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2025 DAILYLAW 78284 (KAR)

SUHASINI V v. THE MANAGING PARTNER

MFA/7058/2021 · 2025-08-13

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 13TH DAY OF AUGUST 2025 CONCILIATORS PRESENT: THE HON’BLE MRS. JUSTICE K.S.HEMALEKHA & SMT. K.M.ARCHANA, MEMBER M.F.A.No.7058/2021 (MV) (Lok Adalat No.5557/2025) BETWEEN 1. SUHASINI .V W/O LATE. SANTHOSH H.K, NOW AGED ABOUT 21 YEARS, 2. KRISHNAPPA S/O LATE APPASWAMY, NOW AGED ABOUT 54 YEARS, 3. SMT. HANUMATHAMMA W/O KRISHNAPPA, NOW AGED ABOUT 51 YEARS, 4 . BABY HARINI .S D/O LATE SANTHOSH H.K, NOW AGED ABOUT 5 YEARS, ALL ARE R/AT 9TH CROSS, SWAMY VIVEKANANDANAGAR, DODDATHIGALARA PETE, 2 HOSAKOTE, KARNATAKA-562114. NOTE:THE APPELLANT NO.4 IS SINCE MINOR REP. BY HIS MOTHER N/G SMT. SUHASINI.V. ...APPELLANTS (BY SRI. N.R. RANGEGOWDA, ADVOCATE) AND 1 . THE MANAGING PARTNER, M/S. R.S. ROCK SAND, SY.NO.36, BETTAHOSAPURAVI, VEMGAL HOBLI, KOLAR TQ 7 DISTRICT, KOLAR- 563101. 2 . ROYAL SUNDARAM GENERAL INSURANCE CO. LTD. NO 30, 3RD FLOOR, JNR CITY CENTRE, RAJ RAM MOHAN ROY ROAD, OFF. RICHMOND ROAD, OPP. TO KANTEERAVA STADIUM, SAMPANGI RAMANAGARA, BANGALORE-560027. 3 . KUMAR H.K. S/O KRISHNAPPA, NOW AGED ABOUT 33 YEARS, 4 . CHANDRAKALA.K W/O KUMAR H.K, NOW AGED ABOUT 30 YEARS, 5 . MASTER LAKSHMIKANTH.K S/O KUMAR H.K, NOW AGED ABOUT 7 YEARS. 3 6. MASTER.LAKSHMIKANTH.K. S/O KUMAR H.K, NOW AGED ABOUT 5 YEARS, THE RESPONDENT NOS.5 AND 6 ARE MINORS REP BY THEIR MOTHER RESPONDENT NO.4. THE RESPONDENTS NOS.3 TO 6 ARE RESIDING AT 9TH CROSS, SWAMY VIVEKANANDANAGAR, DODDATHIGALARA PETE, HOSAKOTE, KARNATAKA-562114. RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R-2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.01.2021 PASSED IN MVC NO. 1389/2019 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-1), 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: 4 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 is 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.2,10,000/- (Rupees Two 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. 5 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 SRK