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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. V KAMESWAR RAO, ACTING CHIEF JUSTICE
&
MR. SHANTHI BHUSHAN H., MEMBER
M.F.A.No. 4812/2023 (Lok Adalat No.2785/2025) BETWEEN
1 . BASAMMA, W/O LATE DASARI MUTTAIH, AGED ABOUT 50 YEARS,
2 .
DASAR PALAIAH S/O LATE DASARI MUTTIAH, AGED ABOUT 40 YEARS,
3 . JAYAMMA D/O LATE DASARI MUTTIAH, AGED ABOUT 33 YEARS,
4 .
D M PAPANNA S/O LATE DASARI MUTTIAH, AGED ABOUT 28 YEARS,
5 .
D M PUNITHA KUMAT S/O LATE DASARI MUTTIAH, AGED ABOUT 17 YEARS, MINOR REP. BY HIS MOTHER/NATURAL GUARDIAN
2 APPELLANT NO.1 SMT. BASAMMA, W/O LATE DASARI MUTTAIAH, MOLAKALMURU TALUK, CHITRADURGA DISTRICT - 577 501.
ALL ARE R/O. MYSARAHATTI, RAYAPURA, MOLAKALMURU TALUK, CHITRADURGA DISTRICT – 577501 AND APPELLANT NO.4 AT PRESENT R/O. AYITHOLU VILLAGE, CHITRADURGA TALUK AND DISTRICT. ...APPELLANTS (BY SRI. B PRAMOD, ADVOCATE)
AND
1 . UDAYAKUMAR G S/O SHIVAKUMAR, MAJOR, OWNER OF MOTOR CYCLE KA 51HJ 2019, R/O NO 9B/99, FIRST FLOOR, GRAID FEEDS LAYOUT, HOMMADEVANAHALLI, NEAR RAMAMANDIRA TEMPLE, BENGALURU - 560 083.
2 . THE BRANCH MANAGER LIBERTY GENERAL INSURANCE CO LTD, 21/15, THE LAND MARK, 4TH FLOOR, MAHATHMAGANDHI ROAD, NEAR TRINIT METRO, BENGALURU - 560 001.
3 . PARIMALA D/O LATE DASARI MUTTAIAH, AGED ABOUT 23 YEARS, R/O MYSARAHATTI, RAYAPURA,
3 MOLAKALMURU TALUK, CHITRADURGA DISTRICT - 577 501. …RESPONDENTS (BY SRI. B PRADEEP, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 22.12.2022 PASSED IN MVC NO.
507/2021 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND M.A.C.T NO. V, CHITRADURGA, 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
We mark the presence of Sri. Manjunath G., Zonal Manager of Respondent No.2-Liberty General Insurance Company.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the
learned counsel for the appellant/ claimant (being authorized by the appellant/claimant to sign) and by the Authorized Officer of Respondent No.2, duly signed by its counsel, is filed before the Lok Adalath.
3. The appellants-claimants have agreed to receive and the Respondent-Insurance Company has agreed to pay a lump-sum of Rs.2,66,000/- (Rupees Two Lakhs Sixty Six Thousand only), in
4 addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
4. 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.
5. Out of the enhanced compensation of Rs.2,66,000/-, an amount of Rs.15,000/- (Rupees Fifteen Thousand only) each shall be released in favour the Appellants/Claimants No.2, 3 & 4 (Rs.15,000x3=Rs.45,000/-), on proper identification.
(a) The balance amount of Rs.2,21,000/- shall be divided among the Appellants/Claimants No.1 & 5 and Respondent No.3 (The Petitioner/Claimant No.5 before the Tribunal) in the proportion/ratio of 50:25:25 respectively (i.e., Rs.1,10,500/-, Rs.55,250/- & Rs.55,250/-) (b) The amount of Rs.1,10,500/- which falls to the share of Appellant/Claimant No.1 and an amount of Rs.55,250/- which falls to the share of Respondent No.3 in the appeal (Petitioner
5 No.5/Claimant No.5 before the Tribunal) shall be released in their favour, on proper identification. (c) In so far as the Appellant No.5/Claimant No.6- D.M. Punitha Kumat, who has attained majority as on date is concerned, the amount of Rs.55,520/- pertains to his share shall be deposited in High Interest Yielding Fixed Deposit, in any Nationlised/Scheduled Bank, for a period of 02 years.
6. It is clarified that the order of the Tribunal in respect of distribution of the compensation thereof has not been varied.
7. The 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/- ACTING CHIEF JUSTICE
Sd/- MEMBER KGR*