- 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 AGED ABOUT 10 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 4. SAVITHRAMMA W/O LATE DASEGOWDA AGED ABOUT 67 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 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: - 3 - 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, - 4 - NC: 2025:KHC:10530 MFA No. 3979 of 2023 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 - 5 - NC: 2025:KHC:10530 MFA No. 3979 of 2023 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: O R D E R 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 - 6 - NC: 2025:KHC:10530 MFA No. 3979 of 2023 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 List No.: 1 Sl No.: 55