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2025 DAILYLAW 54796 (KAR)

NAGARATHNA v. D V DAYANANDA

MFA/2288/2024 · 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 HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV & SRI MALLAIAH M.R., MEMBER M.F.A.NO. 2288/2024 (MV) (LOK ADALAT NO.4758/2024) BETWEEN 1 . NAGARATHNA W/O LATE B V LAKSHMEGOWDA, AGED ABOUT 60 YEARS, R/O BOOVANAHALLI VILLAGE KASABA HOBLI, HASSAN TALUK. 2 . B L VENU S/O LATE B V LAKSHMEGOWDA AGED ABOUT 39 YEARS, R/O BOOVANAHALLI VILLAGE KASABA HOBLI, HASSAN TALUK. 3 . VEENA B L D/O LATE B V LAKSHMEGOWDA AGED ABOUT 37 YEARS, R/O BOOVANAHALLI VILLAGE KASABA HOBLI, HASSAN TALUK. PRESENTLY R/O JYOTHINIVASA, 1ST CROSS ROAD, RAKSHANAPURAM, 2 HASSAN. APPELLANT NO.4 DIED ON 12.07.2023, I.E., THE LRS OF APPELLANT NO.4 ARE ALREADY ON RECORD AS APPELLANT NO.1 TO 3 IN THE ABOVE APPEAL. ...APPELLANTS (BY SMT. KAVITHA H.C., ADVOCATE) AND 1 D.V DAYANANDA S/O VEERABHADREGOWDA, R/O DODDAPURA VILLAGE, KASABA HOBLI, HASSAN TALUK-573 201, (OWNER OF BOLERO VEHICLE BEARING REG NO.KA-18-N-3519) 2 . THE MANAGER NATIONAL INSURANCE COMPANY LTD MANJUNATHA COMPLEX, CITY BUS STAND ROAD HASSAN-573201. RESPONDENTS (BY SRI.ASHOK N PATIL., ADVOCATE FOR R2 ) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.08.2023 PASSED IN MVC NO. 270/2019 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND CJM, MEMBER ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE HIGH COURT LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. 3 CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants are present. The learned Counsel appearing for the Respondent – 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 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.1,50,000/- (Rupees One Lakh Fifty Thousand 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. The entire enhanced compensation amount shall be released in favour of the appellants / claimants, on proper identification. 4 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