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2025 DAILYLAW 79618 (KAR)

KAMALA v. NIHAL M.T

MFA/243/2024 · 2025-07-12

Lok Adalath

Public Interest Litigationbody2025

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 12TH DAY OF JULY 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE VIJAYKUMAR A PATIL & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No. 243/2024 (MV) (Lok Adalat No.6638/2025) BETWEEN 1 . KAMALA AGED ABOUT 63 YEARS W/O LATE GANAPAYYA GANIGA 2. SUMANA AGED ABOUT 39 YEARS 3. NAYANA AGED ABOUT 37 YEARS 4. SHANTHI AGED ABOUT 35 YEARS NO.2 TO 4 ARE CHILDREN OF LATE GANAPAYYA GANIGA 2 ALL ARE RESIDING AT KANTHESHWARA ROAD, GOPADI VILLAGE, KOTESHWARA POST, KUNDAPURA TALUK. …APPELLANTS (BY SRI K PRASANNA SHETTY, ADVOCATE) AND 1 . NIHAL M.T AGED ABOUT 29 YEARS S/O PRAKASHAN K R/O PANCHAMI, VELAPURAM PALAM , PAPPINISSIRI POST, KANNUR TALUK, KERALA STATE. 2. SAJITH PUTHIYA PUREYAL AGED ABOUT 43 YEARS S/O LAXMANAN PALPPILA KANDI R/O PUTHIYA PUREYAL VELAPURAM PALAM PAPPINISSIRI POST KANNUR TALUK KERALA STATE. 3. THE NEW INDIA ASSURANCE CO. LTD. DIVISIONAL OFFICE: 2ND FLOOR REP BY ITS MANAGER SRI RAM ARCADE OPP. POST OFFICE UDUPI. …RESPONDENTS (BY SRI A R LAKSHMI NARAYANA, ADVOCATE FOR R-3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.11.2021 PASSED IN MVC 3 NO.1116/2016 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 LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 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 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.2,40,000/- (Rupees Two Lakh Forty Thousand only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 4 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. 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