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2025 DAILYLAW 49167 (KAR)

SMT YALLAMMA v. MAHESHWARAPPA K S

MFA/3105/2019 · 2025-04-22

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 22ND DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI & SRI., RAVI, S. SMAPRATHI, MEMBER M.F.A.No.3105/2019 (MV-I) (Lok Adalat No.151/2023) C/w M.F.A.No.8937/2018 (MV-I) (Lok Adalat No.1897/2025) IN M.F.A. NO. 3105/2019: BETWEEN 1. SMT. YALLAMMA W/O LATE NAGAPPA AGED 49 YEARS OCC: HOUSEHOLD WORK 2. KARIYAPPA S/O LATE NAGAPPA AGED ABOUT 35 YEARS, OCC: AGRICULTURE 3. RAMESH S/O LATE NAGAPPA AGED ABOUT 33 YEARS PETITIONER NO.1 TO 3 ARE R/O LOKIKERE VILLAGE DAVANAGERE TALUK AND DIST. 4. RATNAMMA W/O SIDDESHAPPA AGE: 31 YEARS, OCC: HOUSEHOLD WORK 2 R/AT KOGALUR VILLAGE, CHANNAGIRI TALUK DAVANAGERE DIST. ... APPELLANTS (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE) AND 1. MAHESHWARAPPA K.S. S/O JAYADEVAPPA AGED ABOUT 41 YEARS R/O KASHIPUR VILLAGE, GOPANAR VILLAGE DAVANAGERE TQ AND DIST. DRIVER OF TATA ACE BEARING REG. NO. KA-17-B-2910. 2. M. VENKATESH S/O RANGARAO AGED ABOUT 40 YEARS R/O KALKERE CAMP, KAIDALE POST, OWNER OF TATA ACE BEARING REG. NO.KA-17-B-2910. 3. BASAVANAGOUDA N.S. S/O IGLOOR NAGARAJAPPA DOOR NO.313, HULIKATTE POST, DAVANAGERE TQ, DIST. (PREVIOUS DRIVER OF TATA ACE BEARING REG.NO.KA-17-B-2910). 4. THE MANAGER, SRI RAMA GENERAL INSURANCE COMPANY LTD., NO.85/2, 1ST FLOOR. AMS COMPLEX, NANDI PETROL BUNK OPPOSITE KSRTC BUS STOP NEAR DAVANAGERE-577002. ...RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R-4) 3 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.08.2018 PASSED IN MVC NO.157/2018 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND V ADDITIONAL MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN M.F.A. NO. 8937/2018: BETWEEN THE MANAGER M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.85/2, FIRST FLOOR, AMS COMPLEX, NANDI PETROL BUNK, OPPOSITE KSRTC BUS STOP NEAR, DAVANAGERE-577002. NOW REPRESENTED BY ITS M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V. ARCADE, BILAKHALLI, BANNERUGHATTA MAIN ROAD, IIMB POST, BANGALORE REPTD. BY ITS ASSIT. MANAGER … APPELLANT (BY SRI. B.C. SHIVANNE GOWDA , ADVOCATE) AND 1. SMT. YALLAMMA W/O LATE NAGAPPA NOW AGED ABOUT 48 YEARS. 4 2. KARIYAPPA S/O LATE NAGAPPA AGED ABOUT 34 YEARS. 3. RAMESH S/O LATE NAGAPPA AGED ABOUT 32 YEARS ALL ARE R/O LOKIKERE VILLAGE DAVANAGERE TALUK AND DISTRICT-577002. 4. RATNAMMA W/O SIDDESHAPPA AGE ABOUR 30 YEARS, R/O KOGALUR VILLAGE, CHANNAGIRI TALUK DAVANAGERE DISTRICT. 5. MAHESHWARAPPA K.S, S/O JAYADEVAPPA AGED ABOUT 40 YEARS R/O KASHIPURA VILLAGE, GOPANAR VILLAGE DAVANAGERE DISTRICT AND TALUK. 6. M. VENKATESH S/O RANGARAO AGED ABOUT 40 YEARS R/O KALKERE CAMP, KAIDALE POST, DAVANAGER DISTRICT. 7. BASAVANAGOUDA N.S. S/O IGLOOR NAGARAJAPPA MAJOR, R/O DOOR NO.313, HULIKATTE POST, DAVANAGERE DISTRICT AND TALUK. …RESPONDENTS (BY SRI. M.R.HIREMATHAD , ADVOCATE FOR R-1 TO R-4) 5 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.08.2018 PASSED IN MVC NO.157/20118 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, 5TH ADDITIONAL MACT, AWARDING COMPENSATION OF RS.3,28,000/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL REALISATION. THESE APPEALS 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 – 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 sum of Rs.11,70,100/- (Rupees Eleven Lakh Seventy Thousand Hundred only) with 6% p.a from the date of petition till the date of deposit as against Rs.7,74,000/- has been awarded by the Tribunal, in full and final settlement of the claim. 6 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. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. 4. The apportionment, deposit and release of the modified compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 5. Accordingly, M.F.A.No.3105/2019 filed by the appellants – claimants stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in M.F.A.No.3105/2019 filed by the appellants – claimants, the connected M.F.A.No.8937/2018 filed by the respondent – Insurance Company is hereby disposed. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER NM