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2025 DAILYLAW 72076 (KAR)

SMT KAVITHA v. SRI P OMKHARA

MFA/2175/2022 · 2025-09-13

Lok Adalath

body2025

Judgment text

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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 13TH DAY OF SEPTEMBER, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR & SMT.ARCHANA.K.M., MEMBER M.F.A.No.2175/2022 (MV- D) (Lok Adalat No.6954/2025) BETWEEN: 1. SMT KAVITHA W/O LATE GOVINDA RAJU K R AGED ABOUT 42 YEARS 2. MARUTI W/O LATE GOVINDA RAJU K R AGED ABOUT 23 YEARS BOTH ARE R/O BELALAMAKKI SAGAR TOWN SHIVAMOGGA DISTRICT 577 401 …APPELLANTS (BY SRI. PRUTHVI WODEYAR, ADVOCATE) AND: 1. SRI P OMKHARA S/O PUTTAYYA GOWDA AGED ABOUT 58 YEARS R/AT SAGAR TALUK 2 SHIVAMOGGA DISTRICT 577 401 2 . THE MANAGER SGMT COMPANY B H ROAD SAGAR TOWN 577 401 OWNER OF THE BUS, KA-15/6070 3. THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO LTD., AKS COMPLEX ASHOK ROAD SAGAR, SHIVAMOGGA DISTRICT 577 401 …RESPONDENTS (BY SRI. P B RAJU ADVOCATE FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.27.05.2021 IN MVC NO.526/2019 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, SHIVAMOGGA, SITTING AT SAGAR, 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 appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.5,85,000/- (Rupees Five Lakh Eighty Five Thousand), 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 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 4 memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER RCK/-