Smt. Girija @ Geetha Vs the Divisional Manager… — Motor Accident Claims | Karnataka HC (2025)

Smt. Girija @ Geetha Vs the Divisional Manager… — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Additional lump-sum compensation of Rs.50,000/- (Rupees Fifty Thousand only) over and above the Tribunal award, in full and final settlement, to be deposited before the Tribunal within six weeks (failing which 9% p.a. interest from the 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. 1248/2018 should be enhanced.

Court's answer

The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo signed by the advocates for the parties.

Ratio / Principle

The Judgment and Award of the Tribunal shall stand modified in terms of the settlement.

Key takeaways

In full and final settlement, the respondent agreed to pay the appellant-claimant a lump sum of Rs.50,000/- in addition to the amount awarded by the Tribunal.ratio¶30
The respondent agreed to deposit the settlement amount before the Tribunal within six weeks from the date of preparation of the award, failing which it shall carry interest at 9% p.a. from the date of default till the date of deposit.ratio¶31
The entire enhanced compensation amount shall be released in favour of the appellant-claimant on proper identification.

Detailed headnote1 paragraphs

Lok Adalat settlement (National Lok Adalat, High Court Legal Services Committee, Bengaluru; conciliators: Justice C.M. Poonacha and Sri Naman Vankdari, Member) in M.F.A. No. 7713/2025 (MV) (Lok Adalat No. 8280/2025), an appeal under S.173(1) of the MV Act by claimant Smt. Girija @ Geetha against the judgment and award dated 27.04.2024 of the I Additional Senior Civil Judge and MACT, Mangaluru in MVC No. 1248/2018, which had partly allowed her compensation claim. By joint memo, the respondent — Divisional Manager, Oriental Insurance Co. Ltd. — agreed to pay Rs.50,000/- (Rupees Fifty Thousand only) as additional lump-sum compensation over the Tribunal award in full and final settlement, to be deposited before the Tribunal within six weeks of preparation of the award, failing which it carries interest at 9% p.a. from the date of default till deposit; the enhanced amount to be released to the claimant on proper identification. Appeal disposed of in terms of the joint memo; Tribunal judgment and award modified accordingly (order dated 13-12-2025).

1

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

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF DECEMBER 2025

CONCILIATORS PRESENT:

THE HON’BLE MR. JUSTICE C.M.POONACHA

&

SRI. NAMAN VANKDARI, MEMBER

M.F.A.No. 7713/2025 (MV)

(Lok Adalat No.8280/2025)

BETWEEN

1 . SMT. GIRIJA @ GEETHA W/O POOVAPPA,

AGED ABOUT 51 YEARS, RESIDING AT NO. 1-95, ISRAGOLI HOUSE, PANJIKAL VILLAGE AND POST,

BANTWAL TALUK D K DISTRICT PIN 574211.

...APPELLANT

(BY SRI. G RAVISHANKAR SHASTRY, ADVOCATE)

AND

1 . THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, SATHISH COMPLEX, GROUND FLOOR,

BEHIND SBI, OPP GOVINDADAS COLLEGE, SURATHKAL, MANGALURU D K DISTRICT PIN 575014.

…RESPONDENT

(BY SRI.ASHOK N. PATIL, ADVOCATE)

MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.04.2024 PASSED IN MVC NO. 1248/2018 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANGALURU, DAKSHINA KANNADA PARTLY ALLOWING THE CLAIM

2

PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT FOR 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 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, its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent has agreed to pay a lump-sum of Rs.50,000/- (Rupees Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

The Respondent 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 appellant-claimant, on proper identification.

3

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

HR