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2025 DAILYLAW 79626 (KAR)

SRI DUMMAIAH v. THE MANAGER

MFA/4232/2022 · 2025-07-12

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 12TH DAY OF JULY 2025 CONCILIATORS PRESENT: THE HON’BLE MS. JUSTICE J.M.KHAZI & SMT. SOHANI HOLLA, MEMBER M.F.A.No. 4232/2022 (MV) (Lok Adalat No.6126/2025) BETWEEN: 1 . SRI DUMMAIAH S/O LATE BUDAIAH AGED ABOUT 54 YEARS 2 . SMT CHIKKAMMANI W/O DUMAIAH AGED ABOUT 44 YEARS 3 . SMT BHAGYA K D D/O DUMAIAH AGED ABOUT 26 YEARS ALL ARE RESIDING AT NO.15/20 S C COLONY, NEAR VVT SCHOOL KODIHALLI VILLAGE AND POST KANAKAPURA TALUK RAMANAGARA DISTRICT BENGALURU-562 106. ...APPELLANTS (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) 2 AND 1 . THE MANAGER NEW INDIA ASSURANCE CO LTD., R.O. NO.22-B UNITY BUILDING COMPLEX MISSION ROAD/LALBAGH ROAD BENGALURU-560 027. (INSURER OF OFFENDING VEHICLE TRACTOR AND TRAILER BEARING NO. KA-42-T-5215/5216) 2 . MR BALA NAIK S/O ANADE NAIK NO.101, AMBEDKARNAGAR KANAKAPURA TOWN AND TALUK RAMANAGARA DISTRICT. (RC OWNER OF VEHICLE TRACTOR AND TRAILER BEARING NO. KA-42-T-5215/5216) RESPONDENTS (BY SRI. : ASHOK N PATIL, ADVOCATE FOR R-1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.03.2022 PASSED IN MVC NO. 397/2019 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, XXII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER-MACT, BENGALURU (SCCH-24). PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 3 THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 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.8,00,000/- (Rupees Eight Lakhs 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 ASN