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2025 DAILYLAW 67551 (KAR)

BHOOMIKA v. SHAMEER PARNEEZ

MFA/5038/2022 · 2025-07-12

Lok Adalath

body2025

Judgment text

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1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE 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 C. M. JOSHI & SRI. RAJASHEKAR. K, MEMBER M.F.A.No.5038/2022 (MV-D) (Lok Adalat No.6436/2025) BETWEEN: 1 . BHOOMIKA, D/O LATE MANJUNATH, AGED ABOUT 8 YEARS, 2 . LAKKAMMA, W/O LATE OBALAIAH, AGED ABOUT 60 YEARS, THE APPELLANT NO.1 BHOOMIKA IS MINOR THE APPELLANT NO.2 IS REPRESENTING THE APPELLANT NO.1 AS NATURAL GUARDIAN. BOTH ARE RESIDING AT, A.K. COLONY, MELEKOTE ROAD, KURIPALYA, TUMAKURU -577101. PRESENT R/AT SATHYA MANAGALA VILLAGE, KASABA HOBLI, 2 TUMAKURU TALUK AND DISTRICT-577101. ...APPELLANTS (BY SRI. MALLIKARJUNA DODDABASAVARAJAPPA RYAKHA, ADVOCATE) AND: 1 . SHAMEER PARNEEZ, S/O KHALEEL AHMED, AGED ABOUT 45 YEARS, R/AT 10TH CROSS, BADDIHALLI, KRISHNA NAGAR, KYATHSANDRA, TUMKURU -577101. 2 . THE MANAGER, ICICI LOMBARD GENERAL INSURANCE CO., LTD., KRISHNA ARCADE, 1ST FLOOR, 2ND CROSS ABOVE CITY UNION BANK, M.G.ROAD, TUMAKURU -577101. …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.11.2021 PASSED IN MVC NO. 1346/2019 ON THE VII ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT, TUMAKURU, 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: 3 CONCILIATION ORDER The learned Counsel appearing for the Appellant/s - Claimant/s 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/s/- claimant/s (being authorized by the appellant/s/-claimant/s to sign) and the learned advocate appearing for the respondent-Insurance Company Ltd., and its authorized officer is filed. The appellant/s- claimant/s has/have agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs.20,000/- (Rupees Twenty 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 4. After negotiation between the parties and their counsels, it is agreed between the parties that, minor guardian of the petitioner shall be entitled for the interest that may be accrued on the compensation awarded by the Tribunal and also, the additional amount awarded under this settlement award. 5. In view of settlement between the parties, the above effects were satisfied that, such settlement is in the interest of justice and equity and also in the interest of minor appellant No.1. We have noticed that the Tribunal had not made any arrangement for the maintenance of the minor child by the minor guardian who is none other than the grand mother of the appellant No.1. In that view of the matter, the joint memo filed by way of settlement which states that, the interest accrued on the compensation amount awarded by the Tribunal as well as by way of the above settlement shall be kept in a Fixed Deposit in a Nationalized Bank of the choice of the minor guardian with a liberty to withdraw the interest accrued at every quarter. 6. We have also noticed that the rider put by the Tribunal that, in case of death of the minor appellant No.1, it should go to the State is also not supported by any statute. Therefore, the settlement to the 5 effect that, in case of any such eventuality, the provisions of the personal law of the petitioner would take effect. 7. Hence, this Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stands modified accordingly. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER SHS