Karnataka High Court
Smt. Latha. R vs Smt. Jayasudha. M on 10 March, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
-1-
NC: 2025:KHC:10530
MFA No. 3979 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 3979 OF 2023 (MV-D)
BETWEEN:
1. SMT. LATHA. R
W/O LATE GOPAL D
AGED ABOUT 36 YEARS
2. NAMRATHA G
D/O GOPAL D
AGED ABOUT 12 YEARS
MINOR REPRESENTED BY NATURAL GUARDIAN -
MOTHER LATHA R
APPELLANT NO.1 HEREIN
R/AT NO.PID-53-521-508
8TH CROSS, PATEL CHANNAPPA BADAVANE
MUNESHWARANAGARA
NELAMANGALA
BENGALURU RURAL-562 123
3. SANIKA G
D/O GOPAL D
Digitally signed AGED ABOUT 10 YEARS
by MINOR REPRESENTED BY
GAVRIBIDANUR NATURAL GUARDIAN - MOTHER
SUBRAMANYA
GUPTA LATHA R APPELLANT NO.1 HEREIN
SREENATH R/AT NO.PID-53-521-508
Location: HIGH 8TH CROSS
COURT OF
KARNATAKA PATEL CHANNAPPA BADAVANE
MUNESHWARANAGARA
NELAMANGALA
BENGALURU RURAL-562 123
4. SAVITHRAMMA
W/O LATE DASEGOWDA
AGED ABOUT 67 YEARS
-2-
NC: 2025:KHC:10530
MFA No. 3979 of 2023
R/AT KENJIGANAHALLI
KANNAMANGALA
DODDABALLAPURA TLAUK
BENGALURU RURAL-562 123
...APPELLANTS
(BY SRI. SATHEESH H K.,ADVOCATE)
AND:
1. SMT. JAYASUDHA. M
W/O MANIVEL
NO.48, ELLAPALAYAM
ARASIRAMANI
ALATHUR POST
SANKARI TALUK
SALEM DISTRICT
TAMIL NADU-637101
(OWNER OF THE VEHICLE BEARING
NO.TN-52-F-6275)
2. THE MANAGER
ROYAL SUNDARAM GEN INS COMPANY LTD
RAJARAM MOHAN ROY ROAD
OPP RICHMOND ROAD
BENGALURU-560027
(POLICY NO.VGC 0558525000100
VALID FROM 04/06/2019 TO 03/06/2020)
...RESPONDENTS
(BY SRI.RAVI S. SAMPRATHI .,ADVOCATE FFOR R-2;
NOTICE TO R-1 IS DISPENSED WITH V.O.D 09.08.2023)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.04.05.2022 PASSED IN MVC
NO.2048/2020 ON THE FILE OF THE I ADDITIONAL SMALL
CAUSES JUDGE AND MACT, BENGALURU, (SCCH-11),
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:10530
MFA No. 3979 of 2023
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL JUDGMENT
This appeal is preferred by the appellants-claimants
challenging the judgment and award dated 4th May 2022
passed in MVC No.2048/2020 on the file of the 1st Addl.
Small Causes Judge and Member, MACT, Bengaluru (for
short 'the tribunal'). This appeal is founded on the premise
of inadequate and meager compensation awarded by the
tribunal.
2. Parties to the appeal shall be referred to as per
their status before the tribunal.
3. I have heard Sri Satheesh H.K., learned counsel
for the appellants as well as Sri Ravi Samprathi, learned
counsel for Respondent No.2 - Insurance company.
4. The occurrence of the accident, involvement of the
vehicle, death having occurred due to the road traffic
accident, are all established. On the basis of the
materials placed on record, both oral and documentary,
NC: 2025:KHC:10530
the Tribunal has awarded total compensation of
Rs.24,73,792/- with interest at 6% per annum and
directed the respondent No.2 - insurance company to pay
the compensation.
5. Being aggrieved by the inadequate compensation,
the claimants are before this Court for enhancement of
compensation.
6. During the pendency of this appeal, parties have
agreed to settle the matter amicably. Accordingly, they
filed a joint memo dated 10.3.2025 today in the open
Court. The said memo is signed by learned counsel for
appellants as well as learned counsel for Respondent No.2.
The memo is placed on record.
7. The 2nd respondent - insurance company has
agreed to settle the claim in full and final settlement for
sum of Rs.4,50,000/-, in addition to what has been
awarded by the Tribunal. The said additional amount of
compensation is the global compensation, which shall not
NC: 2025:KHC:10530
carry interest. The appellants - claimants have agreed
for the same.
8. In view of both the parties having amicably
settled the matter and the 2nd respondent agreed to pay
the additional global compensation of Rs.4,50,000/-
without any interest and the appellants having agreed for
the same, this Court would not delve into the merits of the
matter. Under the circumstances, I pass the following:
ORDER
i) The appeal is allowed in part.
ii) The impugned judgment and award dated 4th
May 2022 passed in MVC No.2048/2020, on
the file of the 1st Addl. Small Causes Judge &
Member, MACT, Bengaluru, stands modified
to an extent that the appellants - claimants
are entitled for an additional global
compensation of Rs.4,50,000/- (Rupees four
lakhs fifty thousand only), which shall not
carry any interest. It is made clear this is in
addition to the compensation awarded by the
Tribunal by the impugned judgment and
NC: 2025:KHC:10530
award amounting to Rs.24,73,792/- with
interest at 6% per annum.
iii) The 2nd respondent - insurance company shall
deposit the compensation amount within a
period of six weeks from the date of receipt of
a copy of this judgment.
iv) The compensation amount shall be released in
favour of the appellants-claimants as per the
terms of the tribunal by electronic transfer to
the claimants upon furnishing the required
bank details/upon proper identification.
v) All other terms with regard to deposit,
apportionment and release of the
compensation amount, are retained.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
GSS
