Lokesha Vs Sundararaja S — Motor Accident Claims | Karnataka HC (2026)

Lokesha Vs Sundararaja S — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Enhanced compensation of Rs.50,000/- (additional lumpsum over the Claims Tribunal award) payable by respondent-Insurance Company to the appellant-claimant in full and final settlement; to be deposited before the Tribunal within six weeks from preparation of the award, failing which it carries interest at 9% p.a. from the date of default till deposit; entire enhanced amount to be released to the claimant on proper identification; Tribunal judgment and award dated 28.02.2025 modified accordingly.

Issue for consideration

Whether the appellant-claimant is entitled to enhancement of compensation over and above the judgment and award dated 28.02.2025 in MVC No.784/2023 passed by the Addl. Senior Civil Judge, Srirangapatna.

Ratio / Principle

After prolonged negotiations the matter was settled through a Joint Memo signed by the learned counsel for the appellant-claimant (authorised by him) and the learned counsel for the respondent-Insurance Company along with its authorized Officer; the Joint Memo was accepted by the Lok Adalat.

Key takeaways

The appellant-claimant agreed to receive and the respondent-Insurance Company agreed to pay a lumpsum of Rs.50,000/- in addition to what was awarded by the Claims Tribunal, in full and final settlement of the claim.ratio¶24
The respondent-Insurance Company is to deposit the settled amount before the Tribunal within six weeks from the date of preparation of the award.ratio¶25

Detailed headnote1 paragraphs

Lok Adalat (High Court Legal Services Committee, Bengaluru) conciliation order dated 21.02.2026 in M.F.A.No.4837/2025 (MV-I), filed under S.173(1) of the Motor Vehicles Act by claimant Lokesha seeking enhancement of the award dated 28.02.2025 in MVC No.784/2023 on the file of the Addl. Senior Civil Judge/MACT, Srirangapatna. Pursuant to a Joint Memo executed after prolonged negotiations, respondent ACKO General Insurance Co. Ltd. agreed to pay an additional lumpsum of Rs.50,000/- over 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 the claimant on proper identification. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo and the Tribunal judgment and award stands 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 21^ST DAY OF FEBRUARY, 2026

CONCILIATORS PRESENT:

THE HON’BLE MR. JUSTICE VIJAYKUMAR A. PATIL &

SMT. ARCHANA K.M., MEMBER

M.F.A.No.4837/2025 (MV-I) (Lok Adalat No.5425/2025)

BETWEEN:

LOKESHA S/O LATE KRISHNA, AGED ABOUT 29 YEARS, R/AT RAMA MANDIRA ROAD, K. SHETTAHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 438.

...APPELLANT

(BY SRI. SREENIVASAN M.Y., ADVOCATE)

AND:

SUNDARARAJA S. S/O B.Y. SURESH, AGED : MAJOR, R/AT NO.72, MARIGUDI ROAD, BOMMOORU AGRAHARA VILLAGE, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 438.

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THE MANAGER ACKO GENERAL INSURANCE CO. LTD. R/AT NO.36/5, HUSTEL HUB ONE EAST, SOMASANDRAPALYA, 27^TH MAIN, RD SECTOR-2, H.S.R. LAYOUT, BENGALURU - 560 102.

….RESPONDENTS

(BY SRI. ANUP SEETHARAM RAO, ADVOCATE FOR R2)

THIS MFA IS FILED UNDER SEC.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.02.2025 PASSED IN MVC NO.784/2023 ON THE FILE OF THE ADDL., SENIOR CIVIL JUDGE, SRIRANGAPATNA, SEEKING ENHANCEMENT OF COMPENSATION.

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

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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 are present.

After prolonged negotiations, the matter is settled. A Joint Memo signed by the learned counsel appearing for the appellant - claimant (being authorized by the appellant - claimant to sign) and the learned counsel 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 lumpsum of Rs.50,000/- ((Rupees Fifty Thousand only) in addition to what has been awarded by the Claims 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

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amount shall carry interest at the rate of 9% p.a. from the date of default, till the date of deposit.

The Joint Memo is accepted. The entire enhanced compensation amount Rs.50,000/- 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 Order dated 28.02.2025 in MVC No.784/2023 on the file of MACT, Srirangapatna, shall stand modified accordingly. Draw up the Award accordingly.

Sd/JUDGE

Sd/MEMBER

sac