Shalini Y Vs Royal Sundaram Alliance General… — Motor Accident Claims | Karnataka HC (2025)

Shalini Y Vs Royal Sundaram Alliance General… — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Settlement in full and final satisfaction of the claim: respondent-Insurance Company to pay an additional lump sum of Rs. 4,90,000/- to the appellants-claimants over and above the Tribunal award, 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; apportionment, deposit and release as per the Tribunal's judgment; appeal disposed of in terms of the joint memo with the Tribunal's judgment modified accordingly.

Issue for consideration

Whether the compensation awarded by the Tribunal in MVC No. 4063/2019 (judgment and award dated 08.11.2021) should be enhanced in the appellants-claimants' miscellaneous first appeal filed under S. 173(1) of the MV Act.

Court's answer

After prolonged negotiations and pursuant to a joint memo, the appellants-claimants agreed to receive and the respondent-Insurance Company agreed to pay a lump sum of Rs. 4,90,000/- (Rupees Four Lakh Ninety Thousand only), in addition to what was 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 the award.

Key takeaways

On failure to deposit within six weeks, the said amount shall carry interest at the rate of 9% per annum from the date of default until the date of deposit.ratio¶38
Apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal.ratio¶40
The Miscellaneous First Appeal stands disposed of in terms of the joint memo, and the Judgment and Award of the Tribunal stands modified accordingly.

Detailed headnote1 paragraphs

Lok Adalat conciliation (High Court Legal Services Committee, Bengaluru; conciliators: Hon'ble Mrs. Justice K.S. Hemalekha and Smt. K.M. Archana, Member) in M.F.A. No. 875/2022 (MV) (Lok Adalat No. 5568/2025), filed under S. 173(1) of the MV Act by the family of Late Y. Prakash @ Pillaiah against Royal Sundaram Alliance General Insurance Co. Ltd., seeking enhancement of the judgment and award dated 08.11.2021 in MVC No. 4063/2019 (Chief Judge, Court of Small Causes / Member Principal Motor Accident Claims Tribunal, Bengaluru), which had partly allowed the claim petition. Pursuant to a joint memo after prolonged negotiations, the claimants agreed to receive and the insurer agreed to pay an additional lump sum of Rs. 4,90,000/- in full and final settlement of the claim, over and above the Tribunal award, to be deposited within six weeks of preparation of the award, failing which it carries interest at 9% p.a. from the date of default till deposit; apportionment, deposit and release of the enhanced amount to follow the Tribunal's judgment and award; appeal disposed of in terms of the joint memo and the Tribunal's judgment modified accordingly. Order dated 13.08.2025.

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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 13^TH DAY OF AUGUST 2025

CONCILIATORS PRESENT:

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

&

SMT. K.M.ARCHANA, MEMBER

M.F.A.No.875/2022 (MV) (Lok Adalat No.5568/2025)

BETWEEN

SMT.Y.SHALINI

W/O LATE Y.PRAKASH @ PILLAIAH, AGED ABOUT 33 YEARS,

KUM. ANKITHA.P D/O LATE Y.PRAKASH @ PILLAIAH, AGED ABOUT 15 YEARS,

KUM. HARSHINI. P AGED ABOUT 13 YEARS,

D/O LATE Y.PRAKASH @ PILLAIAH

4 . SRI. YALLAPPA S/O LATE THOTI CHINNAPPA, AGED ABOUT 78 YEARS,

SMT. MUNIYAMMA W/O YALLAPPA, AGED ABOUT 53 YEARS,

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(SINCE APPELLANTS NO.2 & 3 ARE MINORS THEY ARE REP. BY THEIR MOTHER. SMT.Y.SHALINI)

ALL ARE R/AT NO.158/16, AMBEDKARNAGAR, ANEKAL, BENGALURU – 562106.

...APPELLANTS

(BY SRI. P.SHIVAKUMAR AND SUPREETH.B.P., ADVOCATE)

AND

1 . ROYAL SUNDARAM ALLIANCE GENERAL INSURANCE CO. LTD, NO. 132, BALAJI SOVEREIGN, 2ND FLOOR, BRIGADE ROAD, NEAR BRIGADE TOWERS, BENGALURU-560025. REP. BY ITS MANAGER.

2 . SRI. RAVI.C S/O CHANDRAPPA, NO.15, NEAR KEB, ATTIBELE, ANEKAL TALUK, BENGALURU-562107.

RESPONDENTS

(BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR RESPONDENT NO.1)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.11.2021 PASSED IN MVC NO. 4063/2019 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR

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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 Appellants - Claimants is present.

The learned Counsel appearing for the Respondent – 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 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 respondent - Insurance Company has agreed to pay a lump-sum of Rs.4,90,000/- (Rupees Four Lakh Ninety 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

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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 apportionment, deposit and release of the enhanced compensation

amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal.

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