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2025 DAILYLAW 14130 (KAR)

GIRIJAMMA v. MANJUNATHA G N

MFA/534/2025 · 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. 534 OF 2025 (MV) (Lok Adalat No. 413/2025) BETWEEN 1. Girijamma, W/o Late Manjupoojari, Aged about 53 years, 2. Anilkumar M., S/o Late Manjupoojari, Aged about 32 years, 3. Asha M., D/o Manjupoojari, Aged about 30 years, All are residing at Koduru, Main Road, Koduru Post, Hosanagara Taluk, Shivamogga District. ...Appellants (By Sri Naik Krishna Venkatraman, Advocate) AND 1. Manjunatha G.N., S/o G.B.Nageshappa, Aged about 42 years, - 2 - R/at Baruve School Road, Ripponpete, Hosanagara Taluk, Shivamogga District, Driver of Mahindra Bolero Pickup Vehicle bearing Reg. No.KA-17/B-9793. 2. Gurumurthy S/o Narayana Poojari, Aged about 40 years, R/at Haliyuru, Gavaturu Village, Hosanagara Taluk, Shivamogga District Owner of Mahindra Bolero Pickup Vehicle bearing Reg.No.KA-17/B-9793 3. The Manager, Bajaj Allianz General Insurance Company Limited, M.G.Palace Road, Karnataka Bank, Gopi Circle, Shivamogga, Policy No. OG-17-1529-1803-00000582 valid from 02/12/2016 up to 01/12/2017. …Respondents (By Sri P.S.Jagadish, Advocate for R3) This MFA filed u/s 173(1) of MV Act against the judgment and award dated 07.03.2023 passed in MVC No.567/2018 on the file of the Senior Civil Judge and Additional MACT, Hosanagara, 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 - 3 - for the third 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 authorized by the appellants/claimants to sign) and the learned advocate appearing for the third respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the third respondent- insurance company has agreed to pay a lump-sum of Rs.75,000/- (Rupees Seventy Five Thousand), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The third 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 - 4 - amount shall carry interest at the rate of 9% P.A. from the date of default, till the date of deposit. 4. The entire enhanced compensation shall be released in favour of the appellants/claimants on proper identification in terms of the apportionment made 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