Karnataka High Court

MFA/3686/2026 of THE REGIONAL MANAGER Vs SMT G J DHANALAKSHMI on 7 August 2026

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CNR: KAHC010357412026 NC: 2026:KHC:41725-DB MFA No. 3686 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 3686/2026 (MV-D) BETWEEN:

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7TH DAY OF AUGUST, 2026

PRESENT

THE HON'BLE MR. JUSTICE S.G.PANDIT

AND

THE HON'BLE DR. JUSTICE K.MANMADHA RAO

MISCELLANEOUS FIRST APPEAL NO. 3686/2026 (MV-D)

BETWEEN:

THE REGIONAL MANAGER

M/S UNITED INDIA INS. CO. LTD.,

COMPANY LTD., KRUSHI BHAVAN,

HUDSON CIRCLE, BENGALURU.

NOW REP. BY

UNITED INDIA INSURANCE COMPANY LTD.,

REGIONAL OFFICE, 5TH AND 6TH FLOORS,

KRISHIBHAVAN, HUDSON CIRCLE,

NRUPATHUNGA ROAD, BANGALORE-560 001.

…APPELLANT

(BY SRI. A N KRISHNA SWAMY.,ADVOCATE)

AND:

1.

SMT. G J DHANALAKSHMI

W/O LATE SOMU.V.,

AGED ABOUT 42 YEARS.

2.

SRI.SUDARSHAN,

W/O LATE SOMU.V.,

AGED ABOUT 19 YEARS.

BOTH ARE R/AT NO.162,

DRDO TOWNSHIP, C V RAMAN NAGAR,

BENGALURU – 560 093.

3.

SRI. M. GANESH,

S/O LATE JAYARMAPPA. M.,

AGED ABOUT 25 YEARS,

Digitally signed

by G

SHREERAKSHA

Location: HIGH

COURT OF

KARNATAKA

HC-KAR

RESIDING AT NO.2/32, THOTAKAKANUMA

VENKATAGIRI KOTA, VENKATANUMA,

CHITTOOR DISTRICT – 517 415.

ANDHRA PRADESH.

…RESPONDENTS

(BY SRI. VENKATE GOWDA K.,ADVOCATE FOR R1 & R2; NOTICE TO R3 IS D/W)

THIS MFA FILED U/S. 173(1) OF MV ACT, AGAINST THE

JUDGMENT AND AWARD DT. 03/02/2026 PASSED IN MVC NO.

7856/2024 ON THE FILE OF MOTOR VEHICLES ACCIDENT

CLAIMS TRIBUNAL , BENGALURU CITY (SCCH-4 ), PARTLY

ALLOWING COMPENSATION OF RS.36,04,374/- WITH

INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION

TILL REALIZATION.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT

and

HON'BLE DR. JUSTICE K.MANMADHA RAO

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ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

Heard learned counsel Sri.A N Krishnaswamy for the appellant - Insurance Company as well as learned counsel Sri.Venkate Gowda K for respondent Nos.1 and 2. Notice was dispensed with to respondent No.3 vide order dated 12.06.2026.

2. The above appeal is by the Insurance Company questioning the correctness and legality of Judgment and

HC-KAR

Award dated 03.02.2026 in MVC No.7856/2024 on the file of the MACT, Bengaluru City whereunder the respondents - claimants' petition was allowed and a sum of Rs.36,04,374/- is awarded along with 6% interest per annum on the following heads as compensation for the accidental death of one Sri.Danush .S s/o respondent No.1: Sl. No. Description Amount RS.

Loss of dependency with future prospects 24,94,800/-

Transportation of dead body 16,500/-

Funeral Expenses 16,500/-

Loss of Estate 16,500/-

Loss of Love and Affection 27,500/-

Loss of Consortium 88,000/-

Medical Expenses 9,44,574/-

Total 36,04,374

3. Today, learned counsels appearing for the parties Sri.A N Krishnaswamy and learned counsel

HC-KAR

Sri.Venkate Gowda have filed joint memo, which reads as follows: "The Appellant and Claimant Nos.1 and 2 have reached settlement out of court in respect of compensation payable to respondent Nos.1 and 2 and beg to submit the same for kind perusal of this Hon'ble Court.

The Respondent Nos.1 and 2 have agreed to receive a total compensation of Rs.32,00,000/- inclusive of interest and costs.

The Appellant has deposited a sum of Rs.25,000/- before this Hon'ble Court including the said deposit balance amount shall be deposited before MACT by insurer within 04 weeks from this day.

The Statutory amount deposited may please be transferred to MAСТ.

The parties pray this Hon'ble Court to record the compromise and dispose off the appeal in terms of the joint memo in the interest of justice and equity".

4. Respondent Nos.1 and 2 - claimants have agreed to settle the dispute by receiving a sum of Rs.32,00,000/- as compensation as against Rs.36,04,374/- awarded by the Tribunal with 6% interest per annum.

HC-KAR

5. Learned counsel appearing for the parties would pray for allowing the appeal in terms of the joint memo and to modify the award impugned herein.

6. The joint memo filed by the learned counsel for the parties is placed on record. The appeal stands disposed of in terms of the joint memo.

7. The appellant is directed to deposit the balance award amount of Rs.31,75,000/- before the Tribunal within four weeks from today. An amount of Rs.25,000/- statutory deposit, which was deposited before this Court shall be transmitted to the Tribunal forthwith.

Sd/- (S.G.PANDIT) JUDGE

Sd/- (DR.K.MANMADHA RAO) JUDGE

GSR List No.: 1 Sl No.: 4

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