Karnataka High Court
Chandrakala vs Ashwini Hegde on 22 September, 2025
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NC: 2025:KHC:38025
MFA No. 6470 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.6470 OF 2024(MV-I)
BETWEEN:
CHANDRAKALA,
AGED ABOUT 43 YEARS,
W/O. LATE. NAVEEN POOJARY,
R/AT. NEHA NAVEEN CHANDRA COMPOUND,
R.K. NAGAR, BAJAGOLI POST,
NALLUR VILLAGE,
KARKALA TALUK
...APPELLANT
(BY SMT. SWATHI HEGDE, ADVOCATE FOR
Digitally signed by SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)
AASEEFA PARVEEN
Location: HIGH
COURT OF
KARNATAKA AND:
1. ASHWINI HEGDE,
AGED ABOUT 39 YEARS,
W/O. NAVEEN HEGDE,
R/AT. NO.2-194, SAI KRIPA,
HEGDE GARDEN, MURAGOLI,
PADUMARNADU POST AND VILLAGE,
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NC: 2025:KHC:38025
MFA No. 6470 of 2024
HC-KAR
MANGALORE TALUK.
2. THE BRANCH MANAGER,
THE NATIONAL INSURANCE CO. LTD.,
MOODABIDRI- BRANCH,
NITHYANANDA COMPLEX,
NEAR BUS STAND, MOODABIDRI,
MANGALORE TALUK.
...RESPONDENTS
(BY SMT. MANJULA N. TEJASWI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH,
V/O. DATED 25.10.2024)
THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 26.06.2024 PASSED IN
MVC NO.1244/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND ACJM, KARKALA, UDUPI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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NC: 2025:KHC:38025
MFA No. 6470 of 2024
HC-KAR
ORAL JUDGMENT
This appeal is the outcome of the award that is
passed by the Motor Accident Claims Tribunal, Udupi in
MVC No.1244/2023 dated 26.06.2024. This is a claimant's
appeal. As against the claim for Rs.9,99,999/-, the
Tribunal through the impugned order awarded a sum of
Rs.1,25,735/- as compensation. Projecting that she is
entitled for a higher sum, the present appeal is filed.
2. On this day Ms.Swathi Hegde who represents
Sri.Pavana Chandra Shetty.H learned counsel on record for
the appellant and Ms.Manjula N Tejaswi learned counsel
for respondent No.2 submits that there was negotiation
between both the Parties and Respondent No.2 agreed to
pay an additional sum of Rs.75,000/- globally including
interest and the appellant agreed to receive the same and
therefore, the appeal may be disposed of accordingly.
3. Having considered the submission thus made
and upon going through the impugned order, this Court is
NC: 2025:KHC:38025
HC-KAR
of the view that the appeal can be disposed of in the light
of the submission made by both the learned counsel in
respect of the settlement arrived at. Therefore, the appeal
is disposed of with the following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is granted by the Motor
Accident Claims Tribunal, Udupi through orders
in MVC No.1244/2023 dated 26.06.2024 is
enhanced by Rs.75,000/-.
(iii) Respondent No.2 is directed to deposit the
enhanced sum within a period of eight weeks
from the date of receipt of certified copy of this
judgment.
(iv) On such deposit, the appellant is permitted to
withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
DS
CT:TSM
