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2025 DAILYLAW 34449 (KAR)

SHOBHA. G. H. v. GOVINDHA RAYAPRABHU

MFA/7026/2024 · 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 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. 7026/2024 (MV) (Lok Adalat No. 300/2025) BETWEEN: 1. Shobha G.H. D/o Late Halappa, Now Aged about 17 years. 2. Ranjitha G.H. D/o Late Halappa, Now Aged about 15 years. Appellant No.1 & 2 are minors, they Are rep. by their Grand Mother Halamma, Halamma W/o Muniswamy, Aged about 51 years, R/a lPuttenahalli Village, Hiraguppe Village, Madihalli Hobli, Beluru Taluk, Hassan District. 3. Honnabhovi S/o Guruvabovi, Now aged about 61 years. 2 4. Bhagya W/o Late Moganna, Now aged about 26 years. 5. Kaveri D/o Late Moganna, Now aged about 15 years. 6. Kowshalya D/o Late Moganna, Now aged about 11 years. Appellant No.5 & 6 are minors, Rep. by N/G and Mother Appellant No.4, All are R/a Gowri Koppalu Village, Halebeedu Hobli, Belur Taluk, Hassan District. Presently R/a C/o Mallesh, Bittagowdanahalli Village, Kasaba Hobli, hassan Taluk, Hassan District. ...APPELLANTS (By Sri. Raghu R., Advocate) AND: 1. Govindha Rayaprabhu S/o Devarayaputra, Now aged about 71 years, Supreme Rice Mill Owner, Subhash Nagara, Soraba Road, Sagara Taluk, Shivamogga District-577 201. 2. The Manager, United India Insurance Co. Ltd., 2nd Floor, Venkateshwara Building, B.M. Road, Hassan City-573 201. …RESPONDENTS (By Sri. L. Sreekanta Rao, Advocate for R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.02.2024 PASSED IN MVC NO. 268/2023 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC AND 3 MACT, HASSAN, 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. 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. 10,80,000/- (Rupees Ten Lakhs Eighty Thousand 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 4 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 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