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2026 DAILYLAW 40041 (KAR)

S RAJENDRA v. THE ROYAL SUNDARAM GENERAL INSURANCE CO LTD

MFA/5970/2026 · 2026-09-15

Shivashankar Amarannavar

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010551692026 NC: 2026:KHC:50016 MFA No. 5970 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5970 OF 2026 (MV-I) BETWEEN: S RAJENDRA S/O JAGANADHAM AGED ABOUT 30 YEARS RESIDING AT No. 14-8 SAKEVURU, KOLAMASANAPALLI PALAMANER, CHITTOR DISTRICT ANDRAPRADESH. …APPELLANT (BY SRI SREENIDHI P, ADVOCATE) AND: 1. THE ROYAL SUNDARAM GENERAL INSURANCE CO. LTD., No. 30, JNR CITY CNETRE RJAARAM MOHAN ROY ROAD OPPOSITE KANTEERAVA STADIUM SAMPANGIRAMANAGAR BANGALORE - 560 027. (POLICY No. VGC05845640001000 VALID FROM 02.11.2019 TO 01.11.2020) 2. SMT. P MALLIGA W/O PALANISAMY No.1/176 A, METUKADU, RAYALUR Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010551692026 NC: 2026:KHC:50016 MFA No. 5970 of 2026 CHINNAGOUNDANUR POST SANKARI TALUK, SALEM DISTRICT TAMIL NADU - 637 303. …RESPONDENTS (BY SRI B PRADEEP, ADVOCATE FOR R1 V/O DTD. 18.08.2026, NOTICE TO R2 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:28-07-2023 PASSED IN MVC No.4131/2020 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER PRL. MACT, BENGALURU 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. A joint memo is filed and it is singed by learned counsel for appellant and learned counsel for respondent. Joint memo reads as under: “JOINT MEMO FILED BY THE APPELLANT- CLAIMANT AND THE 1ST RESPONDENT INSURANCE COMPANY. - 3 - HC-KAR CNR: KAHC010551692026 NC: 2026:KHC:50016 MFA No. 5970 of 2026 The Appellant/claimant and Respondent No.1 Insurance Company most respectfully submits as follows: 1. The above matter is pending before this Hon'ble Court for consideration for enhancement of compensation. 2. During the pendency of the above proceedings, the parties have amicably discussed the matter and have arrived at a settlement with regard to the additional compensation payable to the appellant/claimant. 3. The 1st Respondent Insurance Company has agreed to a sum of Rs. 2,00,000/- (Rupees two lakhs only) as additional compensation payable to the appellants/claimant, in full and final settlement of the additional compensation payable in the above matter. 4. The appellant/claimant have agreed to receive the said amount of Rs. 2,00,000/- from the 1st Respondent Insurance Company towards additional compensation and not make any - 4 - HC-KAR CNR: KAHC010551692026 NC: 2026:KHC:50016 MFA No. 5970 of 2026 further claim against the 1st Respondent Insurance Company in respect of the said additional compensation. 5. The 1st Respondent-Insurance Company undertakes to deposit said amount of Rs. 2,00,000/- before Tribunal within such time as may be fixed by this Hon'ble court. 6. The parties pray that this Hon'ble Court may be pleased to record this Joint memo and pass appropriate orders/award in terms of the settlement stated above. Wherefore, the Appellant/Claimant and the 1st Respondent insurance company respectfully pray that this Hon'ble Court may be please to accept this Joint memo and pass orders in the above matter in terms of the settlement, in the interest of justice and equity.” 2. The appeal is disposed of in terms of the joint memo. - 5 - HC-KAR CNR: KAHC010551692026 NC: 2026:KHC:50016 MFA No. 5970 of 2026 3. Respondent No.1 - Insurance company is directed to deposit the amount settled within a period of 4 weeks from this day. 4. Draw award in terms of the joint memo. 5. Amount settled be released to the appellant. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 55 Ct.sm