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2025 DAILYLAW 72764 (KAR)

HEMAKASHAMMA v. P K ABDUL AHAMAD

MFA/2669/2024 · 2025-09-13

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 SEPTEMBER, 2025 CONCILIATORS PRESENT THE HON'BLE MR. JUSTICE VENKATESH NAIK T. AND SRI POOJAPPA J., MEMBER MISCELLANEOUS FIRST APPEAL NO.2669 OF 2024 (MV-D) (LOK-ADALAT NO.5843 OF 2025) BETWEEN: 1. HEMAKASHAMMA W/O LATE RAJACHARI, AGED ABOUT 48 YEARS. 2. ANITHA D/O LATE RAJACHARI, W/O RAJAGOPALA D.N., AGED ABOUT 31 YEARS, RESIDING AT GUMMANAKOLLI, KUSHALANAGARA, MULLUSOGE, KODAGU DISTRICT - 571 234. 3. MOHANA S/O LATE RAJACHARI, AGED ABOUT 29 YEARS. APPELLANT NOS.1 & 3 ARE RESIDING AT SOLEKOTE, HARANAHALLI HOBLI, PERIYAPATTANA TALUK, HONNAPURA, MYSURU DISTRICT - 571 187. ...APPELLANTS (BY SRI SYED ABDUL SABOOR, ADVOCATE) 2 AND: 1. MR. P.K. ABDUL AHAMAD S/O LATE PALLIKUNHI HAJI, AGED ABOUT 41 YEARS, RESIDING AT KALLURU HOUSE, VARKADI, MANJESHWAR, VARKADI, KASARAGODU, KERALA DISTRICT - 671 323. 2. MANAGER ORIENTAL GENERAL INSURANCE CO. LTD., MUSLIM HOSTEL BUILDING, 1ST MAIN ROAD, SARASWATHIPURAM, OPPOSITE TO FIRE BRIGADE, MYSURU - 570 009. …RESPONDENTS (BY SRI V.R. DATAR, ADVOCATE, FOR R-2) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 03.11.2023 PASSED IN M.V.C. NO.996 OF 2022 ON THE FILE OF THE COURT OF ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE, M.A.C.T., MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR CONCILIATION BEFORE THE NATIONAL LOK-ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned counsel appearing for the appellants-claimants and 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 counsel appearing for the appellants- claimants and the learned counsel appearing for the respondent- 3 Insurance Company and its Authorised Officer is filed. The appellants- claimants has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.20,000/- (Rupees twenty 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 a period of six weeks' from the date of preparation of award, failing which, the said amount shall carry interest at the rate of 9% per annum from the date of default, till the date of deposit. 4. The entire enhanced compensation amount shall be released in favour of the appellants-claimants, on proper identification. 5. This miscellaneous first appeal stands disposed off 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 kvk