGAL MANAGER M/S HDFC ERGO GENERAL INSURANCE COMPANY LTD., SHANKARANARAYANA, 2nd BUILDING, 2nd FLOOR, M.G ROAD, BENGALURU -560001.

…RESPONDENTS

(BY SRI.B.PRADEEP, ADVOCATE FOR R-2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.05.2023 PASSED IN MVC NO.7315/2018 ON THE FILE OF THE IV ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU, (SCCH-6), 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:

3

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 are 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 respondentInsurance Company has agreed to pay a lump-sum of Rs.8,50,000/- (Rupees Eight Lakh Fifty 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.

4

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