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2025 DAILYLAW 73265 (KAR)

SMT. S. PADMA v. THE ORIENTAL INS. CO., LTD.,

MFA/801/2024 · 2025-04-26

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR & SRI M.N.UMASHANKAR, MEMBER M.F.A.NO.801/2024 (MV-D) (Lok Adalat No. 2030/2025) BETWEEN 1. Smt. S.Padma W/o Late G.Sampath Kumar Aged about 42 years, 2. Sree Vidiya S D/o Late G.Sampath Kumar Aged about 24 years, 3. Kavitha S D/o Late G.Sampath Kumar Aged about 19 years, 4. Sri Gopala Krishna S/o Subramani Aged about 85 years, All are R/at No.123 Nadamma Layout Kodichikkanahalli Bengaluru South Bilekahalli, Bengaluru-560 076 ...Appellants (By Sri Gurudev Prasad K T, Advocate) - 2 - AND 1. The Oriental Insurance Co. Ltd., By its Manager, Regional Office No.44/45 Leo Shopping Complex Residency Road Bengaluru – 560 025 2. M/s Transport Corporation of India Ltd., By its Manager TCI House, Astodia Gate Old Junalathi Bazar Ahmedabad, Gujarat-380 022 …Respondents (By Sri Govindarajan R, Advocate for R1) This MFA filed u/s 173(1) of MV Act against the judgment and award dated 01.09.2023 passed in MVC No.4962/2022 on the file of the I Additional Small Cause Judge and ACMM & Member-MACT, Bengaluru (SCCH-11), partly allowing the claim petition for compensation and seeking enhancement of compensation. This Appeal coming on for conciliation before Lok Adalat, the following conciliation order is passed. CONCILIATION ORDER Learned counsel appearing for the appellants- claimants is present. 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 - 3 - 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.6,00,000/- (Rupees Six Lakhs), 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 of enhanced compensation amount should be as per the ratio adopted by the Tribunal i.e., 40:20:20:20 and the entire shares of enhanced compensation amount shall be released in favour of the appellants respectively, 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 Award accordingly. Sd/- JUDGE Sd/- MEMBER KMV