- 1 - NC: 2025:KHC:2186 MFA No. 3615 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.3615 OF 2024(MV-D) BETWEEN: 1. SMT.LAKSHMAMMA, W/O VENKATESH, AGED ABOUT 52 YEARS. 2. SRI VENKATESH, S/O LATE MANCHAIAH, AGED ABOUT 64 YEARS. 3. SMT.ROOPASHREE V., D/O VENKATESH, AGED ABOUT 29 YEARS. ALL ARE RESIDING AT NO.119, 4TH CROSS, NEAR PRERANA MOTORS, NELAGADARAHALLI, NAGASANDRA POST, NORTH BANGALORE, BANGALORE. PERMANENT ADDRESS CHAKKALURU VILLAGE, MALURU HOBLI, CHANNAPATANA TALUK, RAMANAGARA DISTRICT. …APPELLANTS (BY SRI GOPAL KRISHNA N., ADVOCATE AND SMT. SUSHMITHA G., ADVOCATE) AND: 1. RAMESH TEMPO SERVICE, NO.20/18, 8TH CROSS, BANDAPPA ROAD, YASHWANTHPURA, BANGALORE - 560 022, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2186 MFA No. 3615 of 2024 REP: BY ITS PROPRIETOR. 2. ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD., NO.30th PHASE, G.N.R.CITY CENTRE, RAJARAM MOHAN ROY ROAD, SAMPANGIRAMNAGAR, BANGALORE 560 027, REP: BY ITS MANAGER. …RESPONDENTS (BY SRI RAVI S.SAMPRATHI, ADVOCATE FOR R2; VIDE ORDER DATED 14.10.2024, NOTICE TO R1 IS DISPENSED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 27.03.2024 PASSED IN MVC NO.544/2019 BY THE SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT, CHANNAPATNA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is preferred by the appellants-claimants, who are the legal representatives and dependents of deceased Shashank M. challenging the judgment and award dated 27.03.2024 passed in MVC.No.544/2019 by the Court of the Senior Civil Judge and JMFC, Additional MACT, Channapatna (for short ‘the tribunal’). The appeal - 3 - NC: 2025:KHC:2186 MFA No. 3615 of 2024 is preferred 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. Brief facts of the case are as under: The claimants are the legal representatives/ dependents of one Shashank M., who was a rider along with his friend Sri Santhosh, who was the pillion rider of the motorcycle bearing registration No.KA-42-Y-3389, which met with an accident leading to the death of the rider-Shashank M. Hence, the claimants, who are the legal representatives of the deceased filed a claim petition seeking compensation. 3.1 On the basis of material evidence, both oral and documentary and on hearing the submissions of learned counsels for both parties, the tribunal awarded global compensation of Rs.19,79,400/- along with interest @ 6% - 4 - NC: 2025:KHC:2186 MFA No. 3615 of 2024 p.a. and the liability is fixed on respondent No.2-Insurancr Company. 4. Learned counsel for appellants-claimants and learned counsel for respondent-Insurance Company have filed a joint memo. It is agreed by the respondent No.2- Insurance Company to pay an additional amount of ₹3,20,000/- over and above the award passed by the tribunal. Learned counsel representing the appellants- claimants is in agreement with the same. Both learned counsels have affixed their signatures to the joint memo, which is filed before the Court today. Respondent No.2- Insurance Company has agreed to deposit the said enhanced amount of ₹3,20,000/- within a period of six weeks from the date of this judgment. 5. In view of the appellants-claimants and the respondent-Insurance Company having agreed to settle the matter for an enhanced compensation amount of ₹3,20,000/- over and above the award passed by the - 5 - NC: 2025:KHC:2186 MFA No. 3615 of 2024 tribunal, this Court need not go into the details of the matter. 6. Accordingly, I pass the following: ORDER i) The appeal is disposed off; ii) The judgment and award passed by the tribunal is modified, in view of the joint memo filed by the appellants and the respondent. iii) The appellants-claimants are entitled to total compensation of Rs.22,99,400/- (Rs.19,79,400/- + Rs.3,20,000/-). iv) In view of respondent No.2-Insurance Company having deposited the award amount, an enhanced compensation amount of ₹3,20,000/- would have to be deposited within a period of six weeks from the date of receipt of a copy of this judgment; v) The said amount shall be apportioned in the manner stipulated by the tribunal in its - 6 - NC: 2025:KHC:2186 MFA No. 3615 of 2024 impugned order and the entire amount shall be released in favour of the appellants- claimants. vi) Ordered accordingly . Sd/- (PRADEEP SINGH YERUR) JUDGE CPN CT:SNN