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2025 DAILYLAW 51389 (KAR)

SMT. MAHALAKSHMI K v. KUMAR .R.

MFA/350/2024 · 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 THE HIGH COURT LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON9BLE MR. JUSTICE S. SUNIL DUTT YADAV & SRI. MALLAIAH M.R. MEMBER M.F.A.NO. 350/2024 (MV) (LOK ADALAT NO.2017/2025) BETWEEN: 1 . SMT. MAHALAKSHMI K W/O RAMAIAH, AGED ABOUT 46 YEARS, 2 . RAMAIAH W/O LATE KALAIAH, AGED ABOUT 55 YEARS, 3 . PRASHANTH H R S/O RAMAIAH, AGED ABOUT 26 YEARS, ALL ARE RESIDING AT NO. 349, EWS 2ND STAGE, KUVEMPUNAGAR, MYSURU CITY-01. ... APPELLANTS (BY SRI. PRATHEEP K.C, ADVOCATE) 2 AND: 1 . KUMAR .R. S/O LATE RAJU AGED ABOUT 38 YEARS, R/AT NO 14/280 AMBEDKAR STREET, BEHIND K.S.R.T.C BUS STAND, CHAMARAJANAGAR TOWN-01. 2 . DISTRICT HEALTH AND FAMILY WELFARE OFFICE REPRESENTED BY AUTHORISED SIGNATORY NAZARBAD, MYSURU-01. 3 . NATIONAL INSURANCE COMPANY LTD REPRESENTED BY ITS MANAGER, HYDERABAD GANDHINAGAR BUSINESS GROUND FLOOR, 1-1-380/19/A ASHOKNAGAR EXTESION, HYDERABAD-500 020 BRANCH OFFICE, NO. 1, SRI SRINIVASA ROAD, 7TH CROSS ROAD, UDAYARAVI ROAD, ADHICHUNCHANAGIRI MAIN ROAD, KUVEMPU NAGAR, 2ND STAGE, ASHOKAPURAM, MYSURU KARNATAKA-570 023. & RESPONDENTS (BY SMT. MANJULA N. TEJASWI, ADVOCATE FOR R3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.09.2021 PASSED IN MVC NO. 986/2016 ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, C/c ADDITIONAL 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 HIGH COURT LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants are present. The learned Counsel appearing for the Respondent 3 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.6,43,500/- (Rupees One Six Lakh Forty Three Thousand Five Hundred 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. Out of the enhanced compensation amount to be deposited by the Insurance Company, Rs.1,43,500 /- is directed to be invested in Fixed Deposit in the name of the appellants/claimants in any Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years with liberty to the appellants/claimants to withdraw the interest periodically. The remaining amount of Rs.5,00,000/- is ordered to be released in favour of the appellants 3 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 DHA