SMT PABANTHI MADAI v. UNITED INDIA INSURANCE CO.LTD
MFA/9744/2018 · 2025-03-08
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32619 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32619 (KAR) · dailylaw.ai ]
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. 9744/2018 (MV) (Lok Adalat No. 396/2025) BETWEEN:
1. Smt. Pabanthi Madai, @ Parvathi Devi Madai, Aged about 45 years, W/o Late Shovi @ Shovi Madai @ Shobi Ram @ Premdas. 2. Kumari. Sharadha Kumrai D/o Late Shovi @ Shovi Madai @ Shobi Ram, Aged about 23 years. 3. Sri. Tularam Madai S/o Late Shovi @ Shovi Madai @ Shobi Ram, Aged about 21 years. 4. Kumari. Bhavana Madai D/o Late Shovi @ Shovi Madai @ Shobi Ram, Aged about 21 years. 2
5. Master Ganesh Madai S/o Late Shovi @ Shovi Madai @ Shobi Ram, Aged about 10 years. All are residing at No.7, Alital Village, Dadeldhura Dist., Nepal. (Since appellant Nos.4 & 5 are minors They are Rep. by their Mother Smt. Pabanthi Madai, the 1st Appellant herein). ...APPELLANTS
(By Sri. Supreeth B.P., Advocate) AND:
1. United India Insurance Co. Ltd., Krishi Bhavan, Next to Magistrate Court, Nrupathunga Road, Bengaluru – 560 001, Rep. by its Manager. 2. Sri. Vinod Kumar B.V. S/o Venkatesh, R/at No.595, 4th Main, 4th Cross, Kamalanagar, Bengaluru – 560 079. …RESPONDENTS
(By Smt. Manjula N. Tejaswi and Sri. H.C. Vrushabhendraiah Advocates for R-1)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.08.2018 PASSED IN MVC NO. 5074/2017 ON THE FILE OF THE XXIII ADDL. JUDGE, COURT OF SMALL CAUSES AND XXI ACMM AND MEMBER, MACT (SCCH-25), BENGALURU, 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. 3
CONCILIATION ORDER
The learned Counsel appearing for the Appellants - Claimants is present. The learned Counsel appearing for the 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 respondent-Insurance Company and its authorized officer is filed. The appellants - claimants have agreed to receive and the 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 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
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