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2025 DAILYLAW 77806 (KAR)

SMT DEVI GOND v. M/S DATTATREYA TOURS AND TRAVELS

MFA/6070/2024 · 2025-09-13

Lok Adalath

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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 DR. JUSTICE K. MANMADHA RAO & SMT. SUDHA D, MEMBER M.F.A.No.6070/2024 (MV) (Lok Adalat No.5866/2025) BETWEEN: 1. SMT. DEVI GOND, W/O. LATE.RAMESH GOND, AGED ABOUT 35 YEARS, 2. MINOR TEJAS GOND, S/O.LATE RAMESH GOND, AGED ABOUT 3 YEARS. APPELLANT NO.2 IS MINOR REPRESENTATION BY GUARDIAN MOTHER/ 1ST APPELLANT DEVI GOND. 3. SRI JOGI BADIYA GOND, S/O LATE. BADIYA GOND, AGED ABOUT 78 YEARS. 4. SMT.KULLI JOGI GOND, W/O. JOGI BADIYA GOND, AGED ABOUT 72 YEARS. 2 ALL ARE RESIDING AT: H.NO.02, BESE, KONAR, BHATKAL TALUK - 581320 ...APPELLANTS (BY SRI.NAGARAJA HEGDE, ADVOCATE) AND 1. M/S. DATTATREYA TOURS & TRAVELS PROP:SEEMA SUBHASH SHETTY, R/O. MURULIDHAR MATH ROAD, KARWAR-581301. 2. THE NATIONAL INSURANCE CO. LTD., BRANCH OFFICE: KUNDAPURA, SRI SAI CENTER, 2ND FLOOR, MAIN ROAD, KUNDAPURA - 576201. REP. BY ITS BRANCH MANAGER. .…RESPONDENTS (BY SRI.H.C. BETSUR, ADVOCATE FOR R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.02.2024 PASSED IN MVC NO.774/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, 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 through video conferencing/physical hearing. 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 (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.7,10,000/- (Rupees Seven Lakh Ten 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 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 GSR