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2025 DAILYLAW 76416 (KAR)

SMT.RATHNAMMA @ NAGARATHNAMMA v. JANAKI H.G.

MFA/2810/2020 · 2025-09-13

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 13TH DAY OF SEPTEMBER, 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM & SRI. VENKATESH P. DALWAI, MEMBER M.F.A.No. 2810/2020 (MV-D) (Lok Adalat No. 5908/2025) BETWEEN: 1 . SMT.RATHNAMMA @ NAGARATHNAMMA W/O.LATE. NINGAPPA AGED ABOUT 45 YEARS 2 . YOGESHWARI D/O LATE NINGAPPA AGED ABOUT 11 YEARS SINCE APPELLANT NO.2 IS MINOR SHE IS REP BY HER NATURAL GUARDIAN MOTHER SMT.RATHNAMMA @ NAGARATHNAMMA APPELLANT NO.1. BOTH ARE R/AT 682 JANATHA COLONY ROAD YELWALA, MYSURU 2 AND ALSO R/AT CHIKKA ADAGANAHALLI VILLAGE MANUGANAHALLI POST, BILEKERE HOBLI HUNSUR TALUK, MYSORE DISTRICT. ...APPELLANTS (BY SRI. SYED ABDUL SABOOR, ADVOCATE) AND: 1 . JANAKI H.G. W/O. GANESH H.K R/AT S.C. COLONY, NILAVAGILU VILLAGE HUNSUR TALUK, MYSORE DISTRICT-571105. (OWNER AUTO KA45 / 8642) 2 . THE MANAGER SRIRAM GENERAL INSURANCE COMPANY LTD. NEAR SADVIDYA PATASHALA RAMAVILAS ROAD, MYSURU-570024. (INSURER OF AUTO KA 45/8642) 3 . VINAY SURESH S/O SURESH AGED ABOUT 43 YEARS R/AT 327, 5TH MAIN, II CROSS BABANNA LAYOUT, MALLASANDRA BENGALURU 560057. (OWNER OF CAR KA 03 MW 6250) 4 . ICICI GENERAL INSURANCE CO. LTD 414, VEERASHYVARKA MARGA NEAR SIDDI VINAYAKA TEMPLE PRABHADEVI, MUMBAI-400025. BRANCH OFFICE AT: 3 1ST MAIN SARASWATHIPURAM MYSURU-570009. …RESPONDENTS (BY SRI.SHIVANNE GOWDA, ADVOCATE FOR R.2; SRI.GOPINATH .J, ADVOCATE FOR R3; SRI. B. PRADEEP, ADVOCATE FOR R4 ) THIS MFA IS FILED U/SEC.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.07.2019 PASSED IN MVC NO.753/2017 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES AS A PRESIDING OFFICER, MACT, MYSURU, 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 Appellants - Claimants is present. The learned Counsel appearing for the Respondent Nos.2 and 4 – Insurance Companies 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 Nos.2 and 4 - Insurance Companies and its authorized officer is filed. The appellants - claimants have agreed to receive and the respondent No.2 -Insurance Company and respondent No.4 - Insurance 4 Company have agreed to pay a lump-sum of Rs.5,50,000/- (Rupees Five Lakh Fifty Thousand only) (in the ration of 50% each) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The Respondent No.2- Insurance Company and Respondent No.4 - Insurance Company have 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. 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 ALB