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2025 DAILYLAW 49199 (KAR)

SHIVEGOWDA DEAD BY LR'S SMT. RATHNAMMA v. SHRI VISHWANATH S K

MFA/2060/2021 · 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. 2060/2021 (MV- D) (Lok Adalat No. 1892/2025) BETWEEN: SHIVEGOWDA DEAD BY LR'S 1. SMT. RATHNAMMA, W/O. LATE SHIVEGOWDA, AGED ABOUT 37 YEARS. 2. MOHAN M.S., S/O. LATE SHIVEGOWDA, AGED ABOUT 13 YEARS. 3. MANOJ M.S. S/O. LATE SHIVEGOWDA, AGED ABOUT 11 YEARS. APPELLANT NO.2 AND 3 ARE MINOR EPRESENTED BY THEIR NATURAL GUARDIAN. MOTHER SMT. RATHNAMMA -APPELLANT NO.1. 2 ALL ARE RESIDING AT: MAVINAKERE VILLAGE, K.R.PETE TALUK, MANDYA DISTRICT-571426 ...APPELLANTS (BY SRI. SANATH KUMARA K.M., ADVOCATE) AND: 1. SHRI. VISHWANATH S.K., S/O. KRISHNEGOWDA, AGE: MAJOR, NO.42, SHETTAHALLI VILLAGE, DINKA POST, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT-571455. 2. THE MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, NO.II, NO.1, 1ST FLOOR, SRI. SHRINIVASA PLAZA, ADICHUNCHANAGIRI ROAD, KUVEMPUNAGAR, MYSURU-570021. …RESPONDENTS (BY SRI. ASHOK N. PATIL, ADVOCATE FOR R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.03.2020 PASSED IN MVC NO.1267/2016 ON THE FILE OF THE AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, PRINCIPAL COURT OF SMALL CAUSES, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 3 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 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 has agreed to receive and the respondent- Insurance Company has agreed to pay a lump-sum of Rs.50,000/- (Rupees Fifty 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 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. 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