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2025 DAILYLAW 45748 (KAR)

SMT. ERAMMA I K v. MR. HARISH K S

MFA/6445/2024 · 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 T M NADAF & MR. PAVANA CHANDRA SHETTY H, MEMBER M.F.A.No. 6445/2024 (MV) (Lok Adalat No.422/2025) BETWEEN: 1 . SMT. ERAMMA I K W/O PRAKASH P AGED ABOUT 28 YEARS R/AT MUTHYALAMMA TEMPLE BHAVANI MAIN ROAD, HEBBAGODI, BENGALURU – 99 2 . BABY POORNIMA D/O LATE PRAKASH P AGED ABOUT 8 YEARS SINCE THE APPELLANT NO.2 IS MINOR, REP BY BEING HER MOTHER AND NATURAL GUARDIAN BOTH ARE R/AT MUTHYALAMMA TEMPLE BHAVANI MAIN ROAD, HEBBAGODI, BANGALORE - 99 …APPELLANTS (BY SRI. JAGADEESH H T, ADVOCATE) 2 AND 1 . MR. HARISH K S S/O K SANGANNA MAJOR, KANADA ONI, IMDAPURA VILLAGE AND POST, KUDLIGI TALUK BELLARY DISTRICT 2 . THE MANAGER SRIRAM GENERAL INSURANCE CO. LTD., NO.4/5, III FLOOR, S V ARCADE, DEVERACHIKKANAHALLI ROAD, BANNERGHATTA MAIN ROAD, BANGALORE – 560 076 3 . SRI. SESHADRI P S/O RAMANJAIAH AGED ABOUT 61 YEARS 4 . SMT. P JYOTHI W/O SESHADRI P AGED ABOUT 48 YEARS RESPONDENT NOS.3 & 4 ARE R/AT NO.1870, E-28/4, 3RD MAIN ROAD, LAGGERE, BANGALORE – 560 058 5 . SMT. NANDINI W/O SESHADRI A S AGED ABOUT 28 YAERS R/AT DODDABOMMASANDRA DEVABAGUDI, CHIKKATHIRUPATHI ROAD, HOSAKOTE TALUK BANGALORE RURAL DISTRICT …RESPONDENTS (BY SRI. B.C.SHIVANNEGOWDA, ADVOCATE FOR R2) 3 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 25.11.2023 PASSED IN MVC NO.4382/2018 ON THE FILE OF THE XIV ADDITIONAL SCJ, ACMM, MEMBER, MACT, BENGALURU SCCH-10, 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 appellants - claimants is present. The learned counsel appearing for the respondent No.2 – 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 No.2 – Insurance Company and its authorized officer is filed. The appellants-claimants have agreed to receive and the respondent No.2 – Insurance Company has agreed to pay a lump-sum of Rs.8,60,000/- (Rupees Eight Lakhs Sixty 4 Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The respondent No.2 - 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 of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 5. Out of the enhanced compensation amount to be deposited by the Insurance Company, in so far as appellant No.1 is concerned, 50% of the total compensation amount is directed to be invested in Fixed Deposit in the name of the appellant No.1/claimant in any Nationalized Bank/Scheduled Bank/Post Office for a period of 5 years with liberty to the appellant No.1/claimant to withdraw the interest periodically. The 5 remaining 50% of the total compensation amount is ordered to be released in favour of the appellant No.1 – claimant, on proper identification. Since the appellant No.2 – claimant is minor, the entire enhanced compensation amount shall be kept in Fixed Deposit in her name in any Nationalized / Scheduled Bank till she attains the majority with liberty to the minor guardian to withdraw the accrued interest periodically. The entire enhanced compensation amount shall be released in favour of the respondent Nos.3 to 5/claimants, on proper identification. 6. 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 MH/-