Lalitha Vs M S Shivashakanr — Motor Accident Claims | Karnataka HC (2025)

Lalitha Vs M S Shivashakanr — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

By joint-memo settlement before the National Lok Adalat, the respondent-Insurance Company to pay the claimants an additional lump-sum of Rs.1,90,000/- over the Tribunal award in full and final settlement, to be deposited 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 appellants/claimants on proper identification; appeal disposed of and Tribunal judgment and award modified accordingly.

Issue for consideration

Whether the appellants-claimants are entitled to enhancement of compensation over and above the amount awarded by the Tribunal in MVC No.1992/2011 (to be resolved by conciliation before the National Lok Adalat)

Court's answer

After prolonged negotiations the matter is settled by joint memo: the appellants-claimants agreed to receive and the respondent-Insurance Company agreed to pay a lump-sum of Rs.1,90,000/- in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

Ratio / Principle

The respondent-Insurance Company is to deposit the settled amount before the Tribunal within six weeks from the date of preparation of award; on default, the amount carries interest at 9% P.A. from the date of default till the date of deposit.

Key takeaways

The entire enhanced compensation amount shall be released in favour of the appellants/claimants on proper identification.ratio¶33
This Miscellaneous First Appeal stands disposed of in terms of the joint memo.ratio¶34
The Judgment and Award of the Tribunal shall stand modified accordingly, and the Award is to be drawn up accordingly.ratio

Detailed headnote1 paragraphs

M.F.A.No. 8687/2016 (MV) (Lok Adalat No.8300/2025) — National Lok Adalat, High Court Legal Services Committee, Bengaluru (conciliators: Hon'ble Smt. Justice Lalitha Kanneganti and Smt. D. Sudha, Member), conciliation order dated 11.12.2025. Claimants Lalitha and Revappa had appealed under S.173(1) MV Act against the judgment and award dated 13.06.2014 in MVC No.1992/2011 of the Senior Civil Judge & JMFC, MACT, Arsikere, which partly allowed their motor-accident claim against M S Shivashankar and the Branch Manager, National Insurance Co., seeking enhancement of compensation. Before the Lok Adalat, after prolonged negotiations a joint memo was filed: the insurer agreed to pay an additional lump-sum of Rs.1,90,000/- (Rupees One Lakh Ninety Thousand) over the Tribunal award in full and final settlement, to be deposited before the Tribunal within six weeks from preparation of 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 claimants on proper identification. The Miscellaneous First Appeal stands disposed of in terms of the joint memo; the Tribunal's judgment and award stand modified accordingly and the award is to be drawn up 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 11^TH DAY OF DECEMBER 2025

CONCILIATORS PRESENT:

THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI

&

SMT. D.SUDHA, MEMBER

M.F.A.No. 8687/2016 (MV)

(Lok Adalat No.8300/2025)

BETWEEN:

1 . LALITHA

W/O REVAPPA

AGED ABOUT 55 YEARS, R/O SHANTHI NILAYA

OLD POST OFFICE ROAD, HASSAN.

2 . REVAPPA

S/O A P PUTTASWAMY GOUDA, AGED ABOUT 67 YEARS, R/O SHANTHI NILAYA, OLD POST OFFICE ROAD, HASSAN.

…APPELLANTS

(BY SRI. R.VYBHAV, ADVOCATE)

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AND:

1 . M S SHIVASHANKAR S/O SOMASHEKAR SHANKARA LINGESWARA NILAYA WORKING AT TATA MOTARS, GARDEN HOUSE NEAR RAILWAY STATION, RAJGHATTA ROAD, HASSAN-573201.

2 . BRANCH MANAGER NATIONAL INSURANCE CO, OLD BUS STAND ROAD, HASSAN-573201.

…RESPONDENTS

(BY SRI. O. MAHESH, ADVOCATE FOR R2)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE

JUDGMENT AND AWARD DATED 13.06.2014 PASSED IN MVC NO.1992/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, MACT, ARSIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION.

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

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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.1,90,000/- (Rupees One Lakh Ninety Thousand), 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 appellants / claimants, on proper identification.

This Miscellaneous First Appeal stands disposed of in terms of the Joint

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memo. The Judgment and Award of the Tribunal shall stand modified

accordingly. Draw up the Award accordingly.

Sd/JUDGE

Sd/MEMBER

SRK