Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 73223 (KAR)

JAYAMMA v. RAGHU B G

MFA/7091/2017 · 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.7091/2017 (MV) (Lok Adalat No.5463/2025) C/w M.F.A.No.4871/2017 (MV) (Lok Adalat No.5477/2025) IN M.F.A. NO.7091/2017: BETWEEN 1 . JAYAMMA, W/O. LATE HANUMANTHARAYAPPA, NOW AGED ABOUT 42 YEARS. 2 . MANJUNATHA G.H., S/O. LATE HANUMANTHARAYAPPA, NOW AGED ABOUT 34 YEARS. 3 . RAMU, S/O. LATE HANUMANTHARAYAPPA, NOW AGED ABOUT 32 YEARS. 4 . LALITHAKUMARI H., D/O. LATE HANUMANTHARAYAPPA, NOW AGED ABOUT 30 YEARS. 5 . LAKSHMI G.H., D/O. LATE HANUMANTHARAYAPPA, 2 NOW AGED ABOUT 24 YEARS. ALL ARE R/AT LAKKAPPA NAGARA, KYADALA ROAD, GULUR, GULUR HOBLI, TUMKUR (T) & (D). …APPELLANTS (BY SRI. RAGHU R., ADVOCATE) AND 1 . RAGHU B.G., S/O. GANGADHARAIAH H., NOW AGED ABOUT 47 YEARS, R/AT NO.3, HUCHEGOWDANAPALYA, GUNNAGERE POST, KOTTAGERE HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT. 2 . THE MANAGER, SHRIRAM GENERAL INS. CO. LTD., NO.5/4, 3RD FLOOR, S.V. ARCADE, BILAKAHALLI MAIN ROAD, OPP. B.G.ROAD, IIM POST, BANGALORE - 560 076. ... RESPONDENTS (BY SRI. HARINATH J.S., ADVOCATE FOR R-1 SRI. O. MAHESH, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.01.2017 PASSED IN MVC NO.1165/2015 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE & IV MACT, AT TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 3 IN M.F.A. NO.4871/2017: BETWEEN 1 . SRIRAM GENERAL INSURANCE COMPANY LIMITED, NO.5/4, 3RD FLOOR, S.V. ARCADE, BILAKAHALLI MAIN ROAD, OPP. B.G. ROAD, IIM POST, BANGALORE - 560 076 BY ITS MANAGER. … APPELLANT (BY SRI. O. MAHESH, ADVOCATE) AND 1 . JAYAMMA, AGED ABOUT 42 YEARS, W/O. LATE HANUMANTHARAYAPPA. 2 . MANJUNATH G.H., AGED ABOUT 34 YEARS, S/O. LATE HANUMANTHARAYAPPA. 3 . RAMU, AGED ABOUT 32 YEARS, S/O. LATE HANUMANTHARAYAPPA. 4 . LALITHAKUMARI H., AGED ABOUT 30 YEARS, D/O. LATE HANUMANTHARAYAPPA. 5 . LAKSHMI G.H., AGED ABOUT 24 YEARS, D/O. LATE HANUMANTHARAYAPPA. ALL ARE R/AT LAKKAPPANAGAR, KYDALA ROAD, GULUR POST, 4 GULUR HOBLI, TUMAKUR TALUK AND DISTRICT - 572 101. 6 . RAGHU B.G., AGED ABOUT 47 YEARS, S/O. GANGADHARAIAH H., R/AT NO.3, HUCHEGOWDANAPALYA, GUNNAGERE POST, KOTTAGERE HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 101. … RESPONDENTS (BY SRI. RAGHU R, ADVOCATE FOR R1 R2, R3, R4 & R6 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.01.2017 PASSED IN MVC NO.1165/2015 ON THE FILE OF THE III ADDL. DISTRICT JUDGE AND IV MACT AT TUMAKUR, AWARDING COMPENSATION OF RS.7,38,600/- ALONG WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. THESE APPEALS 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. 5 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.16,00,000/- (Rupees Sixteen Lakhs only) instead of Rs.7,38,600/- with interest at 6% p.a. awarded by the Claims Tribunal, in full and final settlement of the claim. 3. The Respondent - Insurance Company has agreed to deposit the said balance 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. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. The amount in excess if any, shall be refunded to the appellants / claimants. 4. The apportionment, deposit and release of the modified compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 6 5. Accordingly, M.F.A. No.7091/2017 filed by the appellants – claimants stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in M.F.A. No.7091/2017 filed by the appellants – claimants, the connected M.F.A. No.4871/2017 filed by the respondent – Insurance Company is hereby disposed. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER ABK