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2025 DAILYLAW 23853 (KAR)

SMT KAMALA H v. SHIVASHANKARA K N

MFA/3156/2024 · 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. 3156/2024 (MV) (Lok Adalat No.391/2025) BETWEEN: SMT KAMALA H., W/O RAJANNA G N., AGED ABOUT 32 YEARS, R/O GIREGOWDANAHALLI VILLAGE, PURAVAR HOBLI, MADHUGIRI TALUK. ...APPELLANT (BY SRI. SATHISHA. T., ADVOCATE) AND: 1 . SHIVASHANKARA K N., S/O NARASIMHAIAH, AGED ABOUT 36 YEARS, R/O KAMSANAHALLI VILLAGE, KODIGENAHALLI HOBLI, MADHUGIRI TALUK. 2 . THE MANAGER NATIONAL INSURANCE COMPANY LTD., KASTURI MANSION, M G ROAD, 2 ABOVE CORPORATION BANK, BEHIND KRISHNA TALKIES, TUMAKURU-572101 NOW REPRESENTED BY: THE REGIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., REGIONAL OFFICE, NO.144, 2ND FLOOR, SUBHARAM COMPLEX, M G ROAD, BENGALURU-560001. …RESPONDENTS (BY SRI. JANARDHANA REDDY, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 19.11.2022 PASSED IN MVC NO.250/2018 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MADHURIGI, 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 Appellant - Claimant is present. The learned Counsel appearing for Respondent – Insurance Company along with its representative is present. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellant- claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.1,15,000/- (Rupees One Lakh Fifteen Thousand only), in 3 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. The entire enhanced compensation amount shall be released in favour of the appellant / claimant, on proper identification. 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