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2025 DAILYLAW 17796 (KAR)

SMT DIVYA N v. SRI MAHESH S N

MFA/3642/2018 · 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. 3642/2018 (MV) (Lok Adalat No. 115/2025) BETWEEN: 1. Smt. Divya N. W/o Late C.E. Shantha Kumar, Aged about 33 years. 2. Manya S. D/o Late C.E. Shantha Kumar, Aged about 12 years. 3. Ameeth S. S/o Late C.E. Shantha Kumar, Aged about 09 years. 4. Rathnamma. W/o Late Eshwarachar, Aged about 62 years. Appellant Nos.2 and 3 are minor Children of the deceased and Represented by Natural Guardian and 2 Mother Appellant No.1. Appellant No.1 is the wife And appellant Nos.2 and 3 are Minor children, No.4 is the Old aged mother of deceased C.E. Shantha Kumar S/o Late Eshwarachar, All the appellants are Permanently residents of HKV Nagar, 3rd Stage, Chennegowdanadoddi, Maddur Town, Maddur Taluk, Mandya District.. ...APPELLANTS (By Sri. D.T. Chethan, Advocate) AND: 1. Sri. Mahesh S.N. S/o A. Nagaraju, Major, Owner of Maruthi Swift Car bearing No.KA-50/4890, R/o No.108, Sonnappanahalli, Bengaluru North Taluk, Bengaluru – 562 157. 2. The Branch Manager, Reliance General Insurance Co. Ltd., L-36/D, 1st Floor, Mysore Trade Centre, Opposite KSRTC Bus Stand, Mysuru, Nilgiri Road, Mysuru – 570 001. …RESPONDENTS (By Sri. Lakshminarayan C., Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.09.2017 PASSED IN MVC NO. 1612/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MADDUR, PARTLY ALLOWING 3 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. 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. 5,50,000/- (Rupees Five Lakhs Fifty Thousand 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 4 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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and 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 the Award accordingly. Sd/- JUDGE Sd/- MEMBER Rbv