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High Court of Karnataka · body

2025 DAILYLAW 68054 (KAR)

SMT. HELLAN BABY. C v. SRI. MOGANNA GOWDA. B. V.

MFA/1929/2025 · 2025-07-12

Lok Adalath

Transfer Petitionbody2025

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 VIJAYKUMAR A PATIL & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No. 1929/2025 (MV) (Lok Adalat No.6601/2025) BETWEEN 1 . SMT. HELLAN BABY. C W/O. CHANDRASHEKAR M AGED ABOUT 38 YEARS 2 . MISS. VARSHA C D/O. CHANDRASHEKAR M AGED ABOUT 16 YEARS, THE APPELLANT NO. 2 IS MINOR REP BY THEIR MOTHER/ NATURAL GUARDIAN I.E., APPELLANT NO.1. BOTH ARE RESIDING AT NO.J-42, 6TH CROSS, 1ST MAIN, MAHALAKSHMIPURAM, 2 MAHALAKSHMIPURAM LAYOUT, BENGALURU-560 086. …APPELLANTS (BY SRI RANGEGOWDA N R, ADVOCATE) AND 1 . SRI. MOGANNA GOWDA. B. V. S/O. VENKATEGOWDA, AGED MAJOR, R/AT. SHIRADANAHALLI, MALLIPATNA, ARAKALGUD TALUK, HASSAN-573 102. 2 . THE NEW INDIA ASSURANCE CO. LTD., REP BY ITS MANAGER, R/AT. MOTOR TP CLAIMS HUB, NO.92, 2ND FLOOR, MAHALAKSHMI CHAMBERS, MG ROAD, BENGALURU-560 001. 3 . SRI. CHANDRASHEKAR M S/O. LATE MUNISWAMY REDDY R/AT. NO.25, 6TH CROSS, NEAR SHOOTING HOUSE, C.V.GARDEN, PANTHRAPALYA, BENGALURU-560 039. …RESPONDENTS (BY SRI.E I SANMATHI, ADVOCATE FOR R-2) MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.09.2024 PASSED IN MVC NO.1563/2023 ON THE FILE OF THE VIII ADDITIONAL JUDGE AND COURT OF SMALL CAUSE TITLE AND ACJM, MOTOR ACCIDENT CLAIMS TRIBUNAL BENGALURU (SCCH-5), PARTLY 3 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: 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 appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent - Insurance Company and its authorized officer is filed. The appellant-claimant have agreed to receive and the respondent -Insurance Company has agreed to pay a lump-sum of Rs.1,62,604/- (Rupees One Lakh Sixty Two Thousand Six Hundred and Four 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 4 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 entire enhanced compensation amount shall be released in favour of the appellant No.1 / claimant No.1, on proper identification. 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 srk