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2025 DAILYLAW 35461 (KAR)

RATNAMMA, v. ASHOKA S N

MFA/7633/2024 · 2025-03-08

Lok Adalath

body2025

Judgment text

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- 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 SREENIVAS HARISH KUMAR & SRI M.N.UMASHANKAR, MEMBER M.F.A.NO. 7633 OF 2024 (MV) (Lok Adalat No. 544/2025) BETWEEN 1. Ratnamma, W/o Balakrishna Aged about 48 years, 2. Balakrishna, S/o Nagegowda, Aged about 54 years, 3. M.B.Manu S/o Balakrishna, Aged about 24 years, All are R/at No.373, Sabbanakuppe Road, M.Shettahalli Hobli, M.Shettahalli Village, Srirangapatna Taluk, Mandya District-571438. ...Appellants (By Sri Sreenivasan M.Y., Advocate) AND 1. Ashoka S.N., S/o Narasimhegowda, Major, - 2 - R/at Sindabhoganahalli Village, Chinakurali Hobli, Pandavapura Taluk, Mandya District-571455. 2. The Branch Manager, HDFC ERGO General Insurance Company Limited, Maharaja Complex, 2nd Floor, In Front of KSRTC, Sub-Urban Bus Stand, Mysore City-570001. …Respondents (By Sri B.C.Shivanne Gowda, Advocate for R2) This MFA filed u/s 173(1) of MV Act against the judgment and award dated 30.07.2024 passed in MVC No.178/2023 on the file of the Principal Senior Civil Judge and Member, MACT, Srirangapatna, 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 Learned counsel appearing for the appellants- claimants is present. Learned counsel appearing for the second respondent–insurance company along with its representative are present. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants/claimants (being authorized by the appellants/claimants to - 3 - sign) and the learned advocate appearing for the second respondent-insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the second respondent- insurance company has agreed to pay a lump-sum of Rs.5,75,000/- (Rupees Five Lakhs Seventy Five Thousand), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The second 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 apportionment, release and deposit of the enhanced compensation amount shall be in terms of the award passed by the Claims Tribunal. 5. This Miscellaneous First Appeal stands disposed of in terms of the joint memo. The - 4 - judgment and award of the Tribunal shall stand modified accordingly. Draw up award accordingly. Sd/- JUDGE Sd/- MEMBER CKL CT: BL