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2025 DAILYLAW 77822 (KAR)

SMT. SHIVAMMA v. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED

MFA/8431/2024 · 2025-09-13

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

M.F.A.No.8431/2024 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 MRS. JUSTICE K.S.MUDAGAL & SMT.P.V.KALPANA, MEMBER MISCELLANEOUS FIRST APPEAL No.8431/2024 (MV-D) (Lok Adalat No.5854/2025) BETWEEN: SMT.SHIVAMMA W/O LATE RAMANNA AGED ABOUT 51 YEARS R/AT NO.45, 4TH CROSS NARAYANAPURA PEENYA 2ND STAGE NEAR SHANESHWARA TEMPLE BENGALURU-560 058 … APPELLANT (BY SRI GIRIMALLAIAH, ADVOCATE) AND: 1. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED THE ESTATE, 9TH FLOOR DICKENSON ROAD, M.G.ROAD BENGALURU - 560 042 2. MR.MADHAN.P MAJOR R/AT NO.100, SMS LAYOUT BINNAMANGALA NELAMANGALA TALUK-562 123 BENGALURU RURAL DISTRICT … RESPONDENTS (BY SRI KRISHNA KISHORE S, ADVOCATE FOR R1; M.F.A.No.8431/2024 2 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 25.10.2024 PASSED IN MVC NO.6420/2022 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned Counsel for the appellant-claimant and learned Counsel for the respondent–Insurance Company along with its representative are present. 2. After negotiation, the matter is settled. A joint memo signed by learned Counsel appearing for the appellant/claimant (being authorized by the appellant/claimant to sign) and the learned Counsel appearing for the respondent- Insurance Company and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs.1,05,000/- (Rupees One Lakh Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. M.F.A.No.8431/2024 3 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. On such deposit, entire compensation amount shall be digitally released to the claimant on furnishing required documents. 4. The apportionment, release and investment of the enhanced compensation amount in Fixed Deposit shall be in terms of the judgment and award passed by the Tribunal. 5. The 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 KSR