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2025 DAILYLAW 51530 (KAR)

JNANASHREE v. MR V ABDUL KHADAR

MFA/5295/2024 · 2025-03-08

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 08TH DAY OF MARCH 2025 CONCILIATORS PRESENT: THE HON9BLE MRS. JUSTICE K.S. HEMALEKHA & SRI. VIJAYAKUMAR. MAJAGE, MEMBER M.F.A.No.5295/2024 (MV) (Lok Adalat No.763/2025) BETWEEN: JNANASHREE D/O SRI. MANJUNATHA P S @ SOMA AGED ABOUT 13 YEARS, REPRESENTED BY HER MINOR GUARDIAN MANJUNATHA P. S. @ SOMA, R/AT SANNAIAH STREET, PERIYAPATNA TOWN PERIYAPATNA TALUK MYSURU DISTRICT ...APPELLANT (BY SRI. CHANDRASHEKHAR R., ADVOCATE) AND: 1 . MR. V. ABDUL KHADAR, S/O MR. VEERAN KUTTY, AGED ABOUT 55 YEARS, DRIVER CUM OWNER OF HGV TATA LORRY BEARING REG.NO.TN38 BA 8781. R/AT NO. 43, KATTUR ROAD, KARIMEDU METTUPALYAM, COIMBATORE-641301, TAMIL NADU 2 2 . THE MANAGER UNITED INDIA INSURANCE, COMPANY LTD., DIVISIONAL OFFICE, METTUPALYAM, 129C, KOVAI MAIN ROAD, METTUPALYAM, COIMBATORE-641301, TAMILNADU. (POLICY NO. 171700311 6P116297160). &RESPONDENTS (BY SRI. JANARDHANA REDDY, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 24.07.2020 PASSED IN MVC NO.208/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, PERIYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant is present. The learned Counsel appearing for Respondent 3 Insurance Company along with its representative is 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.20,000/- (Rupees Twenty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3 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. Since the appellant 3 claimant is minor the entire enhanced compensation amount shall be kept in Fixed Deposit in his name in any Nationalized / Scheduled Bank till he attains the majority with liberty to the minor guardian to withdraw the accrued interest periodically. 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 AT