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2025 DAILYLAW 31326 (KAR)

SMT. HANUMAKKA v. LAKSHMAIAH

MFA/6104/2023 · 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. 6104/2023 (MV) (Lok Adalat No. 774/2025) BETWEEN: 1. Smt. Hanumakka W/o Late Hanumaiah, Aged about 42 years. 2. Putta Hanumakka D/o Late Hanumaiah, Aged about 24 years. 3. Radhamma D/o Late Hanumaiah, Aged about 22 years. 4. Latha D/o Late Hanumaiah, Aged about 20 years. 5. Varamahalakshmi D/o Late Hanumaiah, Aged about 18 years. 2 6. Ramu S/o Late Hanumaiah, Aged about 15 years. Appellant No.6 is minor Rep by mother 1st appellant Smt. Hanumakka. All are R/o Bulasandra Village, Dodderi Hobli, Madhugiri Taluk, Tumakuru District. ...APPELLANTS (By Sri. Sathisha T., Advocate) AND: 1. Lakshmaiah S/o Bhimaiah, Aged about 43 years, R/o Chinga Village, Kora Hobli, Tumakuru Taluk & District-577 201. 2. The HDFC ERGO General Insurance Company Ltd., 2nd Floor, Building No.2, Shankaranarayana Building, M.G. Road, Bengaluru – 560 001. 3. Ramesh S/o Late Balaramaiah, Aged about 38 years, R/o M.H. Patna at Post, Gubbi Taluk, Tumakuru District – 572 216. 3 4. The Manager, Cholamandalam M.S. General Insurance Company Ltd., Regd. & Head Office, 2nd Floor, Dare House, 2 NSC Bose Road, Chennai – 600 001, Now Represented by: The Manager, Cholamandalam M.S. General Insurance Company Ltd., Unit No.4, 9th Floor, Level -06, 59th Cross, Golden Heights Complex, Rajajinagar, Bengaluru – 560 010. …RESPONDENTS (By Sri. H.S. Lingaraju, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.04.2023 PASSED IN MVC NO. 276/2020 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND MACT, MADHUGIRI, PARTLY ALLOWING 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. 4 CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants is present. The learned Counsel appearing for the 2nd 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 2nd respondent-Insurance Company and its authorized officer is filed. The appellants - claimants have agreed to receive and the 2nd respondent - Insurance Company has agreed to pay a lump-sum of Rs. 5,00,000/- (Rupees Five Lakhs 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 2nd 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. 5 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