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2025 DAILYLAW 69895 (KAR)

SMT. NAGARATHNAMMA v. MAHESH A

MFA/4098/2022 · 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 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. 4098/2022(MV) (Lok Adalat No. 2762/2023) BETWEEN 1. SMT. NAGARATHNAMMA W/O LATE AVALAPPA, AGED ABOUT 67 YEARS 2. KUM. DRAVYA MAHESH D/O MAHESH AGED ABOUT 10 YEARS, SINCE MINOR REPRESENTED BY HER GRANDMOTHER, SMT. NAGARATHNAMMA, AGED ABOUT 67 YEARS, BOTH ARE R/AT NO. 10, INDLAWADIPURAM, THAMMANAYAKANAHALLI, ANEKAL, BENGALURU-562 106. … APPELLANTS (BY SRI. K.V. NAIK, ADVOCATE) 2 AND: 1. MAHESH A MAJOR, NO.10, INDLAWADIPURA, THAMMANAYAKANAHALLI, ANEKAL, BENGALURU-562 106, (RC OWNER OF CAR BEARING REG NO. KA-51-MB-2114) 2. THE MANAGER TATA AIG GENERAL INSURANCE COMPANY LIMITED, NO.69, 3RD FLOOR J.P. & DEVI JUMBUKESHWARA, ARCADE, MILLER'S ROAD, BENGALURU-560 052. (POLICY NO. 015293886705 VALID FROM 31/03/2019 TO 30/03/2020) …RESPONDENTS (BY SRI. B PRADEEP, ADVOCATE FOR R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.12.2021 PASSED IN MVC NO.2998/2019 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE, ACMM AND MEMBER, MACT, BENGALURU(SCCH- 23). PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 3 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 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.4,50,000/- (Rupees Four 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 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 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 srk