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2025 DAILYLAW 75591 (KAR)

SMT. BASAMMA v. THE ORIENTAL INSURANCE CO LTD

MFA/4942/2024 · 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 B M SHYAM PRASAD & SRI.PAVANA CHANDRA SHETTY H., MEMBER MFA. No.4942/2024 (Lok Adalat No.681/2025) BETWEEN: 1 . SMT. BASAMMA W/O. LATE SHASHI, AGED ABOUT 46 YEARS, 2 . MISS. AISHWARYA D/O. LATE SHASHI KUMAR, AGED ABOUT 26 YEARS, BOTH ARE R/A NELAHAL POST, BELLAVI HOBLI, NELAHAL, TUMKUR-572128. ...APPELLANTS (BY SRI. SHRIPAD V SHASTRI., ADVOCATE) AND: 1 . THE ORIENTAL INSURANCE CO. LTD T. P. HUB, NO. 44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, 2 BENGALURU-560 025, BY ITS MANAGER. 2 . THE DESIGNATED PARTNER M/S. KOSTA SHIPPING LLP, 3RD FLOOR, 54/2606 E, J. N. CORNER, JAWAHAR NAGAR, KADAVANTHRA, ERNAKULAM, KERALA STATE-682 020. …RESPONDENTS (BY SMT. GEETHA RAJ., ADVOCATE IS DIRECTED TO TAKE NOTICE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DT.02.11.2023 PASSED IN MVC NO.4386/2020 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, BENGALURU, (SCCH-24), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA IS 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. 3 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.52,000/- (Rupees Fifty Two Thousand only) in addition to what has been awarded by the Claims 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 apportionment, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. This Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The Judgment of the Tribunal shall stands modified accordingly. Draw up the award accordingly. Sd/- JUDGE Sd/- MEMBER SA