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2025 DAILYLAW 68845 (KAR)

SMT GOWRAMMA v. BHARATHI AXA GENERAL

MFA/3389/2017 · 2025-07-12

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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.3389/2017 (MV-D) (Lok Adalat No.311/2025) BETWEEN: 1. SMT. GOWRAMMA, W/O LATE K BYLAPPA, AGED ABOUT 49 YEARS. 2. SMT. N. B. BHAGYA, D/O LATE K. BYLAPPPA, AGED ABOUT 31 YEARS. 3. SMT. POORNIMA. B, D/O LATE K. BYLAPPA, AGED ABOUT 29 YEARS. 4. SMT. SHUBHA. B, D/O LATE K. BYLAPPA, AGED ABOUT 27 YEARS, APPELLANT NO.1, 3 AND 4 ARE R/AT NO 3787, THALAKADU SUBBARAO STREET, NELAMANGALA, BANGALORE 2 RURAL DISTRICT, PIN - 562123 ...APPELLANTS (BY SRI. SUPREETH P, ADVOCATE) AND: 1. BHARATHI AXA GENERAL INSURANCE CO. LTD., SURVEY NO 28, 1ST FLOOR, THE FERNS ICON, NEXT TO AKME BALLET, DODDANEKKUNDI, OFF. OUTER RING ROAD, BENGALURU - 560037. REP. BY ITS MANAGER. 2. MR. RENUKA PRASAD, S/O. SHANTHA KUMAR, NO 3907, YAJAMANARABEEDI, NELAMANGALA, BENGALURU RURAL DISTRICT - 562123. …RESPONDENTS (BY SRI. PRADEEP B, ADVOCATE FOR R1) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.01.2017 PASSED IN MVC NO. 2472/2016 ON THE III ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MACT COURT OF SMALL CAUSES, BANGALORE (SCCH-18), 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 Appellants - Claimants are 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 Ltd., and its authorized officer is filed. The appellants - claimants has/have agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs.2,80,000/- (Rupees Two Lakh Eighty 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. 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 SHS