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2025 DAILYLAW 51574 (KAR)

JAINA BI v. Reliance General Insurance Company Ltd.,

MFA/7464/2022 · 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 8TH DAY OF MARCH 2025 CONCILIATORS PRESENT: THE HON9BLE MR. JUSTICE RAJESH RAI K. AND SRI. X.M. JOSEPH, MEMBER M.F.A.No. 7464/2022 (MV) (Lok Adalat No. 571/2025) BETWEEN: 1. Jaina Bi W/o Late Nabi Sab Aged about 69 years, Not claiming Senior Citizen benefit. 2. Mohammed Rafi. S/o Late Nabi Sab, Aged about 52 years. 3. Akbar Basha S/o Late Nabi Sab, Aged about 50 years. 4. Samiulla S/o Late Nabi Sab, Aged about 48 years. 5. Sardar S/o Late Nabi Sab, Aged about 46 years. All are R/o Behind Sampige Siddeshwara School, 2 Holalkere Road, Chitradurga 3 577 501. ...APPELLANTS (By Sri. Spoorthy Hegde N., Advocate) AND: 1. Reliance General Insurance Co. Ltd., Rep. by its Branch Manager, Branch Office: Kudalasangameswara Archade, No.1, 1st Floor, Opp. IDBI Bank, B.D. Road, Near KSRTC Bus Stand, Chitradurga 3 577 001. 2. Sri. Krishna Naik S/o Ulma Naik, Major, Owner of Innova Car Bearing No.KA-34/N-3600, R/o No.24th Cross, Dollors Colony, Main Road, N.S. Halli, Bangalore. &RESPONDENTS (By Sri. Ashok N. Patil, Advocate for R-1, Notice to R-2 3 d/w v.c.o. dated 19.09.2023) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.01.2019 PASSED IN MVC NO. 508/2018 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE & ADDL. MACT-V, CHITRADURGA, 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. 3 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 prolonged negotiations, the matter is settled amicably. 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. 4,00,000/- (Rupees Four Lakhs only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. Hence, the Joint Memo is accepted. 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 Learned Counsel pleads that there is a serious financial stress to the family of the deceased, the entire compensation may be released in favour of the appellants / claimants. Considering the submission of the learned Counsel for the appellants, the entire enhanced compensation amount shall be released in favour of the appellants, claimants as per the apportionment made 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 Rbv