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2025 DAILYLAW 68988 (KAR)

SRI K A DALI v. THE MANAGER

MFA/3569/2022 · 2025-04-26

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 26TH DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE ASHOK S.KINAGI & SRI. NAMAN VANKDARI, MEMBER M.F.A.No.3569/2022 (MV) (Lok Adalat No.2004/2025) BETWEEN 1 . SRI K A DALI, S/O K M AIYAPPA, AGED 58 YEARS. 2 . SMT K D GIRIJA, W/O K A DALI, AGED 43 YEARS. 3 . SRI K D RAKSHITH, S/O K A DALI, AGED 29 YEARS , ALL ARE R/AT THAKERI VILLAGE, SOMWARPETE HOBLI AND TQ, KODAGU DSIT 571236. ...APPELLANTS (By SRI. VENUGOPAL M S., ADVOCATE) 2 AND 1 . THE MANAGER, NEW INDIA ASSURANCE COMPANY LIMITD, B-3, ARVIND COMPLEX, B M ROAD, SAKLSHPURA, HASSAN DIST 573127. 2 . SRI.ERAPPA H S, S/O SOMAIAH H S, MAJOR, HARAGA VILALGE AND POST, SOMWARPET TQ, KODAGU DIST, PIN: 571236. RESPONDENTS (BY SMT. UTTUR PADMAVATI SURESH., ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2018 PASSED IN MVC NO.127/2017 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND MACT, KODAGU MADIKERI, 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. 3 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 filed. The appellants-claimants have agreed to receive and the respondent- Insurance Company has agreed to pay a lump-sum of Rs.10,00,000/- (Rupees Ten 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. Out of the enhanced compensation amount to be deposited by the Insurance Company, 25% is directed to be invested in Fixed Deposit in the name of the appellants/claimants in any Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years with liberty to the appellant/claimant to withdraw the interest periodically. The remaining 75% of the amount is ordered to be released in favour of the appellants / claimants, on proper identification. 4 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