Sri Rajeev H Vs Sri Shivaraja Naik C T — Motor Accident Claims | Karnataka HC (2026)

Sri Rajeev H Vs Sri Shivaraja Naik C T — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Enhancement of compensation by way of an additional lump sum of Rs.4,50,000/- payable by the respondent-Insurance Company to the appellant-claimant over and above the Tribunal award, in full and final settlement; appeal disposed of in terms of the joint memo with the Tribunal's judgment and award modified accordingly.

Issue for consideration

Whether the compensation awarded by the Tribunal in M.V.C. No.4098/2023 ought to be enhanced in this appeal under Section 173(1) of the Motor Vehicles Act, 1988.

Court's answer

In full and final settlement, the appellant-claimant agreed to receive and the respondent-Insurance Company agreed to pay a lump sum of Rs.4,50,000/- in addition to the amount awarded by the Tribunal.

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 default in deposit, the settled amount shall carry interest at 9% per annum from the date of default until the date of deposit.ratio¶33
Apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the judgment and award passed by the Tribunal.ratio¶34
The miscellaneous first appeal stands disposed of in terms of the joint memo and the judgment and award of the Tribunal stands modified accordingly.ratio

Detailed headnote1 paragraphs

National Lok-Adalat conciliation before the High Court Legal Services Committee, Bengaluru (conciliators: Justice Venkatesh Naik T. and Sri Naman Vankdari M, Member) in Miscellaneous First Appeal No.5021 of 2025 (MV-I), filed under Section 173(1) of the Motor Vehicles Act, 1988 against the judgment and award dated 22.03.2025 of the Chief Judge, Court of Small Causes, Member, Principal Motor Accident Claims Tribunal, Bengaluru (SCCH-1) in M.V.C. No.4098/2023, whereby the claim petition was partly allowed and enhancement of compensation was sought. Pursuant to a joint memo, the appellant-claimant agreed to receive and respondent No.2, ICICI Lombard General Insurance Co Ltd., agreed to pay an additional lump sum of Rs.4,50,000/- (Rupees four lakh and fifty thousand only) over and above the Tribunal award, in full and final settlement. The Insurance Company is to deposit the amount before the Tribunal within six weeks from the date of preparation of the award, failing which the amount carries interest at 9% per annum from the date of default till the date of deposit. Apportionment, deposit and release of the enhanced compensation shall be in terms of the Tribunal's judgment and award. The appeal stands disposed of in terms of the joint memo and the Tribunal's judgment and award stand modified accordingly.

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK-ADALAT

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF MARCH, 2026

CONCILIATORS PRESENT

THE HON'BLE MR. JUSTICE VENKATESH NAIK T. AND

SRI NAMAN VANKDARI M, MEMBER

MISCELLANEOUS FIRST APPEAL NO.5021 OF 2025 (MV-I) (LOK-ADALAT NO.822 OF 2026)

BETWEEN:

SRI.RAJEEV H, S/O HOSURAPPA, AGED ABOUT 28 YEARS,

RESIDING AT SUDUGADSIDDARAHATTI, MARUTHINAGARA, BALLAMUDRA PO,

Digitally signed by DEEPU M Location: HIGH COURT OF KARNATAKA

HOSADURGA SUB DISTRICT,

CHITRADURGA DISTRICT - 577 597.

(BY SRI JAGADEESH H T, ADVOCATE)

...APPELLANT

AND:

SRI.SHIVARAJA NAIK C T, S/O THIMMA NAIK C N, MAJOR, RESIDING AT CHIKKAPATTANAGERE, PATTANAGERE, KADUR TALUK - 577 548. CHIKKAMAGALORE DISTRICT.

THE MANAGER, ICICI LOMBARD GENERAL INSURANCE CO LTD., THE ESTATE, 9^TH FLOOR, DOOR NO.121, DICKENSON ROAD, (M.G.ROAD) BESIDE MANIPAL CENTER, BENGALURU - 560 042.

…RESPONDENTS

(BY SRI P S JAGADISH, ADVOCATE, FOR R-2,

NOTICE TO R-1 IS DISPENSED WITH VIDE ORDER DATED 19.12.2025)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 22.03.2025 PASSED IN M.V.C. NO.4098/2023 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CONCILIATION ORDER

Learned counsel appearing for the appellant-claimant and 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 and the learned counsel appearing for the respondent-Insurance Company and its Authorised Officer is filed. The appellant-claimant has agreed to receive and the respondentInsurance Company has agreed to pay a lump-sum of Rs.4,50,000/(Rupees four lakh and fifty 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 a period of 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% per annum 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 Tribunal.

This miscellaneous first appeal stands disposed off 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

KVK