Smt Shobha v Vs Sri Suresh Reddy — Motor Accident Claims | Karnataka HC (2025)

Smt Shobha v Vs Sri Suresh Reddy — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Enhanced compensation by way of an additional lump sum of Rs.2,00,000/- payable by the respondent-Insurance Company to the appellant/claimant, in addition to the Tribunal award, in full and final settlement; deposit within six weeks of preparation of award, failing which 9% p.a. interest from date of default; release on proper identification; Tribunal judgment and award modified accordingly.

Issue for consideration

Whether the compensation awarded by the Tribunal in MVC No.84/2018 should be enhanced in favour of the appellant/claimant (settlement of the enhancement claim).

Court's answer

On settlement through the joint memo, the appellant-claimant agreed to receive and the respondent-Insurance Company agreed to pay a lump sum of Rs.2,00,000/- (Rupees Two Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

Ratio / Principle

The Miscellaneous First Appeal stands disposed of in terms of the joint memo, and the Judgment and Award of the Tribunal stands modified accordingly; award to be drawn up accordingly.

Key takeaways

The Insurance Company agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of the award, failing which the amount carries interest at 9% p.a. from the date of default till the date of deposit.¶27
The entire enhanced compensation amount is to be released in favour of the appellant/claimant on proper identification.¶28

Detailed headnote1 paragraphs

M.F.A. No.7900/2022 (MV) — Lok Adalat conciliation before the High Court Legal Services Committee, Bengaluru (conciliators: Justice Rajesh Rai.K and Smt. Nalina.K), order dated 22-08-2025. Enhancement appeal under S.173(1) of the MV Act by the injured claimant against the judgment and award dated 01.09.2022 in MVC No.84/2018 of the I Additional Senior Civil Judge, CJM & Member, MACT, Kolar, which had partly allowed her compensation claim. After prolonged negotiations and a joint memo, the claimant agreed to receive and the insurer (Royal Sundaram Alliance Regional Office, Bangalore) agreed to pay a lump sum of Rs.2,00,000/- over and above the Tribunal award, in full and final settlement; the amount is to be deposited before the Tribunal within six weeks from the date of preparation of the award, failing which it attracts interest at 9% p.a. from the date of default till deposit; the entire enhanced amount is to be released to the claimant on proper identification. The Miscellaneous First 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 LOK ADALAT

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF AUGUST 2025

CONCILIATORS PRESENT:

THE HON9BLE SRI. JUSTICE RAJESH RAI.K

&

SMT.NALINA.K, MEMBER M.F.A.No.7900/2022 (MV) (Lok Adalat No.2862/2023)

BETWEEN:

SMT. SHOBHA .V W/O ARAVIND, AGED ABOUT 37 YEARS, R/A NO.284/2, KEELUKOTE, KOLAR-563101.

...APPELLANT

(BY SRI.VISHWANATHA.K, ADVOCATE)

AND

1 . SRI. SURESH REDDY S/O SUBBA REDDY, R/A NO.163, ASHOK NAGARA, MALUR TALUK, KOLAR-563135.

2 . ROYAL SUNDARAM ALLIANCE REGIONAL OFFICE, NO.186/7, GROUND FLOOR, RAGHAVENDRA COMPLEX, OPP TO BLUE DOT COURIERS, IST CROSS, HOSUR MAIN ROAD,

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WILSON GARDEN, BANGALORE-560027. REPRESENTED BY ITS MANAGER.

RESPONDENTS

(BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R-2)

MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.09.2022 PASSED IN MVC NO.84/2018 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, CJM, MEMBER, MACT, KOLAR, 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 Respondent3 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.2,00,000/- (Rupees Two Lakh only), in

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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