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2025 DAILYLAW 67048 (KAR)

THE DIVISIONAL MANAGER v. SMT. SHIVALINGAMMA

MFA/4917/2023 · 2025-04-26

Lok Adalath

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Judgment text

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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 R. DEVDAS & SRI. RAJASHEKAR K. MEMBER M.F.A.NO. 4917/2023 (MV) (Lok Adalat No.3820/2025) BETWEEN: 1 . THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., ADICHUNCHANAGIRI ROAD, NEAR R.M.P. QUARTERS, KUVEMPU NAGARA, MYSURU - 570 023, (POLICY NO.610300311910022464, VALID FROM 21/3/2020 TO 20/03/2021), REPRESENTED BY THE REGIONAL MANAGER, NATIONAL INSURANCE CO. LTD., NO.144, II FLOOR, SHUBHARAM COMPLEX, M. G. ROAD, BANGALORE - 560 001. ...APPELLANT (BY SMT. MANJULA NEMICHANDRA TEJASWI., ADVOCATE) AND 1 . SMT. SHIVALINGAMMA, W/O HOMBEGOWDA, AGED ABOUT 60 YEARS, R/AT. ATTAHALLI VILLAGE, 2 BANNUR HOBLI, T. NARASIPURA TALUQ, MYSURU DISTRICT - 570 001. 2 . SRI HOMBEGOWDA, S/O LATE HOMBAIAH, AGED ABOUT 72 YEARS, R/AT. ATTAHALLI VILLAGE, BANNUR HOBLI, T. NARASIPURA TALUQ, MYSURU DISTRICT - 570 001. 3 . SRI SURESH P. B. S/O BASAVARAJAPPA P. U., AGED MAJOR, R/AT GONIVADA VILLAGE, MATTI POST, DAVANAGERE DISTRICT - 577 001. …RESPONDENTS (BY SRI. RAGHU R., ADVOCATE; SRI. PRAKASH H. C., ADV FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.04.2023 PASSED IN MVC NO. 416/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE, J.M.F.C. AND MACT, T.N.PURA, MYSORE, AWARDING COMPENSATION OF RS. 22,87,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION OF THE COMPENSATION AMOUNT FROM THE RESPONDENTS. 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 Appellant - Insurance Company along with its representative are present. The learned Counsel appearing for the Respondents – claimants is present. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the respondents/claimants (being authorized by the respondents/claimants to sign) and the learned advocate appearing for the Appellant - Insurance Company and its authorized officer is filed. The respondents-claimants have agreed to receive and the appellant - Insurance Company has agreed to pay a lump-sum of Rs.21,26,000/- (Rupees Twenty One Lakh Twenty Six Thousand only), with 6% interest p.a. from the date of petition till deposit instead of Rs.22,87,000/- with interest @ 9% p.a. awarded by the Tribunal, in full and final settlement of the claim. 3. The Appellant - 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. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. 4 4. The apportionment, deposit and release of the modified 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 AMA