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2025 DAILYLAW 67946 (KAR)

SMT. SHIVAMMA v. SRI. RAMESH. K. P.

MFA/3471/2024 · 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 VENKATESH NAIK T. AND SRI POOJAPPA J., MEMBER MISCELLANEOUS FIRST APPEAL NO.3471 OF 2024 (MV-D) (LOK-ADALAT NO.3038 OF 2024) BETWEEN: 1. SMT. SHIVAMMA WIFE OF LATE ESHWARAPPA ALIAS ESHWAREGOWDA B. T. AGED ABOUT 50 YEARS. 2. LATHA B. E. DAUGHTER OF LATE ESHWARAPPA ALIAS ESHWAREGOWDA B. T. AGED ABOUT 30 YEARS. 3. NAVYA DAUGHTER OF LATE ESHWARAPPA ALIAS ESHWAREGOWDA B. T. AGED ABOUT 28 YEARS. 4. SRI VIJAY KUMAR B. E. SON OF LATE ESHWARAPPA ALIAS ESHWAREGOWDA B. T. AGED ABOUT 26 YEARS. ALL ARE RESIDING AT BASAVANAHALLI VILLAGE H. KOTHANURU POST KANAKAPURA TALUK RAMANAGARA DISTRICT. ...APPELLANTS (BY SRI RAJU S., ADVOCATE) 2 AND: 1. SRI RAMESH K. P. SON OF PUTTASWAMIGOWDA AGED MAJOR RESIDING AT NO.7, H. KOTTANURU KANAKAPURA TALUK RAMANAGARA DISTRICT. 2. THE UNITED INDIA INSURANCE COMPANY LIMITED NO.2, 1ST FLOOR, NEHRU ROAD KAMMANAHALLI BENGALURU - 560 005 REPRESENTED BY ITS MANAGER. …RESPONDENTS (BY SRI L. SREEKANTA RAO, ADVOCATE, FOR R-2, & NOTICE TO R-1 IS DISPENSED WITH VIDE ORDER DATED 20.8.2024) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 27.10.2023 PASSED IN M.V.C. NO.29 OF 2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., AND ADDITIONAL M.A.C.T., CHANNAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR CONCILIATION BEFORE THE NATIONAL LOK-ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned counsel appearing for the appellants-claimants and 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 counsel appearing for the appellants- claimants and the learned counsel appearing for the respondent- Insurance Company and its Authorised Officer is filed. The appellants- 3 claimants have agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs. 1,50,000/- (Rupees one lakh fifty 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 a period of six weeks' from the date of preparation of award, failing which, the said amount shall carry interest at the rate of 9% per annum 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 Tribunal. 5. This miscellaneous first appeal stands disposed off 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 kvk