Sri. Sukesh Shetty Vs the Managing Partner — Motor Accident Claims | Karnataka HC (2025)

Sri. Sukesh Shetty Vs the Managing Partner — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Consensual settlement recorded on joint memo: respondent-Insurance Company (Reliance General) to pay lump-sum Rs.70,000/- over and above the Tribunal award in full and final settlement, to be deposited before the Tribunal within six weeks of preparation of award (failing which interest at 9% P.A. from date of default till deposit); entire enhanced compensation to be released to the appellant/claimant on proper identification; appeal disposed of in terms of the Joint Memo and Tribunal judgment and award modified accordingly.

Issue for consideration

Whether the appellant/claimant is entitled to enhancement of compensation over the amount awarded by the Tribunal in MVC No. 64/2014, and on what terms the appeal should be resolved.

Court's answer

By consent, the appellant-claimant agreed to receive and the respondent-Insurance Company agreed to pay a lump-sum of Rs.70,000/- (Rupees Seventy Thousand only) pursuant to the joint memo filed after prolonged negotiations.

Ratio / Principle

The settled lump-sum of Rs.70,000/- is in addition to the amount already awarded by the Tribunal and constitutes full and final settlement of the claim.

Key takeaways

The respondent-Insurance Company agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of award, failing which the amount carries interest at 9% P.A. from the date of default till the date of deposit.ratio¶30
The entire enhanced compensation amount is to be released in favour of the appellant/claimant on proper identification.ratio¶31
The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo, and the Judgment and Award of the Tribunal stands modified accordingly, with the Award to be drawn up accordingly.

Detailed headnote1 paragraphs

Lok Adalat settlement (High Court Legal Services Committee, Bengaluru; dated 13 August 2025; Conciliators: Hon'ble Mrs. Justice K.S. Hemalekha and Smt. K.M. Archana, Member) in M.F.A.No.9481/2017 (MV) (Lok Adalat No.5564/2025), filed under S. 173(1) MV Act by claimant Sukesh Shetty against the judgment and award dated 21.06.2017 of the Additional District Judge and Additional MACT, Udupi (sitting at Kundapura) in MVC No. 64/2014, which had partly allowed his compensation claim, the appeal seeking enhancement. After prolonged negotiations, on a joint memo, Reliance General Insurance Co. Ltd. agreed to pay the claimant a lump-sum of Rs.70,000/- (Rupees Seventy Thousand only) in addition to the Tribunal award, in full and final settlement; the amount 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 entire enhanced compensation to be released to the claimant on proper identification. Appeal disposed of in terms of the Joint Memo; 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 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.9481/2017 (MV) (Lok Adalat No.5564/2025)

BETWEEN:

SRI. SUKESH SHETTY, S/O LATE RAGHURAMA SHETTY, AGED ABOUT 33 YEARS, R/O NARKALI MAKKIMANE, HARKURU VILLAGE, KUNDAPURA TALUK-572101.

...APPELLANT

(BY SRI. K. PRASANNA SHETTY, ADVOCATE)

AND

1 . THE MANAGING PARTNER, BHARATHI TOURIST, NEAR SRI MAHALINGESHWARA TEMPLE, BANNANJE, UDUPI-572101.

RELIANCE GENERAL INSURANCE CO., LTD REP. BY ITS MANAGER, RELIANCE CENTRE NO.19,

2

WALCHAND HIRACHAND MARG, BALLARD ESTATE, MUMBAI- 400 001.

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 21.06.2017 PASSED IN MVC NO. 64/2014 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI, (SITTING AT KUNDAPURA), KUNDAPURA, 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 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 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.70,000/- (Rupees Seventy Thousand 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