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2025 DAILYLAW 13389 (KAR)

BHAGYA SHREE v. SRI. ANJINA MURTHY

MFA/91/2024 · 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 08TH DAY OF MARCH 2025 CONCILIATORS PRESENT: THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA & SRI. VIJAYAKUMAR. MAJAGE, MEMBER M.F.A.No. 91/2024 (MV) (Lok Adalat No.797/2025) BETWEEN: 1. BHAGYA SHREE W/O LATE, SHIVARAJU NOW AGED ABOUT 24 YEARS, 2. HARISHREE .S S/O LATE SHIVARAJU, NOW AGED ABOUT 2 YEARS, 3. SMT. DEVIRAMMA, W/O LATE NANDEESHAPPA NOW AGED ABOUT 72 YEARS ALL ARE RESIDING AT SUNNAGHATTA VILLAGE, ALURDUDDANAHALLI, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE-562 110. NOTE: THE APPELLANT NO.2 IS SINCE MINOR REP. BY HE N/G MOTHER i.e., BHAGYA SHREE. ... APPELLANTS 2 (BY SRI RANGEGOWDA N.R., ADVOCATE) AND: 1. SRI. ANJINA MURTHY S/O ERAHANUMAIAH, GORAGHATTA VILLAGE, HULIKUNTE POST, NELAMANGALA TALUK, BANGALORE-562 111. 2 . ICICI LOMBARD GENERAL INSURANCE CO. LTD., T.P. HUB 2ND FLOOR, SVR COMPLEX, HOSUR MAIN ROAD, MADIWALA, BANGALORE-560 068. REP. BY ITS LEGAL MANAGER. … RESPONDENTS (BY SRI B. PRADEEP, ADVOCATE FOR R-2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.06.2023 PASSED IN MVC NO. 1652/2021 ON THE FILE OF THE XIX ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU SCCH-17, 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 The learned Counsel appearing for the Appellants - Claimants is present. The learned Counsel appearing for the Respondent – 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 3 authorized by the appellants/claimants to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent -Insurance Company has agreed to pay a lump-sum of Rs.5,70,000/- (Rupees Five Lakhs Seventy Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The 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. Out of the enhanced compensation amount to be deposited by the Insurance Company, Rs.2,70,000/- is directed to be invested in Fixed Deposit in favour of the appellants – claimants in terms of the apportionment made by the claims Tribunal, in any Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years with liberty to the appellant/claimant to withdraw the interest periodically. The remaining amount of Rs.3,00,000/- is ordered to be released in favour of the appellants – claimants, in terms of the apportionment made by the claims Tribunal, on proper identification. 4 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 the Award accordingly. Sd/- JUDGE Sd/- MEMBER AT