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2025 DAILYLAW 45576 (KAR)

SMT S NASREEN BANU @ NASREEN S v. SRI ABHISHEK RAO

MFA/1200/2023 · 2025-01-21

Lok Adalath

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDA & SMT. PARINEETA S. CHANAL, MEMBER M.F.A.No. 1200/2023 (MV) (Lok Adalat No. 3853/2024) BETWEEN 1. Smt. S. Nasreen Banu @ Nasreen S. W/o Shaik Mohammad Rafiq S., Aged about 28 years. 2. Master. Mohammed Farmaan @ M.D. Armaan, S/o Shaik Mohammad Rafiq S., Aged about 5 years, (Since minor represented by his Mother/Natural Guardian). 3. Sri. Sheik Dastagiri Son of Mahaboob Sab, Aged about 48 years. 4. Smt. Imran Banu W/o Sheik Dastagiri, Aged about 45 years. 2 All the appellants are residing at Gundapura, Kadalaeni, Gauribidanur, Chikkaballapura District-561 210. … Appellants. (BY SRI. K.V. NAIK, ADVOCATE) AND: 1. Sri. Abhishek Rao S/o Radheshyam Rao, Major, R/at G-22, Subhash Nagar, Bhilwara, Rajasthan-311 001, (Owner of Lorry bearing Reg. No.RJ-06/GC-2016). 2. The Manager, Royal Sundaram General Insurance Company Ltd., Office at No.30, 3rd Floor, JNR City Centre, Raja Ram Mohan Roy Road, Off Richmond Road, Sampangi Ramanagar, Bengaluru – 560 027, (Policy No. VGC0568663000100 Valid from 17.08.2019 to 16.08.2020). …Respondents (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.09.2022 PASSED IN MVC NO.4108/2020 ON THE FILE OF THE XXI ADDL. JUDGE OF SMALL CAUSES COURT AND ACMM AND MEMBER, MACT, (SCCH-23), BENGALURU, PARTLY ALLOWING THE PETITION FOR COMPENSATION AND SEEKING FOR ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 3 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 - Insurance Company has agreed to pay a lump-sum of Rs.7,25,000/- (Rupees Seven Lakhs Twenty Five Thousand only) 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. There are four claimants in the above appeal and if the enhanced compensation amount divided equally, they will get lesser amount. Therefore, 4 the entire shares of appellants Nos.1, 3 and 4 / claimants shall be released in their favour, on proper identification. The entire share of minor appellant No.2 shall be kept in fixed deposit in any Nationalized / Scheduled Bank in his name till he attains majority with liberty to the minor guardian to withdraw the accrued interest periodically. 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