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2025 DAILYLAW 13301 (KAR)

SMT CHAITRA H v. MR SHAIK JAVEED

MFA/227/2024 · 2025-03-08

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR & SRI M.N.UMASHANKAR, MEMBER M.F.A.NO. 227 OF 2024 (MV) (Lok Adalat No. 3575/2024) BETWEEN 1. Smt. Chaitra H., W/o Late Chikkanna, Aged about 30 years, 2. Kumari. Kruthika J.C., D/o Late Chikkanna, Aged about 10 years, 3. Smt. Ningamma, W/o Lingappa, Aged about 71 years, The Appellant No.2 is minor Represented by Mother as a Natural Guardian Smt. Chaitra H., W/o Late Chikkanna, Aged about 30 years, All are Residing at Kootgal (HO), Jalamangala (PO), Jalamangala Ramanagar District-562159. ...Appellants (By Sri Chandrashekaraiah B., Advocate) - 2 - AND 1. Mr. Shaik Javeed, S/o B.Shaik Hyder, Major (Age of R1 not known to the appellants) Bavasa Road, Mandi Road, Channapatna Town, Ramanagar District-562160. 2. Manager The HDFC ERGO General Insurance Company Limited, HM Geneva House, Unit No.14, 108, 109, 110 & 111, 1st Floor, Cunningham Road, Bengaluru-560052. …Respondents (By Sri B.Pradeep, Advocate for R2) This MFA filed u/s 173(1) of MV Act against the judgment and award dated 06.10.2023 passed in MVC No.4033/2022 on the file of the IX Additional Small Causes Judge, Court of Small Causes, Member, MACT-7, Bengaluru (SCCH-7), partly allowing the claim petition for compensation and seeking enhancement of compensation. This Appeal coming on for conciliation before National Lok Adalat, the following conciliation order is passed. CONCILIATION ORDER Learned counsel appearing for the appellants- claimants is present. Learned counsel appearing for the second respondent–insurance company along with its representative are present. - 3 - 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants/claimants (being authorized by the appellants/claimants to sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the second respondent- insurance company has agreed to pay a lump-sum of Rs.4,70,000/- (Rupees Four Lakhs Seventy Thousand), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The second respondent-insurance company 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 the rate of 9% P.A. from the date of default, till the date of deposit. - 4 - 4. The apportionment, release and deposit of the enhanced compensation amount shall be in terms of the award passed by the Claims Tribunal. 5. This Miscellaneous First Appeal stands disposed of in terms of the joint memo. The judgment and award of the Tribunal shall stand modified accordingly. Draw up award accordingly. Sd/- JUDGE Sd/- MEMBER CKL CT: BL