Guruvamma M S Vs Basavaraju — Motor Accident Claims | Karnataka HC (2026)

Guruvamma M S Vs Basavaraju — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Enhanced compensation of Rs.10,50,000/- (lumpsum) payable by the National Insurance Co. Ltd. to the claimants in addition to the Tribunal award, in full and final settlement; Tribunal judgment and award dated 17.05.2025 modified accordingly; Rs.3,50,000/- released to claimants and Rs.7,00,000/- invested in fixed deposit per Tribunal order.

Issue for consideration

Whether the compensation awarded by the Claims Tribunal (Senior Civil Judge & JMFC, MACT, Arasikere) in MVC No.1694/2023 should be enhanced.

Court's answer

The claimants agreed to receive and the Insurance Company agreed to pay a lumpsum of Rs.10,50,000/- (Rupees Ten Lakh Fifty Thousand only) in addition to the amount awarded by the Claims Tribunal, in full and final settlement of the claim.

Ratio / Principle

The Insurance Company agreed 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 the stipulated period, the amount shall carry interest at 9% P.A. from the date of default until the date of deposit.ratio¶35
Out of the total enhanced compensation of Rs.10,50,000/-, Rs.3,50,000/- was ordered to be released to the appellants-claimants and the balance of Rs.7,00,000/- to be invested in fixed deposit in terms of the Tribunal's order.ratio¶36
The Judgment and Order dated 17.05.2025 in MVC No.1694/2023 on the file of MACT, Arasikere, shall stand modified accordingly, and the Award was directed to be drawn up accordingly.

Detailed headnote1 paragraphs

Lok Adalat conciliation order (High Court Legal Services Committee, Bengaluru) in M.F.A.No.4859/2025 (MV-D), an appeal under Section 173(1) of the MV Act seeking enhancement of compensation against the judgment and award dated 17.05.2025 of the Senior Civil Judge & JMFC, MACT, Arasikere in MVC No.1694/2023. After prolonged negotiations and via a joint memo, the claimants (Guruvamma M.S., Erabhovi and Bindu M.E.) and the National Insurance Co. Ltd. agreed to an additional lumpsum of Rs.10,50,000/- over the Tribunal award in full and final settlement. The insurer was to deposit the amount before the Tribunal within six weeks of preparation of the award, failing which it would carry interest at 9% P.A. from the date of default till deposit. Of the enhanced amount, Rs.3,50,000/- was released to the claimants and Rs.7,00,000/- was ordered to be invested in fixed deposit in terms of the Tribunal's order. The Tribunal's judgment and award stand modified accordingly; the Miscellaneous First Appeal stands disposed of.

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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.4859/2025 (MV-D)

(Lok Adalat No.5633/2025)

BETWEEN:

GURUVAMMA M.S. W/O ERABHOVI

AGED ABOUT 43 YEARS

ERABHOVI S/O SIDDABHOVI

AGED ABOUT 49 YEARS

BINDU M.E. D/O ERABHOVI AGED ABOUT 25 YEARS

ALL ARE R/AT MARATAGERE BOVI COLONY BANAVARA HOBLI ARASIKERE TALUK HASSAN DISTRICT - 573102.

...APPELLANTS

(BY SRI. MADHU M.T., ADVOCATE)

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AND:

BASAVARAJU S/O GANGANAIKA AGED ABOUT 63 YEARS R/AT NO.82, TIRUPATHI VILLAGE KASABA HOBLI ARASIKERE TALUK HASSAN DISTRICT - 573 102.

THE MANAGER THE NATIONAL INSURANCE CO. LTD. SHOP NO.1, KASHI COMPLEX B.H. ROAD ARASIKERE TOWN - 573 102.

….RESPONDENTS

(BY SRI. B. PRADEEP, ADVOCATE FOR R2)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.05.2025 PASSED IN MVC NO.1694/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, MACT, ARASIKERE, 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 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 appellant/s - claimant/s to sign) and the learned advocate appearing for the respondent - Insurance Company and its authorized officer, is filed. The appellant/s - claimant/s have agreed to receive and the respondent -Insurance Company has agreed to pay a lumpsum of Rs.10,50,000/- (Rupees Ten Lakh 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. It is ordered that, out of the total enhanced compensation amount of Rs.10,50,000/-, a sum of Rs.3,50,000/- shall be released in favour of the appellants - claimants and balance of Rs.7,00,000/- shall be invested in fixed deposit, in terms of the order of the Tribunal.

The Judgment and Order dated 17.05.2025 in MVC No.1694/2023 on the file of MACT, Arasikere, shall stand modified accordingly. Draw up the Award accordingly.

With the above observation, this Miscellaneous First Appeal stands disposed of.

Sd/JUDGE

Sd/MEMBER

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