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2025 DAILYLAW 33882 (KAR)

SMT. MANJULA v. SRI. BASAVARAJA. K

MFA/7314/2023 · 2025-04-26

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 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE V KAMESWAR RAO & MR. SHANTHI BHUSHAN H., MEMBER M.F.A.No. 7314/2023 (MV) (Lok Adalat No.2022/2025) BETWEEN: 1 . SMT. MANJULA, W/O LATE CHANNABASAPPA, AGED ABOUT 43 YEARS, HOUSEWIFE, 2 . SRI DEEPAK A. C., S/O LATE CHANNABASAPPA, AGED ABOUT 22 YEARS, STUDENT, A1 AND A2 ARE R/O NO. 176, 1ST STAGE, BUDHAL ROAD, SPS NAGARA, DAVANAGERE - 577001. …APPELLANTS (BY SRI. G J SUNKAPUR, ADVOCATE) AND: 1 . SRI. BASAVARAJA. K, S/O KALLESH B, 2 AGED ABOUT 41 YEARS, DRIVER OF BUS NO. KA-17/AA-0909, R/O KATTIGEHALLI VILLAGE, JAGALURU TALUK, DAVANAGERE - 57752. 2 . SRI KUMAR D.K, S/O KOTRAPPA, AGED ABOUT 51 YEARS, OWNER OF BUS NO. KA-17/AA-0909, R/O NO. 1703/3, MOTHI DODDAPPA LAYOUT, KTJ NAGARA, DAVANAGERE - 577001. 3 . THE DIVISIONAL MANAGER, RELIANCE GENERAL INSURANCE CO., NO. 44, BSC AVENUE 2ND FLOOR, OPPOSITE CHETHAN HOTEL, AKKAMAHADEVI ROAD, DAVANAGERE - 577002. …RESPONDENTS (BY SRI. B PRADEEP, ADVOCATE FOR R3) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.30.05.2023 PASSED IN MVC NO.48/2022 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, DAVANGERE, 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: 3 CONCILIATION ORDER We mark the presence of Sri. Sandeep.S.K, Chief Legal Manager of respondent No.3-Insurance Company. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned counsel for the appellants/ claimants (being authorized by the appellants/claimants to sign) and by the Authorized Officer of respondent No.3, duly signed by its counsel is filed before the Lok Adalath. 3. The appellants-claimants have agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.4,70,000/- (Rupees Four Lakhs Seventy Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 4. Respondent No.3-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 5. Out of enhanced compensation amount, Rs.3,29,000/-, which is 70% shall be released in favour of appellant No.1 and Rs.1,41,000/-, which is 30% shall be released in favour of appellant No.2 on proper identification by the appellants’ counsel and their proper documentation. 6. It is clarified that the order of the Tribunal in respect of distribution of the compensation thereof has not been varied. 7. The 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 PA