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2025 DAILYLAW 45840 (KAR)

SMT JAYAMMA v. M/S BABA TRANSPORT

MFA/1842/2023 · 2025-01-21

Lok Adalath

body2025

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. 1842/2023 (MV) (Lok Adalat No. 3852/2024) BETWEEN 1. Smt. Jayamma W/o Mahadevaiah, Aged about 48 years. 2. Roopa K.M. D/o Mahadevaiah, Aged about 27 years. Both are R/at Kachenahalli Village, Kanakuppe Post, Hebbur Hobli, Tumakuru Taluk, Tumakuru District-572 142. … Appellants. (BY SRI. ANANDA K.V., ADVOCATE) AND: 1. M/s. Baba Transport By its Proprietor, No.143, NGEF Layout, 2 Kasthuri Nagar Post Office, 2nd ‘H’ Main Road, Near Coffee Day, Bengaluru – 43. (RC Owner of the Heavy Goods Mahindra Lorry bearing No.KA-53/C-5011). 2. The Manager, Royal Sundaram General Insurance Company Ltd., Branch Office, Abharana Archade, M.G. Road, Tumakuru City-572 130. (Policy No. VGC0551672000100 Valid from 31.3.2019 to 30.3.2020). …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 10.11.2021 PASSED IN MVC NO.258/2020 ON THE FILE OF THE II ADDL. DISTRICT JUDGE AND MACT, TUMAKURU, 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: 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. 3 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.3,60,000/- (Rupees Three Lakhs Sixty 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 two claimants in the above appeal and if the enhanced compensation amount divided equally, they will get lesser amount. Therefore, the entire shares of appellants / claimants shall be released in their favour, on proper identification. 4 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