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2025 DAILYLAW 13343 (KAR)

B O KALPANA v. ZIYAULLA

MFA/448/2024 · 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 T M NADAF & MR. PAVANA CHANDRA SHETTY H, MEMBER M.F.A.No.448/2024 (MV) (Lok Adalat No.378/2025) BETWEEN: 1 . B O KALPANA W/O K E DHANANJAYA AGED ABOUT 49 YEARS 2 . ASHWINI SASALU RAKESH W/O RAKESH S R AGED 31 YEARS 3 . D MANJU S/O K E DHANANJAYA AGED ABOUT 29 YEARS 4 . TEJASWINI K D D/O K E DHANANJAYA AGED ABOUT 22 YEARS ALL ARE R/O P.W.D QUARTERS HOLALKERE TOWN HOLAKLERE TALUK – 577 526 …APPELLANTS (BY SRI. R SHASHIDHARA, ADVOCATE) 2 AND 1 . ZIYAULLA S/O ABDUL RAZAK SAB, AGED ABOUT 51 YEARS, R/O K R AUTO DIESEL WORKS, VEDANAGARA, 1ST WARD, B H ROAD, KADUR TOWN, CHIKKAMAGALURU DISTRICT - 577 548. OWNER OF VEHICLE BEARING NO.KA-18/B-7893 2 . THE DIVISIONAL MANAGER SRI RAM GENERAL INSURANCE CO. LTD., DIVISIONAL OFFICE, NO.5/4, 3RD FLOOR, S V ARCADE, BILKHLLI MAIN ROAD, OFF. B G ROAD, IIM POST, BENGALURU - 560 076. …RESPONDENTS (BY SRI. B.C.SHIVANNEGOWDA, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 03.05.2023 PASSED IN MVC NO.74/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, HOLALKERE, 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: 3 CONCILIATION ORDER The learned counsel appearing for the appellants - claimants is present. The learned counsel appearing for the respondent No.2 – Insurance Company along with its representative are present. 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 respondent No.2 – Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent No.2 – Insurance Company has agreed to pay a lump-sum of Rs.11,50,000/- (Rupees Eleven Lakhs Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The respondent No.2 – 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 4 said amount shall carry interest at the rate of 9% p.a. from the date of default, till the date of deposit. 4. On deposit, out of the enhanced compensation awarded in favour of appellants, 50% is awarded to the appellant No.1, 10% each is awarded to the appellant Nos.2 and 3 and 30% is awarded to the appellant No.4. 5. Out of the enhanced compensation amount to be deposited by the Insurance Company, 50% of enhanced compensation is directed to be invested in Fixed Deposit in the name of the appellant Nos.1 and 4/claimant Nos.1 and 4 in any Nationalized Bank/Scheduled Bank/Post Office for a period of 5 years with liberty to the appellant Nos.1 and 4/claimant Nos.1 and 4 to withdraw the interest periodically. The remaining 50% of the enhanced compensation is ordered to be released in favour of the appellant Nos.1 and 4/claimant Nos.1 and 4, on proper identification. The entire enhanced compensation amount shall be released in favour of the appellant Nos.2 and 3/claimant Nos.2 and 3, on proper identification. In the event of marriage of 5 appellant No.4 or for irrigation purpose, if further amount is required, the appellant No.4 is at liberty to move before the Tribunal with proper documents for release of the amount which shall be considered by the Tribunal as per documents and the need in terms of law. 6. 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 the Award accordingly. Sd/- JUDGE Sd/- MEMBER MH/-