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2025 DAILYLAW 68076 (KAR)

SMT. LATHA. D. L. v. THE MANAGING DIRECTOR

MFA/962/2024 · 2025-09-13

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 13TH DAY OF SEPTEMBER, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR & SMT.ARCHANA.K.M., MEMBER M.F.A.No.962/2024 (MV-I) (Lok Adalat No.6960/2025) BETWEEN: 1. SMT. LATHA. D. L. W/O. C. S. MADHU, ADVOCATE BY PROFESSION, AGED ABOUT 44 YEARS, PRESENTLY RESIDING AT F-2, ANUGRAHA APARTMENTS, NO. 10, 10TH CROSS, PRASHANTHANAGAR, BANGALORE-560 079. …APPELLANT (BY SRI.MADHU.C.S, ADVOCATE) AND: 1. THE MANAGING DIRECTOR M/S. HANUMAN TRANSPORT CO. (PO. LTD., NO. 76, BADAGABETTU, CHITPADY, UDUPI-576 101. 2 2 . THE ORIENTAL INSURANCE COMPANY LTD, (A GOVERNMENT OF INDIA UNDERTAKING) CORPORATION AND REGISTERED OFFICE ORIENTAL HOUSE, A025/27, ASAF ALI ROAD, NEW DELHI-110 001, REPRESENTED BY ITS GENERAL MANAGER. (POLICY NO. 472700/31/2018/3502 (FROM 27.09.2017 TO 26.09.2018) …RESPONDENTS (BY SRI.K.NAGARAJAIAH ADV FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.17.04.2023 PASSED IN MVC NO.3923/2019 ON THE FILE OF THE MACT, COURT OF SMALL CAUSES, BENGALURU, (SCCH-24), C/c. XXII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, BENGALURU, 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 Appellant - Claimant is present. The learned Counsel appearing for the Respondent No.2– 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 No.2 - Insurance Company and its authorized officer is filed. The 3 appellant-claimant has agreed to receive and the respondent No.2 - Insurance Company has agreed to pay a lump-sum of Rs.90,000/- (Rupees Ninety Thousand), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The Respondent No.2 - 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 entire enhanced compensation amount shall be released in favour of the appellant / claimant, 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 RCK/-