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2025 DAILYLAW 55860 (KAR)

BHARATHI B v. PRAKASH

MFA/3737/2025 · 2025-07-12

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 12TH DAY OF JULY 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE G. BASAVARAJA & SRI. VIJAYAKUMAR MAJAGE, MEMBER M.F.A.No.3737/2025 (MV-D) (Lok Adalat No.5423/2025) BETWEEN 1. BHARATHI B W/O LATE MAHESH K.L. AGED ABOUT 49 YEARS, 2. SANTHOSH N.M. S/O LATE MAHESH K.L. AGED ABOUT 32 YEARS, BOTH ARE RESIDING AT NAGAMANGALA VILLAGE, HANAGODU HOBLI, HUNSUR TALUK, MYSURU DISTRICT -571 105 3. SANGEETHA V.B. W/O BHARATH KUMAR V.S. D/O LATE MAHESH K.L. AGED ABOUT 30 YEARS R/AT NERALAKUPPE VILLAGE, HANAGODU HOBLI, HUNSUR TQ., MYSURU DISTRICT-571 105 ...APPELLANTS (BY SRI. SYED ABDUL SABOOR, ADV.) 2 AND 1. PRAKASH S/O VENKATAPPA AGED ABOUT 42 YEARS R/AT 948-1 CHIKKAHARA VILLAGE DHANAHALLI, MALALAVADI MYSURU DISTRICT-570 011 2. THE MANAGER NEW INDIA ASSURANCE CO. LTD., NO.876/C, 2ND FLOOR, OPP. TO LAKSHMIPURAM POLICE STATION JLB ROAD, LAKSHMIPURAM MYSURU-570 004 …RESPONDENTS (BY SRI. G. S. MARULAIAH., ADV. FOR R2.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.03.2025 PASSED IN MVC NO. 988/2023 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, 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 - 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 appellant/claimants 3 and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellant-claimants have agreed to receive and the respondent -Insurance Company has agreed to pay a lump-sum of Rs.40,000/- (Rupees Forty 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 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 lnn