Disposed¶29

Smt.S. Padmavathi v. Sri. Kallesh M

Karnataka HC13 Aug 2025MFA/8286/2023

Case brief

AI extract

What is this about?

Motor accident compensation enhancement appeal settled before Lok Adalat (High Court of Karnataka at Bengaluru, 13.08.2025); M.F.A.No.8286/2023 (MV), Lok Adalat No.5563/2025; insurer Royal Sundaram General Insurance to pay additional lump-sum Rs.6,00,000 over MVC No. 3480/2019 award (dated 18.11.2022, VIII Addl. SCJ & ACMM, MACT Bengaluru SCCH-5); appeal disposed in terms of Joint Memo; Tribunal award modified; S.173(1) MV Act; default interest 9% p.a.

What did the court decide?

By settlement, additional lump-sum compensation of Rs.6,00,000/- (Rupees Six Lakh only) payable by the respondent-Insurance Company over and above the Tribunal award, in full and final settlement; Tribunal judgment and award stand modified accordingly; entire enhanced amount to be released to the claimant on proper identification. ¶29

Smt.S. Padmavathi Vs Sri. Kallesh M — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the compensation awarded by the Tribunal in MVC No. 3480/2019 should be enhanced (appeal filed under S.173(1) MV Act seeking enhancement of compensation).

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Court's answer

The appellant-claimant agreed to receive and the respondent-Insurance Company agreed to pay a lump-sum of Rs.6,00,000/- (Rupees Six Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

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Ratio / Principle

After prolonged negotiations the matter was settled between the appellant-claimant and the respondent-Insurance Company, recorded through a joint memo signed by their advocates and the insurer's authorized officer.

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Key takeaways

The respondent-Insurance Company agreed to deposit the settled amount before the Tribunal within six weeks from the date of preparation of award, failing which the amount shall carry interest at 9% p.a. from the date of default till the date of deposit.ratio¶27
The entire enhanced compensation amount shall be released in favour of the appellant/claimant on proper identification.ratio¶28
The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo.

Detailed headnote1 paragraphs

Lok Adalat conciliation order, High Court Legal Services Committee, Bengaluru (High Court of Karnataka at Bengaluru), dated 13.08.2025, in M.F.A.No.8286/2023 (MV), Lok Adalat No.5563/2025. Appeal under S.173(1) of the MV Act by the claimant Smt. S.Padmavathi against the judgment and award dated 18.11.2022 of the VIII Additional SCJ and ACMM, Member, MACT, Bengaluru SCCH-5, in MVC No. 3480/2019 (claim partly allowed), seeking enhancement of compensation. After prolonged negotiations a joint memo was filed: respondent-2, The Royal Sundaram General Insurance Co. Ltd., agreed to pay a lump-sum of Rs.6,00,000/- (Rupees Six Lakh only) in addition to the Tribunal award, in full and final settlement; deposit before the Tribunal within six weeks from preparation of award, failing which interest at 9% p.a. from date of default till deposit; entire enhanced amount to be released to the claimant on proper identification. Appeal disposed of in terms of the Joint Memo; Tribunal judgment and award stand modified accordingly. Conciliators: Hon'ble Mrs. Justice K.S. Hemalekha and Smt. K.M. Archana, Member.

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF AUGUST 2025

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CONCILIATORS PRESENT:

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THE HON’BLE MRS. JUSTICE K.S.HEMALEKHA

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SMT. K.M.ARCHANA, MEMBER M.F.A.No.8286/2023 (MV) (Lok Adalat No.5563/2025)

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BETWEEN:

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SMT. S.PADMAVATHI, W/O THIPPESWAMY, AGED ABOUT 49 YEARS, RESIDING AT NO.12, 16TH CROSS, JAKKAR LAYOUT, JAKKUR, BENGALURU NORTH, BENGALURU - 560064.

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...APPELLANT

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

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AND

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1 . SRI. KALLESH .M S/O MALLAPPA .K, R/AT NO.39, MALLAPPA LAYOUT, KASHINAGAR MAIN ROAD, AMRUTHAHALLI, BANGALORE - 560092 (OWNER OF A CAR BEARING REG. NO.KA-04-MV-2518)

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2 . THE ROYAL SUNDARAM GENERAL INSURANCE CO. LTD,

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“VISHRANTHI MELARAM TOWERS” NO.2/319, RAJIV GANDHI SALAI, ((QMR), KARAPEKKAM, CHENNAI – 600002. (INSURER OF CAR BG. NO. KA-04-MV-2518).

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RESPONDENTS

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

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.11.2022 PASSED IN MVC NO. 3480/2019 ON THE FILE OF THE VIII ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU SCCH-5, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:

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CONCILIATION ORDER

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The learned Counsel appearing for the Appellant - Claimant is present.

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The learned Counsel appearing for the Respondent– Insurance Company along with its representative is present.

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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

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has agreed to pay a lump-sum of Rs.6,00,000/- (Rupees Six Lakh only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

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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.

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