Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 46412 (KAR)

SMT. PUSHPASHREE v. NANDEESHA M E

MFA/2404/2024 · 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.2404/2024 (MV) (Lok Adalat No.437/2025) BETWEEN: 1 . SMT. PUSHPASHREE W/O LATE ASHOK KUMAR. H. NOW AGED ABOUT 32 YEARS 2 . KUM. A. THANMAYA S/O LATE ASHOK KUMAR. H., NOW AGED ABOUT 7 YEARS 3. CHITHRASHREE S/O LATE ASHOK KUMAR. H, NOW AGED ABOUT 6 YEARS. 4. SMT. PARVATHAMMA W/O HOMBALAIAH, NOW AGED ABOUT 55 YEARS. 5. SRI. HOMBALAIAH S/O LATE KUNTAIAH, NOW AGED ABOUT 69 YEARS. ALL ARE RESIDING AT MANGADAHALLI VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, 2 RAMANAGARA DISTRICT. 2ND AND 3RD PETITIONERS ARE MINORS, REPRESENTED BY 1ST APPELLANT AS GUARDIAN. ...APPELLANTS (BY MS. SUSHMITHA G., ADVOCATE) AND: 1 . NANDEESHA M. E. S/O LATE EREGOWDA NO.143, THOTA MUNGADAHALLI VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160. 2 . THE NEW INDIA INSURANCE COMPANY LTD., GIRIYAMMA SHAMBOGOWDA COMPLEX, CHURCH ROAD, CHANNAPTNA - 652 1601 REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. A. N. KRISHNA SWAMY, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 19.02.2024 PASSED IN MVC NO.408/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, CHANNAPATNA, 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. 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. 1,40,000/- (Rupees One Lakh Forty 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. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 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 AT