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2025 DAILYLAW 74933 (KAR)

MANJUNATHA v. SMT PRABHA UMESH

MFA/1779/2024 · 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 NATIONAL 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 H T NARENDRA PRASAD & SRI. H PAVANA CHANDRA SHETTY, MEMBER M.F.A.NO. 1779/2024 (MV) (LOK ADALAT NO.3967/2025) BETWEEN: MANJUNATHA S/O VARADAPPA AGED ABOUT 58 YEARS, COOLIE R/O KACHINAKATTE VILLAGE JYOTHI NAGARA SHIVAMOGGA TALUK AND SHIVAMOGA DISTRICT 577 201 ...APPELLANT (BY SRI M V MAHESWARAPPA, ADVCOATE) AND: 1 . SMT PRABHA UMESH W/O B N UMESH AGED ABOUT 57 YEARS, R/O H NO.37 PLOT NO. 2031 Ist CROSS, K N S SAMPRANA AMARJYOTHINAGAR 2 VIJAYANAGAR BENGALURU 560 040. 2 . SHISHIR AMARNATH S/O MARNATH AGED ABOUT 31 YEARS R/O AADRANAGARA MUDALAPALYA BENGLAURU 560 040. 3 . THE MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD., IVIVI LOMBARD HOUSE 414 VEER SAVARKAR MARG PRABHADEVI, MUMBAI 400025. …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.09.2019 PASSED IN MVC NO. 07/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, CJM AND AMACT, VII, SHIVAMOGGA, 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 Appellant - Claimant 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. 1,65,000/- (Rupees One Lakh and Sixty 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. 4 4. The enhanced compensation amount of Rs.1,65,000/- is ordered to be released in favour of the appellant – claimant, on proper identification. 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 CM/-