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2025 DAILYLAW 18525 (KAR)

SMT. MOGANA @ MOHANA SHANKAR v. RELIANCE GENERAL INSURANCE CO. LTD.,

MFA/6895/2018 · 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 V KAMESWAR RAO & MR. SHANTHI BHUSHAN H, MEMBER M.F.A.No.6895/2018(MV) (Lok Adalat No.437/2023) BETWEEN 1 . SMT.MOGANA @ MOHANA SHANKAR, W/O LATE SHANKAR.D, AGED ABOUT 40 YEARS, 2. KUM.KEERTHY SHANKAR, D/O LATE SHANKAR.D, AGED ABOUT 16 YEARS, 3. KUM. JANNAVI SHANKAR, D/O LATE SHANKAR.D, AGED ABOUT 15 YEARS, 4. KUM. GIRIJA SHANKAR, D/O LATE SHANKAR.D, AGED ABOUT 13 YEARS, 2 5. SANJAY SHANKAR RAMYA, S/O LATE SHANKAR.D, AGED ABOUT 8 YEARS, APPELLANT NO.2 TO 5 ARE MINORS, REPRESENTED BY HIS MOTHER I.E., APPELLANT NO.1 ALL ARE R/AT NO.344, DODDAMMA TEMPLE, 1ST CROSS, MANORAYANAPALYA, R.T.NAGAR POST, SANJAYANAGAR, BANGALORE-560 091. ...APPELLANTS (BY SRI.PRAKASH.M.H, ADVOCATE) AND 1 . RELIANCE GENERAL INSURANCE CO. LTD., NO.28, 5TH FLOOR, EAST WING, CENTENARY BUILDING, M.G.ROAD, BANGALORE-560 001. BY ITS MANAGER 2. SYED MUNAWAR AHMED, S/O SYED MUNNER AHEMD, NO.24, 4TH MAIN ROAD, GANGANAGAR EXTENSION, R.T.NAGAR, BANGALORE-560 032. …RESPONDENTS (BY SMT.MALATHI.T.N, ADVOCATE FOR R1; SRI. N. KUMAR, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 03.05.2018 PASSED IN MVC NO.520/2017 ON THE FILE OF THE XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER OF MACT, BENGALURU, PARTLY 3 ALLWOING 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 We mark the presence of Sri. Kishor K, Senior Manager, (Legal-Claims), for the Respondent No.1-Reliance General Insurance Company Limited. 2. After prolonged negotiations, the matter is settled. A joint memo duly signed by the learned counsel for the appellants/claimants No.1 to 5 (being authorized by the appellant No.1/claimant No.1 to sign) and by the Authorized Officer of Respondent No.1, on behalf of Respondent No.1 and its advocate, is filed before the Lok-Adalath. 3. The appellants/claimants have agreed to receive and the respondent No.1/Insurance Company has agreed to pay a lump- sum of Rs.7,50,000/- (Rupees Seven Lakhs Fifty thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 4 4. Respondent No.1-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. 5. Out of enhanced compensation amount, an amount of 40% thereof i.e., Rs.3,00,000/- (Rupees Three Lakhs only) shall be released in favour of the appellant No.1-Mother/Natural Guardian, after proper identification by her counsel and upon she submitting proper documentation, as deem fit to the Tribunal. As the appellant Nos. 2 to 5 are minors, the rest of entire 60% of the amount shall be deposited in any Nationalized/Scheduled Bank as Fixed Deposit, in the ratio of 15% each under the guardianship of Appellant No.1, who is their Mother/Natural Guardian, till they attain the age of majority. Though we are aware of the orders of the Tribunal permitting to deposit the amount in the name of the minors till the age of 25 years, we are constrained to restrict the same, to the age of their majority. 5 6. Liberty is granted to Appellant No.1 (Mother/Natural Guardian of Minor Appellants No. 2 to 5) to withdraw the periodical interest amount on the entire 60% of the amount deposited in the Nationalised Bank, till they attain the age of majority. 7. It is clarified that the order of the Tribunal in respect of distribution of the compensation thereof has not been varied. 8. The 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 KGR*