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2025 DAILYLAW 71480 (KAR)

SMT. SAROJAMMA B v. BARATH

MFA/133/2025 · 2025-12-13

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 13TH DAY OF DECEMBER 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE T.M. NADAF & SRI. I.S. PRAMOD CHANDRA, MEMBER M.F.A.No.133/2025(MV-D) (Lok Adalat No.8399/2025) BETWEEN: 1. SMT. SAROJAMMA, B., W/O LATE MARIYAPPA, AGED ABOUT 57 YEARS, 2. A.M. CHETHAN KUMAR, S/o. LATE MARIYAPPA, AGED ABOUT 34 YEARS, 3. A.M. CHANDHU KUMAR, S/O LATE MARIYAPPA, AGED ABOUT 30 YEARS, ALL ARE R/AT NO.126, 5TH MAIN, 1ST CROSS, BRUNDAVAN NAGARA, TAVEREKERE, BENGALURU – 562 130. ...APPELLANT (BY SRI. VIVEKANANDA T.P., ADVOCATE) Digitally signed by DEEPU M Location: HIGH COURT OF KARNATAKA 2 AND: 1. BHARATH, S/O NINGEGOWDA, R/AT NO.161/C, MALUR PATNA, CHANNAPATNA TALUK, RAMANAGARA DISTRICT. 2. THE NEW INDIA ASSURANCE COMPANY LIMITED, R/AT NO.2241/4, GIRIAMMA SHAMBUGOWDA COMPLEX, CHURCH ROAD, CHANNAPATNA BRANCH – 670 104. KARNATAKA, REPRESENTED BY ITS BRANCH MANAGER …..RESPONDENTS (BY SRI. ASHOK N. PATIL, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.07.2024 PASSED IN MVC NO.458/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAPATNA, 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 through video conferencing/physical hearing. The learned Counsel appearing 3 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. 1,45,000/- (Rupees One Lakh Forty Five 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. The entire enhanced compensation amount shall be released in favour of the appellant / claimant, 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 TMP