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2025 DAILYLAW 67866 (KAR)

SMT RATHNAMMA v. CHAMUNDESHWARI ENTERPRISES

MFA/7211/2021 · 2025-09-13

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 13TH DAY OF SEPTEMBER, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE C M JOSHI & MR.NAGARAJA REDDY D., MEMBER M.F.A.No.7211/2021 (MV-D) (Lok Adalat No.5903/2025) BETWEEN: 1. SMT RATHNAMMA W/O LT DEVAPPA, AGED ABOUT 45 YEARS. 2. D. PRATHAP D/O LT DEVAPPA AGED ABOUT 36 YEARS. BOTH ARE R/AT GANGA BEEDI, MEGLAKERI, MALAVALLI TOWN AND TALUK , PRESENT ADDRESS: C/O JAYAMMA W/O BASAVANNA, MARAKADUDODDI VILLAGE, KASABA HOBLI, MANDYA TALUK AND DISTRICT 571 401. …APPELLANT (BY SRI./SMT : NAGESH M., ADVOCATE) 2 AND: 1. CHAMUNDESHWARI ENTERPRISES NO. 88/5 RICHMAND ROAD, BENGALURU 560 001. 2 . BRANCH MANAGER UNITED INDIA INSURANCE CO LTD KAMBALI BUILDING BANGALURU MYSURU ROAD, MANDYA CITY 571 401. …RESPONDENTS (BY SRI./SMT : B.C.SHIVANNE GOWDA, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 13.02.2019, PASSED IN MVC NO.264/2018, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AND MACT, MANDYA, 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 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 3 filed. The appellants-claimants have agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs. 5,00,000/- (Rupees Five 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 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 TIN/-