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2025 DAILYLAW 78028 (KAR)

SMT RADHAMMA v. SRI DIVAKAR

MFA/373/2025 · 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 VENKATESH NAIK T. AND SRI POOJAPPA J., MEMBER MISCELLANEOUS FIRST APPEAL NO.373 OF 2025 (MV-D) (LOK-ADALAT NO.8095 OF 2025) BETWEEN: 1. SMT. RADHAMMA WIFE OF LATE NARAYANAPPA AGED ABOUT 46 YEARS. 2. SRI SHIVA KUMAR N. SON OF LATE NARAYANAPPA AGED ABOUT 30 YEARS. 3. SRI YASHVANTH N. SON OF LATE NARAYANAPPA AGED ABOUT 28 YEARS. 4. SMT. SIDDAMMA WIFE OF LATE RAMAIAH AGED ABOUT 67 YEARS. ALL ARE RESIDING AT NO.236, BESIDE VISHNU TEMPLE ADIGONDANAHALLI, MARUTHANALLUR ANEKAL TALUK - 560 099 BENGALURU. ...APPELLANTS (BY SRI JAGADEESH H. T., ADVOCATE) 2 AND: 1. SRI DIVAKAR SON OF GOPAL REDDY AGE: MAJOR RESIDING AT NO.76/77 MANDAKALLI VILLAGE NANJANAGUD ROAD MYSORE - 571 311 2. THE MANAGER HDFC ERGO GENERAL INSURANCE COMPANY LIMITED 1ST FLOOR, H.M.GENEVA HOUSE NO.14, CUNNIGAM ROAD BENGALURU - 560 052. …RESPONDENTS (BY SRI B.C. SHIVANNE GOWDA, ADVOCATE) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 12.03.2024 PASSED IN MVC NO.4554 OF 2021 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR CONCILIATION BEFORE THE NATIONAL LOK-ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned counsel appearing for the appellants-claimants and 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 counsel appearing for the appellants- claimants and the learned counsel appearing for the respondent- 3 Insurance Company and its Authorised Officer is filed. The appellants- claimants has agreed to receive and the respondent-Insurance Company has agreed to pay a lump-sum of Rs.2,40,000/- (Rupees two lakh and forty 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 a period of six weeks' from the date of preparation of award, failing which, the said amount shall carry interest at the rate of 9% per annum 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 Tribunal. 5. This miscellaneous first appeal stands disposed off 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 kvk