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2025 DAILYLAW 75393 (KAR)

SOWBHAGYA. N v. DHANALAKSHMI

MFA/4152/2025 · 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 G. BASAVARAJA & SRI. VIJAYAKUMAR MAJAGE, MEMBER M.F.A.No.4152/2025 (MV-D) (Lok Adalat No.5431/2025) BETWEEN 1. SOWBHAGYA. N W/O LATE KRISHNA K, AGED ABOUT 40 YEARS, 2. DISHANTH GOWDA K S/O LATE KRISHNA K, AGED ABOUT 15 YEARS, 3. JENKAAR K S/O LATE KRISHNA K, AGED ABOUT 8 YEARS 2ND 3RD APPELLANTS ARE THE MINOR REPRESENTED BY MOTHER SOWBHAGYA AS NATURAL GUARDIAN 4. LAKSHMAMMA W/O LATE KEMPANNA AGED ABOUT 58 YEARS 2 ALL ARE RESIDING AT VENKATESHAPURA, SIRA GATE, TUMKURU TALUK- AND TUMKURU DISTRICT - 577101. ...APPELLANTS (BY SRI. MALLIKARJUN B RYAKHA, ADV.) AND 1. DHANALAKSHMI W/O SENTHIKUMAR, AGED ABOUT 51 YEARS, RESIDENT DOOR NO. 38/28 RVE LAYOUT, 4TH STREET, TENNAMPALYAM, TRIPURA TALUQ., TAMILNADU STATE - 799261 2. THE MANAGER NEW INDIA ASSURANCE CO. LTD., TAMILNADU - 600 001 SERVICE ADDRESS. THE MANAGER NEW INDIA ASSURANCE CO. LTD., BARLANE ROAD, TUMAKURU - 577101. …RESPONDENTS (BY SRI. G. S. MARULAIAH., ADV. FOR R2.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.09.2024 PASSED IN MVC NO.7/2022 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, AND MACT, TUMAKURU, 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: 3 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. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants/claimants 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.80,000/- (Rupees Eighty 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. The apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. 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 Award accordingly. Sd/- JUDGE Sd/- MEMBER lnn