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2025 DAILYLAW 51498 (KAR)

SMT. T.A.ANITHA v. SHAIKH IQBAL AHAMED

MFA/5335/2023 · 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 LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON9BLE MRS. JUSTICE K.S. MUDAGAL & SMT. P.V. KALPANA, MEMBER M.F.A.No.5335/2023 (MV) (Lok Adalat No.3907/2025) BETWEEN: 1. SMT. T.A. ANITHA, W/O LATE T.C. PUTTASWAMY, AGED ABOUT 32 YEARS. 2. ABHISHEK.T.P, S/O LATE T.C. PUTTASWAMY, AGED ABOUT 12 YEARS. 3. PRAKRUTHI.T.P, D/O LATE T.C. PUTTASWAMY, AGED ABOUT 10 YEARS. 4. ANANYA T.P D/O LATE T.C. PUTTASWAMY, AGED ABOUT 5 YEARS. PETITIONER NO.2 TO 4 ARE MINORS AND THEY ARE REPRESENTED BY THEIR NEXT FRIEND GUARDIAN 2 MOTHER SMT. T.A. ANITHA. 5. PUTTAMALLAMMA, W'/O LATE CHIKKANNAIAH, AGED ABOUT 69 YEARS. ALL ARE R/AT: TALAGAVADI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK. ...APPELLANTS (BY SRI. THIPPESWAMY B C, ADVOCATE) AND: 1 . SHAIKH IQBAL AHAMED, S/O B.S. AHAMED, MAJOR, R/O BILAGULA, MUDIGERE, CHIKKAMAGALORE. (OWNER OF CANTER BEARING NO. KA-19-D-9521) 2. THE BRANCH MANAGER, NATIONAL INSURANCE CO LTD, V.V. ROAD, MANDYA. POLICY ISSUING OFFICE: 2ND FLOOR, INLAND, OMATE, NAVIBHARAT CIRCLE, OPP. TO HOTEL OCEAN PEARL, MANGALORE. (POLICY NO. 604301311810001799 VALID FROM 09-05-2018 TO 08-05-2019) &RESPONDENTS (BY SRI. S.V.HEGDE MULKHAND, ADVOCATE FOR R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.07.2022 PASSED IN MVC NO.772/2019 ON 3 THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE 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 3 Insurance Company along with its representative are present. 2. After negotiations, the matter is settled. A joint memo signed by the learned Counsel appearing for the appellants/claimants (being authorized by the appellants/claimants to sign) and the learned Counsel 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.9,00,000/- (Rupees Nine Lakh 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 4 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 shares of appellants-claimants No.1 and 5 shall be digitally released to them according to their shares in terms of the impugned award and shares of claimants No.2 to 4 shall be invested in FD in any Nationalized scheduled bank, the choice of their next friend till they attained majority with liberty to their next friend to draw the interest accruing on the same. 5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The impugned judgment and award of the Tribunal shall stand modified accordingly. Draw award accordingly. Sd/- JUDGE Sd/- MEMBER SHS