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2025 DAILYLAW 77159 (KAR)

SMT AMBIKABAI v. PANYAM CEMENT AND MINERALS INDUSTRIAL LIMITED

MFA/2787/2021 · 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 LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON’BLE MRS. JUSTICE K.S. MUDAGAL & SMT. P.V. KALPANA, MEMBER M.F.A.No.2787/2021 (MV) (Lok Adalat No.2011/2025) BETWEEN: 1. SMT. AMBIKABAI, W/O LATE. MANJUNATHA, AGED ABOUT 36 YEARS, NO.8, LAMBANIHATTI, HOLALKERE VILLAGE, J C PURA POST, ARASIKERE TALUK, HASSAN DISTRICT - 573 103. 2. MEGHANABAI, D/O LATE. MANJUNATHA, AGED ABOUT 21 YEARS. 3. SINCHANABAI, D/O LATE. MANJUNATHA, AGED ABOUT 18 YEARS. ALL ARE PRESENTLY R/AT: C/O WILLIAN KERI, 2 R C ROAD, HASSAN - 573 201. ...APPELLANTS (BY SRI. MURTHY D L, ADVOCATE) AND: 1 . PANYAM CEMENT AND MINERALS INDUSTRIAL LIMITED, REP: BY S.SREEDHAR REDDY, INDUSTRIAL ESTATE, BOMMALA SATARAM, NANDYAL, KURNOOL DISTRICT, ANDRA PRADESH - 518 501. 2. THE MANAGER, NATIONAL INSURANCE COM. LTD., MANJUNATH COMPLEX, OLD BUS STAND RAOD, HASSAN - 573 201. 3. SMT. GANGAMMA, W/O GURUSHANTHAPPA, AGED ABOUT 63 YEARS, R/AT J C PURA VILLAGE, KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 103. . …RESPONDENTS (BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.10.2019 PASSED IN MVC NO. 1005/2018 ON THE FILE OF THE II-ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE 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 negotiations, the matter is settled. A joint memo signed by the learned Counsel appearing for the appellants/claimants (being authorized by the appellants/claimants to sign) and the learned Counsel 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.12,40,000/- (Rupees Twelve Lakh Forty Thousand only), in addition to what has been awarded by the Claim Tribunal inclusive of interest, 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. 5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The impugned judgment and award of the Tribunal shall stand modified accordingly. Draw award accordingly. Sd/- JUDGE Sd/- MEMBER SHS