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2025 DAILYLAW 23864 (KAR)

THE MANAGER v. YELLEGOWDA. K. P.

MFA/2618/2024 · 2025-03-08

Lok Adalath

body2025

Judgment text

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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.2618/2024 (MV) (Lok Adalat No.539/2025) C/w M.F.A.No.1749/2024 (MV) (Lok Adalat No. 218/2025) IN M.F.A. NO. 2618/2024: BETWEEN: THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, BALAJI TOWERS, 1ST FLOOR, ASHOKA NAGAR, B H ROAD, TUMAKURU CITY - 572101. ALSO AT RELIANCE GENERAL INSURANCE COMPANY LIMITED, NO 28, 5TH FLOOR, SOUTHERN PORTION, EAST WING, CENTENARY BUILDING, M G ROAD, BENGALURU - 560001 REPRESENTED BY ITS MANAGER LEGAL ...APPELLANT (BY SRI. ASHOK N PATIL., ADVOCATE) 2 AND: 1 . YELLEGOWDA. K. P. S/O LATE PATHAIAH, AGED ABOUT 49 YEARS 2 . VENKATESH S/O YELLEGOWDA, AGED ABOUT 28 YEARS. 3. RAVIKUMAR K Y., S/O YELLEGOWDA, AGED ABOUT 26 YEARS. ALL ARE PERMANENT RESIDENTS OF KALLIPALYA VILLAGE, ADAGUR POST, GUBBI TALUK - 572216. NOW RESIDING AT MALLASANDRA VILLAGE, KASABA HOBLI, TUMAKURU TALUK - 572107. 4. SRI DASTAGIRIKHAN S/O LATE MADAR KHAN, AGED ABOUT 52 YEARS RESIDING AT NO 14TH CROSS, P H COLONY, TUMAKURU CITY - 572 101. …RESPONDENTS (BY SRI. SATHISHA T, ADVOCATE) MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED. 18.11.2023 PASSED IN MVC NO.1125/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, TUMAKURU, AWARDING COMPENSATION OF RS.17,04,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL RELIZATION. 3 IN M.F.A. NO.1749/2024: BETWEEN: 1 . YELLEGOWDA. K. P. S/O LATE PATHAIAH, AGED ABOUT 50 YEARS 2 . VENKATESH, S/O YELLEGOWDA, AGED ABOUT 29 YEARS. 3. RAVIKUMAR K Y., S/O YELLEGOWDA, AGED ABOUT 27 YEARS. ALL ARE PERMANENT RESIDENTS OF KALLIPALYA VILLAGE, ADAGUR POST , GUBBI TALUK. NOW RESIDING AT MALLASANDRA VILLAGE, KASABA HOBLI, TUMAKURU TALUK. ...APPELLANTS (BY SRI. SATHISHA T, ADVOCATE) 1. SRI DASTAGIRIKHAN, S/O. LATE MADAR KHAN, AGED ABOUT 53 YEARS RESIDING AT NO 14TH CROSS, P H COLONY, TUMAKURU CITY. 2. THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, BALAJI TOWERS, 1ST FLOOR, ASHOKA NAGAR, B H ROAD, TUMAKURU CITY. 4 NOW REPRESENTED BY: THE RELIANCE GENERAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE, 5TH FLOOR, EAST WING, NO.28, CENTENARY BUILDING, M.G. ROAD, BANGALURU- 560001. …RESPONDENTS (BY SRI. ASHOK N PATIL., ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED. 18.11.2023 PASSED IN MVC NO.1125/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned counsel appearing for the respondents- claimants are present. The learned counsel appearing for the appellant– 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 respondents/claimants (being authorized by the respondents/claimants to sign) and the learned advocate appearing for the appellant-Insurance Company and its authorized officer is filed. The respondents-claimants have agreed to receive and the appellant-Insurance Company has agreed to pay a lump-sum of Rs. 24,00,000/- (Rupees Twenty Four Lakhs only), in full and final settlement of the claim. 5 3. The appellant- 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. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. 4. The apportionment, deposit and release of the modified compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 5. MFA No.2618/2024 stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in MFA No.2618/2024, the connected MFA No.1749/2024 filed by the claimants is hereby disposed of. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER AT