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2025 DAILYLAW 45522 (KAR)

SMT INDRAMMA v. THE NEW INDIA ASSURANCE CO LTD

MFA/7715/2018 · 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 08TH DAY OF MARCH 2025 CONCILIATORS PRESENT: THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA & SRI.VIJAYAKUMAR MAJAGE, MEMBER M.F.A.No.7715/2018 (MV) (Lok Adalat No.555/2025) BETWEEN: SMT. INDRAMMA W/O KANTHARAJU M.R., AGED ABOUT 49 YEARS, R/AT BYE PASS ROAD, 2ND BLOCK, LAKSHMIDEVI NAGAR, KUDUR, RAMANAGARA-561 101. SINCE THE APPELLANT HAS LOST MEMORY AFTER THE ACCIDENT, SHE IS REPRESENTED BY HER HUSBAND SRI.KANTHARAJU, AS HERS NEXT FRIEND ...APPELLANT (BY SRI. SUPREETH B.P, ADVOCATE) AND: 1 . THE NEW INDIA ASSURANCE CO. LTD., D.O.-III, MAHALAKSHMI COMPLEX, M.G.ROAD, BENGALURU-560001 REP. BY ITS MANAGER. 2 2 . SRI. MAHESHA N. G., S/O GURUMURTHY, NITTUR VILLAGE AND POST, SALAGAME HOBLI, HASSAN-19 …RESPONDENTS (BY SRI. SRIKANTH M.P, ADVOCATE FOR R1; V/O/D 26.02.2019 NOTICE TO R2 IS D/W) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED.08.06.2018 PASSED IN MVC NO.8179/2016 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU (SCCH- 17), 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 The learned Counsel appearing for the Appellant - Claimant is present. The learned Counsel appearing for Respondent – Insurance Company along with its representative is present. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3 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 appellant / claimant, 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 AT