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2025 DAILYLAW 31846 (KAR)

SMT YASHODHAMMA v. RICHARD D SOUZA

MFA/5551/2024 · 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.5551/2024 (MV) (Lok Adalat No.344/2025) BETWEEN: SMT. YASHODHAMMA W/O JAYARAMAIAH, AGED ABOUT 44 YEARS, R/AT 3RD BLOCK, I D HALLI, GRA PAM, I.D. HALLI HOBLI, MADHUGIRI TALUK, ITAKADIBBANAHALLI YELKUR, TUMKUR, KARNATAKA-572 124. ...APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: 1 . RICHARD D SOUZA S/O SAL VODAR D SOUZA MAJOR, R/AT NO.44, 6TH CROSS, JAI MARUTHI NAGAR, NANDHINI LAYOUT, BENGALURU-560 096. (OWNER OF THE MOTORCYCLE BEARING REG. KA-04-JD-0661). 2 2 . THE MANAGER, ORIENTAL INSURANCE CO., LTD. 1001/56, JAYALAKSHMI MANSION, 2ND FLOOR, DR.RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU- 560 010. (POLICY NO. 421500/2022/2285 VALID FROM 27/02/2022 TO 26/02/2023) …RESPONDENTS (BY SRI. JANARDHANA REDDY, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 14.06.2024 PASSED IN MVC NO.815/2023 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-15, BENGALURU, 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.1,80,000/- (Rupees One Lakh Eighty 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