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2025 DAILYLAW 26241 (KAR)

SMT RUKMINI v. SRI MANJU K S

MFA/3676/2024 · 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.3676/2024 (MV) (Lok Adalat No.445/2025) BETWEEN: SMT. RUKMINI, W/O. G. KEMPANNA, AGED ABOUT 42 YEARS, R/AT HORAKERE BEEDI, BANNUR TOWN, BANNUR, T. NARASIPURA TALUK. ...APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN., ADVOCATE) AND: 1 . SRI. MANJU K. S., S/O. M. SIDDALINGASWAMY, AGED ABOUT 27 YEARS, R/AT KODAGALI VILLAGE AND POST, BANNUR HOBLI, T. NARASIPURA TALUK. 2 . SRI. SIDDALINGASWAMY, S/O. LATE MARIYAPPA, AGED ABOUT 57 YEARS, 2 R/AT KODAGALI VILLAGE AND POST, BANNUR HOBLI, T. NARASIPURA TALUK, MYSURU DISTRICT. 3. THE MANAGER, ORIENTAL INSURANCE COMPANY LTD., NO. 38/1E, 2ND FLOOR, CHAMARAJA DOUBLE ROAD, MYSURU-570 004. (POLICY NO. 422406/31/2021/572 VALID FROM 19.05.2020 TO 18/05/2021) …RESPONDENTS (BY SRI. JANARDHANA REDDY, ADVOCATE FOR R3) MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED. 17.10.2023 PASSED IN MVC NO.116/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, T. NARASIPURA, 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. 3 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.4,00,000/- (Rupees Four Lakhs only), in 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. Out of the enhanced compensation amount to be deposited by the Insurance Company, Rs.1,00,000/- is directed to be invested in Fixed Deposit in the name of the appellant/claimant in any Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years with liberty to the appellant/claimant to withdraw the interest periodically. The remaining amount of Rs.3,00,000/- is ordered to be released in favour of the appellant – claimant, on proper identification. 4 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