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2025 DAILYLAW 48492 (KAR)

SRI. C M RAMESH v. SRI. MIRZA ISMAIL BAIG

MFA/4354/2016 · 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. 4354/2016 (MV) (Lok Adalat No.110/2025) BETWEEN: 1. SRI. C.M. RAMESH S/O LATE MUDDAPPA ALIAS MUDDAIAH, AGED ABOUT 43 YEARS, 2. SMT GANGAMMA W/O C.M. RAMESH, AGED ABOUT 38 YEARS, 3. MISS. C.R. SUNITHA D/O C.M. RAMESH AGED ABOUT 24 YEARS, 4. MISS. C.R. ANITHA D/O C.M. RAMESH AGED ABOUT 24 YEARS, ALL R/O. CHIKKAMASKAL VILLAGE, KUDUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRCT, NOW R/WITH SHIVAMMA, W/O. GANGADHARAIAH, NERALAPURA, SASALU POST, 2 GULUR HOBLI, TUMAKURU TALUK. ... APPELLANTS (BY SRI RAMESH KUMAR R.V., ADVOCATE) AND: 1 . SRI. MIRZA ISMAIL BAIG S/O LATE M. AMEER BAIG, R/O #326/2, T.S.P ROAD, BANGALORE 02. (R.C. OWNER OF THE OFFENDING BUS BEARING #KA-01-AB-3222) 2 . THE MANAGER, ICICI LOMBARD GENERAL INSURANCE CO. LTD., #89, SVR COMPLEX, 2ND FLOOR, MADIVALA (NEAR AYYAPPA TEMPLE), HOSUR ROAD, BANGALORE. (COVER NORTH NO 72441675 VALID FROM 03/07/2012 TO 02/07/2013) … RESPONDENTS (BY SRI B. PRADEEP, ADVOCATE FOR R-2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:31.10.2015 PASSED IN MVC NO.576/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, & MACT, TUMAKURU, C/C. PRINCIPAL SENIOR CIVIL JUDGE, & MACT, TUMAKURU, 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 Fourty 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. 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