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2025 DAILYLAW 41105 (KAR)

SMT PAVITHRA v. SRI NAGESH S

MFA/343/2024 · 2025-12-11

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 11TH DAY OF DECEMBER 2025 CONCILIATORS PRESENT: THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI & SMT. D.SUDHA, MEMBER M.F.A.No. 343/2024 (MV) (Lok Adalat No.2604/2025) BETWEEN: 1 . SMT PAVITHRA W/O LATE ANANTHA AGED ABOUT 31 YEARS, R/AT MUTTURAYANA HOSAHALLI VILLAGE, HANAGODU HOBLI, HUNSUR TALUK MYSURU DISTRICT 571105. 2 . SRI. VENKATEGOWDA S/O LATE THIMMEGOWDA AGED ABOUT 67 YEARS, R/AT MUTTURAYANA HOSAHALLI VILLAGE, HANAGODU HOBLI, HUNSUR TALUK MYSURU DISTRICT 571105 3 . SMT. INDRAMMA W/O VENKATEGOWDA, AGED ABOUT 57 YEARS, R/AT MUTTURAYANA HOSAHALLI VILLAGE, HANAGODU HOBLI, HUNSUR TALUK MYSURU DISTRICT 571105 2 4 . MR. CHIRANTH GOWDA M A S/O LATE ANANTHA AGED ABOUT 3 YEARS, SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN / MOTHER APPELLANT NO. 1 BY NAME PAVITHRA R/AT MUTTURAYANA HOSAHALLI VILLAGE, HANAGODU HOBLI, HUNSUR TALUK MYSURU DISTRICT 571105 5 . DHANUSHREE SINCE MINOR REPRESENTED NATURAL GUARDIAN MATERNAL GRAND FATHER SRI. SHIVARAJEGOWDA R/AT MUTTURAYANA HOSAHALLI VILLAGE, HANAGODU HOBLI, HUNSUR TALUK MYSURU DISTRICT 571105 …APPELLANTS (BY SRI. KENCHEGOWDA.B.M., ADVOCATE) AND: 1 . SRI NAGESH S S/O SOMANNA AGED ABOUT 48 YEARS, R/AT HOUSE NO. 386 ASHRAYA SCHEME HOUSE, RAJAJINAGAR, MYSURU 570026. 2 . THE MANAGER HDFC ERGO GENERAL INS. CO. LTD., NO. 25 /1, 2nd FLOOR, BUILDING NO.2, SHANKARA NARAYANA BUILDING, M G ROAD, BENGALURU 560001 MYSURU ADDRESS 3 THE MANAGER, HDFC ERGO GENERAL INS. CO. LTD., 2nd FLOOR, TRADE CENTRE, OPPOSITE TO KSRTC BUS STAND, BENGLAURU- NILGIRI ROAD, MYSORE 570001. …RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.03.2023 PASSED IN MVC NO.484/2022 ON THE FILE OF THE PRINCIPAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION 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 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. 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- 4 Insurance Company has agreed to pay a lump-sum of Rs.20,000/- (Rupees Twenty Thousand), in 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 appellants / claimants, 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 SRK