Partly allowed¶35

Smt.Ashwini Vijay Metrani v. Sri Soeb Noor Md. Marchand

Karnataka HC27 Mar 2026MFA/8086/2013

Case brief

AI extract

What is this about?

Motor accident compensation enhancement; consent disposal by joint memo; additional Rs.1,00,000/- with interest over MACT award; claimant Ashwini Vijay Metrani vs Soeb Noor Md. Marchand (motorcycle owner, Regn. KA-50/J-3445) and Tata AIG General Insurance Co. Ltd.; MVC No.4726/2011, MACT-3 Bangalore, award dated 13.06.2013; appeal under S. 173(1) MV Act; MFA No. 8086 of 2013 (MV-I); Karnataka High Court, single judge (C.M. Poonacha, J.), decided 27.03.2026; NC: 2026:KHC:17561.

What did the court decide?

Enhancement by way of further compensation of Rs.1,00,000/- inclusive of interest to the appellant/claimant, in addition to the compensation awarded by the Tribunal; insurer (respondent No.2) to deposit within six weeks; modified decree to be drawn; no costs. ¶35

Smt.Ashwini Vijay Metrani Vs Sri Soeb Noor Md… — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the claimant-appellant is entitled to enhancement of the quantum of compensation awarded by the Tribunal.

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Court's answer

On the joint memo filed by the appellant and respondent No.2 agreeing to further compensation of Rs.1,00,000/-, the appeal is partly allowed and the judgment and award dated 13.06.2013 in MVC No.4726/2011 is modified accordingly.

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Ratio / Principle

The appellant/claimant is entitled to a further compensation of Rs.1,00,000/- inclusive of interest, in addition to the compensation awarded by the Tribunal.

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Key takeaways

The second respondent - insurer shall deposit the said compensation within six weeks; records to be transmitted to the Tribunal and the registry to draw the modified decree; no costs.ratio¶36

Detailed headnote1 paragraphs

MFA No. 8086 of 2013 (MV-I), High Court of Karnataka at Bengaluru (Hon'ble Mr. Justice C.M. Poonacha, decided 27.03.2026): Claimant's appeal under S. 173(1) of the MV Act against the judgment and award dated 13.6.2013 in MVC No.4726/2011 (7th Additional Small Causes Judge, Member, MACT-3, Bangalore), which had partly allowed her claim petition, seeking enhancement of compensation. Pursuant to a joint memo filed by the appellant and respondent No.2 (M/s. Tata AIG General Insurance Co. Ltd.) agreeing to payment of further compensation of Rs.1,00,000/- (Rupees One lakh only), the Court partly allowed the appeal and modified the Tribunal's award, holding the appellant/claimant entitled to a further compensation of Rs.1,00,000/- inclusive of interest, in addition to the compensation awarded by the Tribunal. Respondent No.2-insurer directed to deposit the amount within six weeks; records to be transmitted to the Tribunal; registry to draw the modified decree; no costs.

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1 - NC: 2026:KHC:17561 MFA No. 8086 of 2013

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 8086 OF 2013 (MV-I)

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BETWEEN:

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SMT.ASHWINI VIJAY METRANI AGED ABOUT 34 YEARS, W/O. VIJAY METRINI R/O. SHANTHINIKETHAN SLINTRE COLONY, NIPPANI & ALSO AT NO.93, PAVAN KUMAR LAYOUT CHIKKAGUBBI VILLAGE, DODDAGUBBI POST, BANGALORE 560077

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…APPELLANT

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(BY SRI. H L JAYARAMU, ADVOCATE)

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Digitally signed by NIRMALA DEVI

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Location: HIGH COURT OF KARNATAKA

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AND:

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SRI SOEB NOOR MD. MARCHAND AGED ABOUT 46 YEARS, S/O NOOR MD. ABDULLA, RESIDING AT NO.78, ROBERTSON ROAD EAST POINT APARTMENTS, 3RD FLOOR, FRAZER BANGALORE 560005 (R.C. OWNER OF MOTOR CYCLE BEARING REG No. KA-50/J-3445)

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2 - NC: 2026:KHC:17561 MFA No. 8086 of 2013

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HC-KAR

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M/S. TATA AIG GENERAL

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INSURANCE CO. LTD NO.69,J.P & DEVI JAMBU KESWARA ARCADE, MILLERS ROAD, BANGALORE 560052 I.P. NO.015072406801 VALID FROM 09.11.2010 TO 08.11.2011

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…RESPONDENTS

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(BY SRI. B. PRADEEP, ADVOCATE FO R2 (VK NOT FILED))

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.6.2013 PASSED IN MVC NO.4726/2011 ON THE FILE OF THE 7TH ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT-3, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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The above appeal is filed by the claimant seeking enhancement of the quantum of compensation.

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Both the learned counsel appearing for the parties have filed a joint memo, which reads as under:

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"JOINT MEMO

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The Appellant and the respondent No.2 in the above case most humbly file the joint

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3 - NC: 2026:KHC:17561 MFA No. 8086 of 2013

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HC-KAR

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memo as both have agreed to accept the further compensation of `1,00,000/(Rupees One lakh only) to be paid to the Appellant by the Respondent No.2, subject to approval.

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Hence the memo.

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Sd/Sd/Advocate for Adv.for Appellant Respondent No.2

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Bengaluru, 27.3.26"

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In view of the same, the above appeal is partly allowed. The judgment and award dated 13.06.2013 passed in MVC No.4726/2011 by the VII Additional Small Causes Judge, Member, MACT-3, Bangalore, is modified to the extent of holding that the appellant/claimant shall be entitled to a further compensation of `1,00,000/- inclusive of interest, in addition to the compensation awarded by the Tribunal.

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