Smt. Ningamma Vs Narasimhalu — Motor Accident Claims | Karnataka HC (2025)

Smt. Ningamma Vs Narasimhalu — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Enhanced compensation of Rs.90,000/- over the Tribunal award, payable by the Insurance Company in full and final settlement, to be deposited before the Tribunal within six weeks of preparation of the award (failing which 9% P.A. interest runs from the date of default till deposit), with the entire enhanced amount to be released to appellant No.1/claimant No.1 on proper identification; 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.6760/2016.

Court's answer

After prolonged negotiations the matter is settled through a joint memo signed by counsel for the appellants/claimants and counsel for the respondent-Insurance Company with its authorized officer.

Ratio / Principle

The appellants-claimants agreed to receive and the respondent-Insurance Company agreed to pay a lump-sum of Rs.90,000/- (Rupees Ninety Thousand only), in addition to the Tribunal award, in full and final settlement of the claim.

Key takeaways

The Insurance Company is to deposit the settled amount before the Tribunal within six weeks from the date of preparation of the award, failing which it shall carry interest at 9% P.A. from the date of default till the date of deposit.ratio¶38
The entire enhanced compensation amount is to be released in favour of appellant No.1/claimant No.1 on proper identification.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, 21.08.2025) in M.F.A.No.9733/2017 (MV) — claimants' appeal under S.173(1) MV Act for enhancement of compensation awarded by the III Additional Senior Civil Judge, Court of Small Causes, Bengaluru, in MVC No.6760/2016 (Judgment and Award dated 31.08.2017, partly allowing the claim). Pursuant to a joint memo, the Insurance Company (Magma HDI General Insurance Co. Ltd.) agreed to pay an additional lump-sum of Rs.90,000/- (Rupees Ninety Thousand only) besides the Tribunal award in full and final settlement, to be deposited before the Tribunal within six weeks from preparation of the award, failing which the amount carries interest at 9% P.A. from the date of default till deposit. The entire enhanced amount is to be released to appellant No.1/claimant No.1 (Smt. Ningamma) on proper identification. Appeal disposed of in terms of the joint memo; Tribunal Judgment and Award modified accordingly.

1

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF AUGUST 2025

CONCILIATORS PRESENT:

THE HON’BLE SRI. JUSTICE UMESH M ADIGA

&

SMT.PARINEETA S CHANAL, MEMBER

M.F.A.No.9733/2017 (MV) (Lok Adalat No.5567/2025)

BETWEEN:

1 . SMT. NINGAMMA

W/O LATE NEELAKANTAIAH,

HINDU,

NOW AGED 51 YEARS,

2 . N.RAJASHEKARAIAH S/O LATE NEELAKANTAIAH, HINDU,

NOW AGED 31 YEARS,

3 . SMT.G.N. MANJULA W/O VIJAYKUMAR, D/O LATE NEELAKANTAIAH, HINDU

NOW AGED ABOUT 35 YEARS,

4 . SMT.G.N. VIJAYA W/O HEMACHANDRA,

D/O LATE NEELAKANTAIAH,

2

HINDU, NOW AGED 33 YEARS.

ALL APPELLANTS ARE RESIDENTS OF GUDEMARANAHALLI, SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT. PIN CODE NO: 562127.

...APPELLANTS

(BY SRI. T.C. SATHISHKUMAR, ADVOCATE)

AND

1 . NARASIMHALU S/O RAMANJANEYA, HINDU, MAJOR, R/AT NO.1271, BALAJI NAGAR, NEW BUS STOP, SIRA TOWN & TALUK, TUMKUR DISTRICT, PIN CODE NO: 572137.

2 . THE BRANCH MANAGER MAGMA HDI GENERAL INSURANCE CO. LTD., NEXT TO KAMATH HOTEL, J.C.ROAD, MINERVA CIRCLE, BENGALURU-560052.

RESPONDENTS

(BY SRI.V.B.SIDDARAMAIAH, ADVOCATE FOR R-1; SRI.O.MAHESH, ADVOCATE FOR R-2)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.08.2017 PASSED IN MVC NO.6760/2016 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

3

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 respondentInsurance Company has agreed to pay a lump-sum of Rs.90,000/- (Rupees 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 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.

4

The entire enhanced compensation amount shall be released in favour of the appellant No.1/ claimant No.1, 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