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2026 DAILYLAW 39200 (KAR)

THE MANAGER v. NARASAMMA

MFA/1951/2026 · 2026-09-09

Shivashankar Amarannavar

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010578172026 NC: 2026:KHC:48906 MFA No. 6166 of 2026 C/W MFA No. 1951 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 6166 OF 2026 (MV-D) C/W MISCELLANEOUS FIRST APPEAL No. 1951 OF 2026 (MV-D) IN MFA No. 6166/2026 BETWEEN: 1. NARASAMMA W/O LATE VENKATESHAPPA AGED ABOUT 59 YEARS 2. SMT. LAKHAMMA W/O LATE VENKATESHAPPA AGED ABOUT 45 YEARS. 3. SRI. NARAYANASWAMI S/O LATE VENKATESHAPPA AGED ABOUT 39 YEARS. 4. SRI. NARASIMHAN S/O LATE VENKATESHAPPA AGED ABOUT 28 YEARS. 5. SMT. PRABHA V. W/O SRI. PRABHAKAR D/O LATE VENKATESHAPPA AGED ABOUT 26 YEARS. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010578172026 NC: 2026:KHC:48906 MFA No. 6166 of 2026 C/W MFA No. 1951 of 2026 6. MR. LAKSHMIPATHI V S/O LATE VENKATESHAPPA AGED ABOUT 25 YEARS ALL ARE R/AT HAROHALLI (V) (P) VIJAYAPURA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT. …APPELLANTS (BY SRI NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: 1. SRI SHIVAKUKMAR S/O SRI RAJANNA MAJOR, R/O HAROHALLI (V) (P) VIJAYAPURA HOBLI S/O SRI. RAJANNA DEVANAHALLI TALUK BANGALORE RURAL DIST- 562 135. (OWNER OF TRACTOR No.KA-51-T-7234 AND TRAILOR No.KA-51-T-7235) 2. THE MANAGER SRIRAM GEN. INS. CO. LTD, No.3/5, 3RD FLOOR S.V.ARCADE, BILEKAHALLI MAIN ROAD BANNERGHATTA ROAD IIM B POST, BANGALORE - 560 076. …RESPONDENTS (BY SRI B PRADEEP, ADVOCATE FOR R2 VK NOT FILED V/O DTD. 31.08.2026, NOTICE TO R1 IS D/W) - 3 - HC-KAR CNR: KAHC010578172026 NC: 2026:KHC:48906 MFA No. 6166 of 2026 C/W MFA No. 1951 of 2026 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:26-06-2025 PASSED IN MVC No.8038/2023 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, BENGALURU PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA No. 1951/2026 BETWEEN: THE MANAGER SHRIRAM GENERAL INSURANCE CO. LTD., No.3/5A, S.V. ARCADE, 3RD FLOOR BILEKAHALLI ROAD, I.I,M.B. POST OPP. BANNERGHATTA ROAD BENGALURU-560 076. ...APPELLANT (BY SRI B. PRADEEP, ADVOCATE) AND: 1. NARASAMMA W/O LATE VENKATESHAPPA AGED ABOUT 59 YEARS. 2. SMT. LAKHAMMA W/O LATE VENKATESHAPPA AGED ABOUT 45 YEARS. 3. SRI NARAYANASWAMI S/O LATE VENKATESHAPPA AGED ABOUT 39 YEARS. 4. SRI NARASIMHAN S/O LATE VENKATESHAPPA AGED ABOUT 28 YEARS. - 4 - HC-KAR CNR: KAHC010578172026 NC: 2026:KHC:48906 MFA No. 6166 of 2026 C/W MFA No. 1951 of 2026 5. SMT. PRABHA V. W/O SRI. PRABHAKAR D/O LATE VENKATESHAPPA AGED ABOUT 26 YEARS. 6. MR. LAKSHMIPATHI V S/O LATE VENKATESHAPPA AGED ABOUT 25 YEARS ALL ARE R/AT HAROHALLI (V) (P) VIJAYAPURA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT. 7. SRI SHIVAKUMAR R S/O SRI RAJANNA R/O HAROHALLI (V) (P) VIJAYAPURA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT – 562 135. ...RESPONDENTS (BY SRI NAIK KRISHNA VENKATARAMAN, ADVOCATE FOR R1 TO R6. V.K NOT FILED V/O DTD. 16.3.2026, NOTICE TO R7 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:26.06.2025 PASSED IN MVC No.8038/2023 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE AND MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-25), AWARDING COMPENSATION OF Rs.17,25,600/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 5 - HC-KAR CNR: KAHC010578172026 NC: 2026:KHC:48906 MFA No. 6166 of 2026 C/W MFA No. 1951 of 2026 ORAL JUDGMENT A joint memo is filed and it is signed by learned counsel for appellants and learned counsel for respondent No.2. 2. The joint memo reads as under: “The MFA filed against the Judgment and Award in M.V.C.8038/2023 on the File of the MACT, BENGALURU. The Respondent/s Claimant/s has/have agreed to receive and Appellant SHRIRAM GENERAL INSURANCE CO. LTD., has agreed to pay a lump Rs.17,50,000/- (Rupees Seventeen Lakhs Fifty Thousand Only) as against MACT award amount Rs.17,25,600/-, in full and final settlement of the claim. The Appellant - SHRIRAM GENERAL INSURANCE CO. LTD., has agreed to deposit the said amount, before the Tribunal, within six weeks from the date of preparation of award failing which the said amount shall carry interest at 9% p.a. from the date of default, till the date of deposit. The parties are not entitled for any cost. The amount if any deposited before this court shall be transferred to the claims tribunal. The amount in excess if any, shall be refunded to the Claimants/Respondents. In view of - 6 - HC-KAR CNR: KAHC010578172026 NC: 2026:KHC:48906 MFA No. 6166 of 2026 C/W MFA No. 1951 of 2026 the settlement arrived at between the parties in MFA No.1951/2026, Insurance Company appeal in MFA No. 6166/2026, is hereby disposed of.” 3. In view of terms of joint memo, both matters are disposed of. Draw award in terms of joint memo. 4. The amount in deposit is ordered to be transmitted to the Tribunal. 5. The entire settled amount shall be released to the claimants in the ratio of 20: 20: 15: 15: 15:15. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 38 Ct.sm