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2025 DAILYLAW 74599 (KAR)

MANJAMMA v. DINESH

MFA/1603/2022 · 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 C M POONACHA & SRI. SUBRAHMANYA. P D, MEMBER M.F.A.No. 1603/2022 (MV) (Lok Adalat No.6246/2025) BETWEEN: 1. MANJAMMA WIFE OF LATE CHANDRU C. AGED ABOUT 37 YEARS 2. C.KEERTHANA, D/O LATE CHANDRU C AGED ABOUT 6 YEARS 3. PUTTAMMA, W/O CHIKKAMUDUKAIAH AGED ABOUT 68 YEARS 4. KARIYAPPA S/O CHIKKAMUDUKAIAH AGED ABOUT 46 YEARS 2 5. UMESH S/O CHIKKAMUDUKAIAH AGED ABOUT 40 YEARS 6. PAVITHRA C D/O CHIKKAMUDUKAIAH AGED ABOUT 32 YEARS SINCE 2ND APPELLANT IS MINOR REP BY HER MOTHER AND NATURAL GUARDIAN 1ST APPELLANT ALL ARE RESIDING AT SOGALA VILLAGE AND POST CHANNAPATNA TALUK RAMANAGARA DISTRICT PIN - 562138 ...APPELLANTS (By Sri.R SHASHIDHARA, Advocate) AND: 1 . DINESH SON OF VENKATASWAMAIAH MAJOR IN AGE R/AT NO.95, VADARAHALLI TATAGUNI KANAKAPURA MAIN ROAD, BANGALORE (RC OWNER OF CRANE LORRY BEARING NO.KA-51-P-1431) 2. GOVINDASWAMY R FATHER'S NAME NOT KNOWN MAJOR IN AGE R/AT NO.322 5TH WARD ARKAVATHI EXTN 3 DODDABALLAPUR TOWN BENGALURU RURAL - 561203 (POLICY HOLDER OF CRANE BEARING NO.KA-51-P-1431) 3. UNITED INDIA INSURANCE CO LTD REGIONAL OFFICE 5TH FLOOR KRUSHI BHAVAN NRUPATHUNGA ROAD NEAR HUDSON CIRCLE BENGALURU - 560027 (POLICY NO.0704033118P106150970 VALID FROM 09.08.2018 TO 08.08.2019) …RESPONDENTS (By G S MARULAIAH, Advocate for R-3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.03.2020 PASSED IN MVC NO.6298/2018 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-4), 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. 4 CONCILIATION ORDER The learned Counsel appearing for the Appellants - Claimants is present through video conferencing/physical hearing. 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 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.5,25,000/- (Rupees Five Lakh Twenty 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. 5 4. The enhanced amount shall be apportioned amongst the claimants in the same ration as apportioned by the Tribunal. 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 GSR