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2026 DAILYLAW 365 (KAR)

SMT.ASHWINI VIJAY METRANI v. SRI SOEB NOOR MD. MARCHAND

MFA/8086/2013 · 2026-03-27

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17561 MFA No. 8086 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 8086 OF 2013 (MV-I) BETWEEN: 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 …APPELLANT (BY SRI. H L JAYARAMU, ADVOCATE) AND: 1. 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) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17561 MFA No. 8086 of 2013 2. M/S. TATA AIG GENERAL 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 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FO R2 (VK NOT FILED)) 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. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT 1. The above appeal is filed by the claimant seeking enhancement of the quantum of compensation. 2. Both the learned counsel appearing for the parties have filed a joint memo, which reads as under: "JOINT MEMO The Appellant and the respondent No.2 in the above case most humbly file the joint - 3 - HC-KAR NC: 2026:KHC:17561 MFA No. 8086 of 2013 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. Hence the memo. Sd/- Sd/- Advocate for Adv.for Appellant Respondent No.2 Bengaluru, 27.3.26" 3. 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. 4. The second respondent - insurer shall deposit the said compensation within six weeks. 5. The records be transmitted to the Tribunal forthwith. - 4 - HC-KAR NC: 2026:KHC:17561 MFA No. 8086 of 2013 6. The registry to draw the modified decree accordingly. 7. No costs. Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 20