Sri Mahaveer Khidrapur Vs Sri Ramesh Padiyappa… — Motor Accident Claims | Karnataka HC (2026)

Sri Mahaveer Khidrapur Vs Sri Ramesh Padiyappa… — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Enhanced compensation of Rs.11,00,000/- (Rupees Eleven Lakhs only) without interest granted to claimants in addition to the Tribunal award, payable by respondent No.2 (ICICI Lombard General Insurance Co. Ltd.) in full and final settlement; amount to be deposited before the Tribunal within six weeks, failing which it carries interest at 9% p.a. from the date of default till deposit; no costs to either party.

Issue for consideration

Whether the claimants/appellants are entitled to enhancement of the compensation awarded by the Tribunal in MVC No.5487/2022.

Court's answer

The appeal is disposed of in terms of the joint memo signed by learned counsel for the appellants and learned counsel for respondent No.2.

Ratio / Principle

Claimants are entitled to enhanced compensation of Rs.11,00,000/- without interest, over and above the amount awarded by the Tribunal, in full and final settlement.

Key takeaways

In terms of the accepted joint memo, respondent No.2 insurer is to deposit the settled amount before the Tribunal within six weeks of preparation of the judgment/award, failing which the amount carries interest at 9% p.a. from the date of default till the date of deposit; the parties are not entitled to costs.ratio¶39
Award to be drawn in terms of the joint memo.ratio¶47

Detailed headnote1 paragraphs

Motor Accident Claims — Enhancement — Joint Memo Settlement — High Court of Karnataka (Shivashankar Amaranavar, J.), by oral judgment dated 06.07.2026 in MFA No. 6034 of 2024 filed under Section 173(1) of the MV Act, disposed of the claimants' appeal against the judgment and award dated 16.11.2023 in MVC No.5487/2022 (VII Addl. Judge & ACMM/MACT, Bengaluru) in terms of a joint memo signed by counsel for both sides. In full and final settlement, claimants were held entitled to additional compensation of Rs.11,00,000/- (Rupees Eleven Lakhs only) without interest, over and above the Tribunal award, payable by respondent No.2, ICICI Lombard General Insurance Co. Ltd., to be deposited before the Tribunal within six weeks, failing which the sum carries interest at 9% p.a. from the date of default till deposit; parties not entitled to costs; award to be drawn in terms of the joint memo.

1 - NC: 2026:KHC:33561 MFA No. 6034 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JULY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 6034 OF 2024

(MV-D)

BETWEEN:

SRI MAHAVEER KHIDRAPUR S/O SIDDAPPA NOW AGED ABOUT 45 YEARS,

SMT. SUNANDA MAHAVEER KHIDRAPUR W/O MAHAVEER KHIDRAPUR, NOW AGED ABOUT 40 YEARS.

BOTH ARE RESIDING AT ALGUR, WARD No.6 JAMAKHANDI BAGALKOT, PIN – 587 301.

…APPELLANTS

(BY SRI GOPAL KRISHNA N, ADVOCATE)

Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

AND:

SRI RAMESH PADIYAPPA MUTTAPPAGOL S/O PADIYAPPA MAJOR IN AGE, A/P HIREPADASALAGI TALUK JAMAKHANDI DISTRICT BAGALKOT – 587 301.

ICICI LOMBARD GENERAL INSURANCE CO. LTD., No.121, ‘THE ESTATE’,

9^TH FLOOR, DICKENSON ROAD

2 - NC: 2026:KHC:33561 MFA No. 6034 of 2024

HC-KAR

M.G.ROAD BENGALURU – 560 042 REP: BY ITS MANAGER.

…RESPONDENTS

(BY SRI B PRADEEP, ADVOCATE FOR R2 V/O DTD. 15.10.2024, NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.11.2023 PASSED IN MVC No.5487/2022 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSE TITLE AND ACMM, MEMBER, MACT3, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT

This appeal is filed by claimants seeking

enhancement of compensation awarded in the judgment and award dated 16.11.2023 passed in MVC No.5487/2022 by VII Additional Judge, Court of Small Causes and MACT, Bengaluru.

2. A joint memo has been filed and it is signed by

learned counsel for appellants and learned counsel for respondent No.2.

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NC: 2026:KHC:33561 MFA No. 6034 of 2024

HC-KAR

3. The terms of joint memo, reads as under:

“1) The above MFA filed against the judgment and award passed in M.V.C. No. 5487/2022 on the file of The Court of VII Addl. Judge & ACMM, Bengaluru.

2) During the pendency of the above proceedings, the parties have amicably discussed the matter and have arrived at a settlement with regard to the additional compensation payable to the appellants/claimants.

3) The Appellants/Claimants have agreed to receive and the 2nd respondent Insurance companyICICI LOMBARD GENERAL INSURANCE Co. LTD. has agreed to pay lump-sum of Rs.11,00,000/(Rupees Eleven Lakhs only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

4) The 2^nd respondent Insurance company-ICICI LOMBARD GENERAL INSURANCE Co. LTD. has agreed to deposit the said amount before the Tribunal, within six weeks from the date of preparation of judgment/award, failing, which said amount shall carry interest at 9% p.a. from the date of default till the date of deposit. The parties are not entitled for any cost.

NC: 2026:KHC:33561 MFA No. 6034 of 2024

4 -

HC-KAR

5) The parties pray that this Hon'ble Court may be pleased to record this joint memo and pass appropriate orders/award in terms of the settlement stated above, in the interest of justice and equity.”

4. The appeal is disposed of in terms of joint

memo. Claimants are entitled to enhanced compensation

of Rs.11,00,000/- without interest.

5. Draw award in terms of joint memo.

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

DSP List No.: 1 Sl No.: 59