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2025 DAILYLAW 50967 (KAR)

SMT SWATHI M v. JAYASHIMHA N

MFA/5266/2022 · 2025-04-26

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE SPECIAL THE LOKADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT: THE HON9BLE MR. JUSTICE H.P. SANDESH & SRI. S.S. MAHENDRA, MEMBER M.F.A. NO.5266/2022 (Lok Adalat No.1987/2025) BETWEEN SMT. SWATHI M W/O NAVEENA M AGED ABOUT 23 YEARS R/AT SOGANE - HOSUR SHIVAMOGGA SHIVAMOGGA TALUK AND DISTRICT NOW AT BHAVIKERE, TARIKERE TALUK CHIKKAMAGALURU DISTRICT &APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND 1 . JAYASHIMHA N S/O NIJALINGAPPA K AGED ABOUT 36 YEARS R/A WARD NO.8, MALATESH ROAD AJJIMPURA TARIKERE TALUK CHIKKAMAGALURU DISTRICT 2 . THE DIVISIONAL OFFICE UNITED INDIA INSURANCE COMPANY LIMITED CRESCENT COURT 2 FLOOR NO.1, K M ROAD CHIKKAMAGALURU &RESPONDENTS (NOTICE TO R1 D/W V/O 26.04.2025; BY SRI. BENNI RAVISH, ADVOCATE FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.05.2022 PASSED IN MVC NO.149/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, TARIKERE AND ETC. THIS APPEAL COMING ON FOR CONCILIATION BEFORE SPECIAL LOKADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant is present. The learned Counsel appearing for Respondent No.23 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 appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent- Insurance Company and its authorized officer is filed. The appellant- claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.1,80,000/- (Rupees 3 One Lakh Eighty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The Respondent No.2- 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 appellant / claimant, 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 SN