Sri Soma Vs Dharmaprakash R — Motor Accident Claims | Karnataka HC (2025)

Sri Soma Vs Dharmaprakash R — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Additional lump-sum compensation of Rs.70,000/- to the appellant/claimant over and above the Tribunal award in full and final settlement; to be deposited by the respondent-Insurance Company before the Tribunal within six weeks from the date of 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 appellant/claimant on proper identification.

Issue for consideration

Whether the appellant-claimant is entitled to enhancement of compensation beyond the amount awarded by the Tribunal in MVC No.1069/2018.

Court's answer

The judgment and award of the Tribunal stand modified in terms of the settlement: the respondent-Insurance Company to pay a lump sum of Rs.70,000/- in addition to the Tribunal award, to be deposited before the Tribunal within six weeks (failing which it carries interest at 9% p.a. from date of default till deposit), with the entire enhanced amount to be released to the appellant/claimant on proper identification.

Key takeaways

The Miscellaneous First Appeal stands disposed of in terms of the joint memo signed by the learned advocate for the appellant/claimant and the learned advocate for the respondent-Insurance Company along with its authorized officer.¶33

Detailed headnote1 paragraphs

National Lok Adalat conciliation before the High Court Legal Services Committee, Bengaluru (conciliators: Ms. Justice J.M.Khazi and Smt. Sohani Holla, Member): Miscellaneous First Appeal M.F.A.No. 7644/2022 (MV) under S.173(1) MV Act by injured claimant Sri Soma seeking enhancement of the compensation awarded by the II Additional District and Sessions Judge, MACT, Hassan in MVC No.1069/2018 (judgment and award dated 25.10.2021, partly allowing the claim). After prolonged negotiations, pursuant to a joint memo, the respondent-Insurance Company (New India Assurance Co Ltd) agreed to pay a lump sum of Rs.70,000/- (Rupees Seventy Thousand Only) in addition to the Tribunal award in full and final settlement, to be deposited before the Tribunal within six weeks of preparation of the award, failing which the amount carries interest at 9% p.a. from the date of default till deposit; the entire enhanced amount to be released to the appellant/claimant on proper identification. The appeal stands disposed of in terms of the joint memo and the Tribunal 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 JULY 2025

CONCILIATORS PRESENT:

THE HON’BLE MS. JUSTICE J.M.KHAZI

&

SMT. SOHANI HOLLA, MEMBER

M.F.A.No. 7644/2022 (MV) (Lok Adalat No.6155/2025)

BETWEEN:

SRI SOMA S/O NARYANAGOWDA @ NANJEGOWDA AGED ABOUT 38 YEARS R/AT YAREHALLI VILLAGE HANDINAKERE HOBLI HASSAN TALUK-573 201 HASSAN DISTRICT AND KIRAGADALU VILLAGE ALUR TALUK

HASSAN DISTRICT.

...APPELLANT

(BY SRI. JAGADEESH H.T., ADVOCATE)

AND

1 . DHARMAPRAKASH R., S/O RANGEGOWDA MAJOR SATHENHALLI VILLAGE SHANTHIGRAMA HOBLI HASSAN TALUK-573 201

2

AND DISTRICT.

2 . THE MANAGER

NEW INDIA ASSURANCE CO LTD., CHANDANA COMPLEX HARSHA MAHAL ROAD HASSAN-573 201.

RESPONDENTS

(BY SMT. LATHA PRASAD, ADVOCATE FOR R-2)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.10.2021 PASSED IN MVC NO.1069/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT, HASSAN, 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 – 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 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

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Company has agreed to pay a lump-sum of Rs.70,000/- (Rupees Seventy 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.

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

ASN