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2025 DAILYLAW 48358 (KAR)

SMT. SARASWATHI v. SRI. MAHESH MURTHY

MFA/1999/2021 · 2025-04-22

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 22ND DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI & SRI. RAVI S. SAMPRATHI, MEMBER M.F.A.No. 1999/2021 (MV- D) (Lok Adalat No. 1903/2025) BETWEEN: 1. SMT. SARASWATHI W/O LATE SRI. NINGARAJU AGED ABOUT 50 YEARS 2. VINAYAKA N S/O LATE SRI. NINGARAJU AGED ABOUT 22 YEARS 3. ULLASNAYAK N S/O LATE NINGARAJU AGED ABOUT 17 YEARS MINOR, REPRESENTED BY HIS NATURAL GUARDIAN MOTHER 1ST APPELLANT SARASWATHI 4. SRI. NAGARAJU H.S. S/O LATE SRI. SANNANAYAKA AGED ABOUT 75 YEARS 2 5. SMT. NINGAMMA W/O SRI. NAGARAJU H.S. AGED ABOUT 65 YEARS ALL ARE RESIDING AT HALASURU VILLAGE, SARAGURU HOBLI BEERAVALU POST, H.D. KOTE TALUK MYSURU DISTRICT-571121. ...APPELLANTS (BY SRI. RUPESH KUMAR S., ADVOCATE) AND: 1. SRI. MAHESH MURTHY S/O SRI. VEERABHADRAPPA MAJOR, R/A # 2142, H.B. ROAD VIDYANAGARA, H.D. KOTE TOWN, MYSURU DISTRICT-571114. RESP.NO.1. 2. SRI. SRIRAM GENERAL INSURANCE COMPANY LTD., 2ND FLOOR CH-66, NO.2904/1, SAPTHSWARA COMPLEX, OPPOSITE RELIANCE HOME FINANCE, KANTHARAJ URS ROAD SARASWATHIPURAM MYSURU-570009. …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.11.2019 PASSED IN MVC NO.1054/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, 3 H.D.KOTE, 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 Respondents – 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 has agreed to receive and the respondent- Insurance Company has agreed to pay a sum of Rs.19,62,500/- (Rupees Nineteen Lakh Sixty Two Thousand Five Hundred only), with interest 6% p.a. from the date of petition till the date of deposit, as against of Rs.8,86,000/- has been awarded by the Tribunal, in full and final settlement of the claim. 4 3. The Respondents - 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 appellants / claimants, 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 NM