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2025 DAILYLAW 16832 (KAR)

RAJVANATA v. KALAVATHI

MFA/1077/2025 · 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 RAJESH RAI K. AND SRI. X.M. JOSEPH, MEMBER M.F.A.No. 1077/2025 (MV) (Lok Adalat No. 565/2025) BETWEEN: 1. Rajvanta W/o Badal, Aged about 47 years. 2. Badal S/o Late Chedi, Aged about 51 years. 3. Shivakumar S/o Badal, Aged about 23 years. All are presently now R/at Industrial Area, Vasanthanarasapura, Tumakuru Tq. & Dist-577 101. ...APPELLANTS (By Sri. M.B. Ryakha, Advocate) AND: 1. Kalavathi W/o Late Ramakrishnaiah, Aged about 43 years, R/at Thippapura Tanda, 2 Thippapura Post, Madhugiri Taluk-572 132, Tumakuru District-577 101. 2. The Manager, United India Insurance Co. Ltd., Issue Office at Raghavendra Complex, Tiptur – 572 201. Service address: The Manager, United India Insurance Co. Ltd., B.H. Road, Tumkur-577 101. 3. Jayaram S/o Siddappa, Aged about 47 years, R/o Sidudragal Village, At Post, Dodderi Hobli, Madhugiri Taluk-572 132, Tumakuru District-577 101. …RESPONDENTS (By Sri. S. Krishna Kishore, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.03.2022 PASSED IN MVC NO. 451/2019 ON THE FILE OF THE VI ADDL. DISTRICT AND SESSIONS JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE 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 – Insurance Company along with its representative are present. 2. After prolonged negotiations, the matter is settled amicably. 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-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. 5,00,000/- (Rupees Five Lakhs only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. Hence, the Joint Memo is accepted. 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. The Learned Counsel for the appellants / claimants pleaded that there is a serious financial stress to the family of the deceased and prays for release of 4 the compensation amount. Therefore, it is ordered that out of enhanced compensation of Rs.5,00,000/-, a sum of Rs.3,00,000/- shall be released in favour of the appellants / claimants, on proper identification in terms of the apportionment made by the Claims Tribunal. The remaining compensation of Rs.2,00,000/- shall be kept in fixed deposit in their names in terms of the apportionment made by the Claims Tribunal, in any Nationalized / Scheduled Bank for a period of three years with liberty to withdraw the accrued interest periodically. 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 Rbv