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High Court of Karnataka · body

2025 DAILYLAW 54807 (KAR)

SMT. NAGARATHANAMMA v. SRI VINAYA KUMAR

MFA/3417/2020 · 2025-07-12

Lok Adalath

Transfer Petitionbody2025

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 12TH DAY OF JULY 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE VIJAYKUMAR A PATIL & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No. 3417/2020(MV) (Lok Adalat No. 6594 /2025) BETWEEN 1. SMT. NAGARATHANAMMA W/O MANJUNATHA K AGED ABOUT 23 YEARS, 2. SRI. H KUMARAIAH S/O HANUMANTHAIAH AGED ABOUT 55 YEARS, 3. KUM. LASYA D/O LATE MANJUNATH AGED ABOUT 2 YEARS, (SINCE APPELLANT NO.3 IS MINOR SHE IS REP. BY HER MOTHER SMT. NAGARATHNAMMA) ALL ARE R/AT RAMANAHALLI KANDIKERE HOBLI 2 CHIKKANAYAKANAHALLI TALUK HANUMANTANAHALLI TUMKUR. … APPELLANTS (BY SRI. GURUDEVA PRASAD K T , ADVOCATE) AND: 1. SRI VINAYA KUMAR S/O MANJUNATH, NO.196, CHODESHWARI NILAYA, WHITEFIELD, NEAR SHELL PETROL PUMP, SEEGEHALLI, BENGALURU-560067. 2. JOHN BOSCO F FLAT NO.A-3, 2ND FLOOR, IND WINGS GLORY APARTMENTS, 1ST MAIN, WIND TUNNEL ROAD MURGESHPALYA, HAL BENGALURU-560017. 3. THE NEW INDIA ASSURANCE COMPANY LTD., TP-HUB, MAHALAKSHMI CHAMBERS, 1ST FLOOR, M G ROAD, BENGALURU-560001. REP BY ITS MANAGER. …RESPONDENTS (BY SRI. K NAGARAJAIAH, ADVOCATE FOR R-3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.06.2019 PASSED IN MVC NO. 4112/2018 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M MEMBER, M.A.C.T., MAYO HALL UNIT, BENGALURU 3 (SCCH-20), 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 – 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.15,00,000/- (Rupees Fifteen 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 preparation of 4 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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed 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 srk