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2025 DAILYLAW 54806 (KAR)

SMT. SUNANDA v. NEW INDIA ASSURANCE CO LIMITED

MFA/6467/2018 · 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 NATIONAL 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 K.V. ARAVIND & SRI. JAVEED S., MEMBER M.F.A.No.6467/2018 (MV) (Lok Adalat No.2320/2024) BETWEEN 1. SMT. SUNANDA W/O LATE SHIVANNA D G AGED ABOUT 55 YEARS 2. PAVITHRA S D/O LATE SHIVANNA D G AGED ABOUT 29 YEARS 3. PRADEEP S S/O LATE SHIVANNA D G AGED ABOUT 26 YEARS ALL ARE R/AT NO.390, 2ND FLOOR 3RD MAIN, BEHIND BMTC BUS DEPP ANAND NAGAR, R.T.NAGAR, BENGALURU-570 024 ...APPELLANTS (BY SRI. GURUDEV PRASAD K.T, ADVOCATE) 2 AND 1. NEW INDIA ASSURANCE CO LIMITED NO.9/2, THIRD PARTY CLAIMS HUB, MAHALAKSHMI CHAMBERS, M G ROAD, BENGALURU-560 001 REPRESENTED BY ITS MANAGER 2. SRI ANTHONY RAJ R/AT NO.105, INDIRA TOWERS, BANK AVENUE, 10TH STREET, BABUSAB PALYA, KALYAN NAGAR, BENGALURU-560 043 …RESPONDENTS (BY SMT. GEETHA RAJ, ADVOCATE FOR R-1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23/01/2018, PASSED IN MVC NO.2047/2016, ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MACT, BENGALURU, (SCCH-16), 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: 3 CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants is 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 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.5,25,000/- (Rupees Five Lakhs Twenty Five 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 Tribunal has awarded a sum of Rs.2,70,000/- with 9% interest p.a. and released the same in favour of first petitioner. The order to that extent is 4 not in dispute. Out of the enhanced compensation amount of Rs.5,25,000/-, the amount of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thusand only) shall be kept in a fixed deposit in any nationalized bank for a period of two years in the name of first petitioner and balance amount shall be released in her favour . 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 Yn.